Salaried professional · Noida, Uttar Pradesh
A salaried filer served a mismatch notice over share sales
A software engineer who had filed ITR-1 for years received a notice after the AIS reported mutual fund redemptions she had not declared.
- Assessment years involved
- 2
- Additional tax due
- ₹0
- Notice closed in
- 3 weeks
स्थिति
She had filed her own return each year using Form 16, on ITR-1, and had never thought about the mutual funds she redeemed to fund a house deposit. The AIS reported the redemptions, the return declared none of it, and a mismatch notice followed. Her immediate assumption was that she owed a large amount of tax and a penalty.
हमें क्या मिला
The redemptions were long-term equity gains of about ₹1,10,000, which fell under the ₹1,25,000 annual exemption — so the correct tax on them was nil. The real defect was procedural rather than financial: ITR-1 cannot report capital gains at all, so the return was on the wrong form. A second year had the same problem, undetected because no notice had issued for it yet.
हमने क्या किया
- 1
Pulled the AIS and the broker's statement for both years and computed the actual gains against grandfathered acquisition costs.
- 2
Established that the gains fell within the exemption and that no tax was payable for either year.
- 3
Filed a revised return for the open year on ITR-2, the correct form, declaring the gains and claiming the exemption.
- 4
Filed an updated return under section 139(8A) for the earlier year, before a notice could issue for it.
- 5
Responded to the notice through e-Proceedings with the computation attached.
नतीजा
The notice was closed within three weeks with no additional tax. The earlier year was regularised before it became a second notice, which was the more valuable half of the work. She had been prepared to pay a penalty on income that was never taxable in the first place — the cost of the notice was entirely the wrong form, not the gains.
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