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“Section 139(5)”

Section References (mined)Section 139Section 139(5)688 judgments

The decision most relied on for Section 139(5) is Goetze (India) Ltd. v. CIT (284 ITR 323), cited in 1,842 judgments on BharatTax.

Leading authorities on Section 139(5)

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

Co-operative Bank Ltd. v. CIT
384 ITR 490 · 2016 · High Court
631
citing judgments

Co-operative banks are not fundamentally different from co-operative societies, entitling them to claim deductions under Section 80P of the Income Tax Act, 1961, including for interest income treated as business income.

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

Smt. Tarulata Shyam v. CIT
108 ITR 345 · 1977 · Supreme Court
209
citing judgments

Taxing statutes must be interpreted strictly, assuming that the law-making authority does not commit a mistake or make an omission. There is no room for purposive interpretation under direct tax laws.

PCIT v. Wipro Ltd.
140 Taxmann.com 223 · 2022 · Supreme Court
192
citing judgments

Exemption provisions under Chapter III, such as Section 10B(8), must be interpreted strictly, and any claim for such exemptions must be made in the return of income. The principles governing Chapter III (incomes not forming part of total income) differ from those for Chapter VIA (deductions in computing total income).

DCIT v. Reliance Industries Ltd.
88 ITD 273 · 2004 · ITAT
169
citing judgments

Interest, sales tax, and purchase tax subsidies received by an assessee are generally considered capital receipts, not revenue income, for income tax purposes.

CIT v. Torrent Power Ltd.
354 ITR 630 · 2013 · High Court
166
citing judgments

If an assessee possesses sufficient interest-free own funds to cover investments yielding exempt income, it is presumed that such investments are made from these own funds, precluding any disallowance of interest expenditure under Section 14A, even when borrowed funds are also available.

Lissie Medical Institutions v. CIT
348 ITR 344 · 2012 · High Court
164
citing judgments

The Kerala High Court held that charitable institutions claiming exemption under Section 11 are not entitled to claim depreciation on assets used for charitable purposes, taking a view contrary to most other High Courts.

Judgments citing Section 139(5)

M/S Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee in ITA No

ITA 5451/DEL/2016[2013-14]Status: DisposedITAT Delhi21 May 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1.2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

ITA 5257/DEL/2015[2012-13]Status: DisposedITAT Delhi21 May 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 139(5)Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1. 2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

ITA 5256/DEL/2015[2011-12]Status: DisposedITAT Delhi21 May 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 139(5)Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1. 2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

ITA 5255/DEL/2015[2010-11]Status: DisposedITAT Delhi21 May 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 139(5)Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1. 2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee in ITA No

ITA 5254/DEL/2015[2009-10]Status: DisposedITAT Delhi21 May 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1.2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

ITA 5253/DEL/2015[2008-09]Status: DisposedITAT Delhi21 May 2025AY 2008-09

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 139(5)Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1. 2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

ITA 5252/DEL/2015[2007-08]Status: DisposedITAT Delhi21 May 2025AY 2007-08

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 139(5)Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1. 2. Without prejudice, the CIT(A) erred on facts

M/S. Jindal Photo Ltd., New Delhi vs. ACIT, New Delhi

ITA 5251/DEL/2015[2006-07]Status: DisposedITAT Delhi21 May 2025AY 2006-07

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Baljeet Kaur, CIT-DR
Section 132Section 139(5)Section 153A

found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 2. That the CIT(A) erred on facts and in law in holding that ... found during the search and hence closed assessment cannot be disturbed by initiating the proceedings under section 153A; and c) revised return under section 139(5) of the Act was not filed for making the claim. 1. 2. Without prejudice, the CIT(A) erred on facts

Shree Jamkandorna Taluka Co-Op. Sales and Purchase Union Ltd., Janmkandorana, Rajkot vs. Income Tax Office, Ward 2(1)(2), Rajkot

The appeal is allowed for the statical purpose

ITA 58/RJT/2024[2018-19]Status: DisposedITAT Rajkot20 May 2025AY 2018-19

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.58/Rjt/2024 "नधा"रणवष" / Assessment Year: (2018-19) (Hybrid Hearing) Shree Jamkandorna Taluka Co-Op. Vs. Income Tax Officer, Sales & Purchase Union Ltd Ward2(1)(2), C/O. Sarda & Sarda, Cas, Rajkot. 1St Floor, “Sakar”, Dr. Radhakrishnan Road, Opp. Rajkumar College, Rajkot-360001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas2296M (Appellant) (Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav , Ld. Sr. (Dr) Date Of Hearing : 25/02/2025 Date Of Pronouncement : 20/05/2025 आदेश / O R D E R

