Question 1: I filed an Updated ITR u/s 139(8A). I received a defective communication against the same. How to respond against such defective notice ?

Response: Tax payer can submit response against the defective notice triggered against updated return in the same manner as 139(9) by navigating through below path : https://www.incometax.gov.in/iec/foportal/ → Login → Pending actions → e-proceedings → submit response by selecting respective notice.

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Question 2: While preparing XML/JSON for submitting response to defective notice triggered against updated return filed u/s 139(8A), which section dropdown should I select in ITR ?

Response: Tax payer is required to select section as 139(8A) while responding to defective notice triggered against 139(8A) section in ITR.

Question 3: Is it mandatory to fill “DIN” and “Date of Notice” while submitting responding to defective notice triggered against “updated return filed u/s 139(8A)”?

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Response: It is not recommended to enter DIN and Date of Notice.

Question 4: Can I submit response to defective notice triggered for any other ITR apart from the filed u/s 139(8A) by selecting 139(8A) and vice versa ?

Response: No. While submitting response to defective notice triggered against “any other ITR apart from 139(8A)”, tax payer should select section as 139(9) and while submitting response to defective notice triggered against 139(8A) return, tax payer should select section as 139(8A).

Question 5: Can I submit multiple responses to defective notice triggered against Updated return filed u/s 139(8A)?

Response: No, tax payer should submit only one response against one defective notice.

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Question 6: I didn’t file any prior ITR apart from 139(8A) for AY 20XX. While preparing XML/JSON for submitting response to defective notice triggered against updated return filed u/s 139(8A), which option should I select in A5 of Part A General 139(8A) ?

Response: Tax payer should select same option in“A5 of Part A General 139(8A)” as what he selected while filing 139(8A) ITR which means, if tax payer didn’t file prior ITR u/s 139(1)/139(4), then answer for A5 will be “No” in both return i.s.,139(8A) return and in response to defective notice triggered against 139(8A) return and so no need to fill “Original Date of filing” and “Acknowledgement number” of Original ITR in both the returns.

Question 7: I filed prior ITR apart from 139(8A) for AY 20XX. While preparing XML/JSON for submitting response to defective notice triggered against updated return filed u/s 139(8A), which option should I select in A5 of Part A General 139(8A) and which details need to be provided in “Original Date of filing and Acknowledgement number” fields ?

Response: Tax payer should select same option in“A5 of Part A General 139(8A)” as what he selected while filing 139(8A) ITR which means, if tax payer filed any prior ITR u/s 139(1) / 139(4) apart from 139(8A), then answer for A5 will be “Yes” in both return i.e.,139(8A) return and in response to defective notice triggered against 139(8A) return and so he needs to fill same “Original Date of filing” and “Acknowledgement number” of such previously filed Original ITR in both the returns.

Question 8: I filed updated return u/s 139(8A) and post that I submitted response to defective notice triggered for other than 139(8A) which is pending from long time. Which one will be considered as latest?

Response: Updated Returns may prevail over other applicable sections . So, updated return will be treated as latest return

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