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav , Ld. Sr. (DR)
Section 139(5)Section 143(1)Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(2)(f)

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, AM. & DINESH MOHAN SINHA, JM आयकरअपीलसं

M/S. Howrah Forgings Ltd., Kolkata vs. ACIT, Circle 1(1), Kolkata

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 61/KOL/2025[2023-24]Status: DisposedITAT Kolkata20 May 2025AY 2023-24

Bench: Shri George Mathan & Shri Sanjay Awasthiassessment Year: 2023-24 M/S Howrah Forgings Ltd., Circle 1(1), Kolkata, 18, R.N. Mukherjee Road, Aayakar Bhawan, P-7, Vs. Kolkata - 700001 Chowringhee Square, (Pan: Aaach6139E) Kolkata - 700069 (Appellant) (Respondent)

For Appellant: Shri Deepak MundhraFor Respondent: Roma Chaudhary, JCIT, Sr. DR
Section 139(5)Section 143(1)Section 250Section 254(1)Section 41

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER

Hari Om Rastogi, Fatehpur vs. ACIT (Central Circle), Allahabad

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 22/ALLD/2025[2019-20]Status: DisposedITAT Allahabad14 May 2025AY 2019-20

Bench: Shri Subhash Malguria & Shri Sanjay Awasthi

Section 132Section 139Section 139(1)Section 139(5)Section 142(1)Section 144Section 153ASection 69

I.T.A. No.20, 21 & 22/Alld/2025 1 IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI SUBHASH MALGURIA, JUDICIAL MEMBER

Hari Om Rastogi, Fatehpur vs. ACIT (Central Circle) Allahabad, Allahabad

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 21/ALLD/2025[2018]Status: DisposedITAT Allahabad14 May 2025

Bench: Shri Subhash Malguria & Shri Sanjay Awasthi

Section 132Section 139Section 139(1)Section 139(5)Section 142(1)Section 144Section 153ASection 69

I.T.A. No.20, 21 & 22/Alld/2025 1 IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI SUBHASH MALGURIA, JUDICIAL MEMBER

Hari Om Rastogi, Fatehpur vs. ACIT (Central Circle), Allahabad

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 20/ALLD/2025[2015-16]Status: DisposedITAT Allahabad14 May 2025AY 2015-16

Bench: Shri Subhash Malguria & Shri Sanjay Awasthi

Section 132Section 139Section 139(1)Section 139(5)Section 142(1)Section 144Section 153ASection 69

I.T.A. No.20, 21 & 22/Alld/2025 1 IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI SUBHASH MALGURIA, JUDICIAL MEMBER

The United Club, Koratty South vs. Assistant Commissioner of Income Tax, CPC, Bangalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 427/COCH/2024[2014-15]Status: DisposedITAT Cochin14 May 2025AY 2014-15

Bench: Shri George George K, Vice- & Shri Inturi Rama Rao

For Appellant: Sri.Abraham Joseph Markos, AdvocateFor Respondent: Smt.Leena Lal, Senior AR
Section 12ASection 143(1)Section 250

which was not allowed due to the reason "statutory limit to file the revised return was lapsed as per the provisions of the section 139(5) of the Act." In this regard it is held that it is settled law that the appellant-assessee has to file the true particulars

Up Government Employees Welfare, Lucknow vs. ACIT-2, Lucknow

ITA 745/LKW/2024[2013-14]Status: DisposedITAT Lucknow14 May 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: NoneFor Respondent: Shri Manu Chaurasia, CIT(DR)
Section 119(2)Section 124Section 139Section 139(5)Section 143(1)Section 154Section 226(3)Section 250

part only for such purposes; or income by way of voluntary contribution on behalf of such trust or institution. c. As per section 139(5) clause (a) "the annexure, statements and columns in the return of income relating to computation of income chargeable under each head of income, computation

Ravinder Singh Chauhan, Dehradun vs. ITO, Ward-3(1), Visakhapatnam

In the result, appeal of the assessee is allowed for statistical purposes

ITA 132/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam13 May 2025AY 2019-20

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.132/Viz/2025 (निर्धारणवर्ा/ Assessment Year: 2019-20) Ravinder Singh Chauhan V. Income Tax Officer – Ward – 3(1) Visakhapatnam – 530020 109, B-Block, Ekta Vihar Andhra Pradesh Mohkampur, Uttarkhand-248005 [Pan: Ajypc4488M]

Section 139(1)Section 139(5)Section 143(1)Section 154

appeal before us by raising following grounds of appeal: - “1. Omissions and Inaccuracies in the Revised Return The revised return filed under section 139(5) contains several inaccuracies and omissions, resulting in an erroneous assessment. It does not accurately reflect the Appellant's income and deductions as specified in Form ... return of income was filed wrongly and Ld. Authorised Representative [hereinafter “Ld.AR”] pleaded that revised return of income filed by the assessee under section 139(5) of the Act shall be ignored while processing the original return of income filed under section 139(1) of the Act. He pleaded that

Dr. Prabha Atre Foundation, Mumbai vs. Income Tax Exemption Ward 1(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 124/MUM/2025[2020-21]Status: DisposedITAT Mumbai09 May 2025AY 2020-21

Bench: Sandeep Singh Karhail & Shri Girish Agrawalassessment Year: 2020-21

For Appellant: Shri Sanjiv Brahme and Shri Jayant Bhatt, ARsFor Respondent: Shri Kiran Unavekar, SR. DR
Section 11Section 12ASection 139Section 143(1)Section 143(1)(a)

there remains no dispute to the fact that the return of income filed by the assessee is a belated return which as per section 139(5) of the Act could have been filed latest by 31.03.2019. Now, at this stage, we would like to refer to Circular issued by CBDT ... section 139 of the Act has been mentioned and does not specify whether it is about u/s 139(1) of the Act or section 139(5) of the Act, the view beneficial to the assessee needs to be accepted and, since section 139(1) and section 139(5) are part

Saharayn Universal Multipurpose Society Limited, Bhopal vs. The Commissioner of Income Tax (Appeals), Bhopal

Appeal is allowed for statistical purposes

ITA 425/IND/2024[2015-16]Status: DisposedITAT Indore07 May 2025AY 2015-16

Bench: Shri Pawan Singh & Shri B.M. Biyani

Section 143(2)Section 143(3)Section 194HSection 40

Your Honours, the law provides a specific remedy for an assessee to revise a return of income under section 139(5) of the Act. If they failed to do so, they cannot bypass this statutory requirement by merely submitted a revised computation before the AO or the Appellate Authorities. Reliance ... never undertaken by the Assessing Officer, precisely because the assessee did not invoke the correct legal procedure by filing a revised return under Section 139(5). The decision is, therefore, inapplicable. (vi) The judgment of Raj Rani Gulati vs. CIT (2012) 249 CTR 51 (All), reiterates that legal grounds

Raniwala Jewellers Private Limited, Jaipur vs. ACIT/DCIT Cir-6, Jpr, Jaipur

In the result, the appeal of the assessee is allowed

ITA 10/JPR/2025[2023-24]Status: DisposedITAT Jaipur06 May 2025AY 2023-24

Bench: Shri Gagan Goyal & Shri Narinder Kumar

For Appellant: Mr. Nikhilesh Kataria, C.A., Ld. ARFor Respondent: Mrs. Anita Rinesh, JCIT, Ld. DR
Section 10BSection 10B(8)Section 139Section 139(1)Section 139(5)Section 143(1)Section 250Section 80J

assessee also annexed a note to the computation of income. However, thereafter the assessee filed the revised return of income under section 139(5) on 23-12-2002 and filed a declaration under section 10B(8) which admittedly was after the due date of filing of the original return under ... construed, more particularly in a case of exemption sought by an assessee. [Para 8] In such a situation, filing a revised return under section 139(5) claiming carrying forward of losses subsequently would not help the assessee. In the instant case, the assessee filed its original return under section 139

Earth Reality, Vadodara vs. The Dy.CIT, Circle-1(1)(1), Vadodara

In the result, the appeal is dismissed

ITA 460/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad05 May 2025AY 2015-16

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Earth Reality Dcit, Cir.1(1)(1) Earth-49, Vs Vadodara. Opp: Misuza Court Vasna Road, Vadodara 390 007 Pan : Aadfe 0069 N (Applicant) (Responent) Assessee By : Shri Hemant Suthar, Ar Revenue By : Ms.Bhavnasingh Gupta, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 30/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 05/05/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Hemant Suthar, ARFor Respondent: Ms.Bhavnasingh Gupta, Sr.DR
Section 133ASection 143(3)Section 250Section 271(1)(c)

include the said income in the return of income filed under section 139(1), nor did it file a revised return under section 139(5) to correct the omission. Instead, the assessee submitted only a revised computation of income during the assessment proceedings, which cannot be equated with a revised ... income, without disclosing the admitted sum or claiming the advance tax allegedly paid. Significantly, the assessee did not file a revised return under section 139(5) to rectify the omission, nor did it make any attempt to explain the lapse in a timely or structured manner. More critically, the assessee