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“Section 139(1)”

Section References (mined)Section 139Section 139(1)7,818 judgments

The decision most relied on for Section 139(1) is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 judgments on BharatTax.

Leading authorities on Section 139(1)

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

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.

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Gujarat State Road Transport Corporation
366 ITR 170 · 2014 · High Court
1,158
citing judgments

Employees' contributions to welfare funds, such as provident fund, are not allowable as a deduction under section 36(1)(va) if deposited beyond the due date prescribed under the respective welfare statutes, even by a single day. Such delayed deposits are not cured even if made before the income-tax return filing due date.

CIT v. Pruthvi Brokers & Shareholders
349 ITR 336 · 2012 · High Court
956
citing judgments

Appellate authorities can entertain fresh claims or revised computations of income made by an assessee, even if these were not submitted through a revised return of income.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 241 · 2016 · High Court
791
citing judgments

A penalty notice under section 271(1)(c) read with section 274 of the Income Tax Act is invalid if it fails to specify whether the penalty is for concealment of income or for furnishing incorrect particulars of income.

Judgments citing Section 139(1)

Sudhir Popatrao Chaudhari, Nashik vs. ITO, Ward 1(1), Nashik

In the result, appeal of the Assessee is Partly Allowed

ITA 2438/PUN/2024[2017-18]Status: DisposedITAT Pune27 Jan 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2438/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sudhir Popatrao Chaudhari, V The Income Tax Officer, Plot No.1, 2 B, Sr. No.260, S Ward-1(1), Nashik. Suman Bunglow, Dattatray Nagar, Amrutdham, Panchvati, Nashik – 422003. Pan: Afzpc5605F Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi – Ar Revenue By Shri Harshit Dilip Bari – Add.Cit(Dr) Date Of Hearing 21/01/2025 Date Of Pronouncement 27/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income-Tax Act, 1961 For Assessment Year 2017-18; Dated 15.10.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Confirming The Addition U/S 69A Towards Alleged Unexplained Cash Deposits By Holding That The Cash Deposits Of Rs.19,02,000 Made In Bank Account During Demonetization

Section 139(1)Section 250Section 44ASection 69A

ld.AR : 2. Ld.Authorised Representative(ld.AR) for the Assessee filed a paper book. Ld.AR submitted that Assessee had filed Return of Income under section 139(1) of the Act. During the scrutiny proceedings, Assessee had explained the source of cash deposits to ITA No.2438/PUN/2024 [A] the Assessing Officer. Ld.AR submitted that ... ld.CIT(A). Findings & Analysis : 4. We have heard both the parties and perused the records. Assessee had filed Return of Income under section 139(1) of the Act, declaring total of Rs.7,13,420/-. Case of the Assessee was selected for scrutiny on account of cash deposit. It is observed

Young Women'S Christian Association, Kozhencherry vs. Income Tax Officer, Ward 2, Thiruvalla

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

ITA 613/COCH/2024[2020-21]Status: DisposedITAT Cochin23 Jan 2025AY 2020-21

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2020-21 Young Women'S Christian Association .......... Appellant Kozhencherry P.O., Pathanamthitta 689641 [Pan: Aaaay3019Q] Vs. The Income Tax Officer .......... Respondent Ward - 2, Thiruvalla Appellant By: Shri Rajakannan, Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 17.01.2025 Date Of Pronouncement: 23.01.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 03.05.2024 For Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Appellant Is A Society Registered Under The Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955. It Is Also Duly Registered U/S. 12A Of The Income Tax Act, 1961 (The Act). The Appellant Filed The Return Of Income For Ay 2020-21 On 31.05.2021 Declaring Income Of Rs. 46,100/-. The Said Return Of Income Was Processed By The Cpc Vide Intimation Dated 30.11.2021 At A Total Income Of Rs. 25,48,381/- On The Ground That The Appellant Had Failed To File The 2 Young Women'S Christian Association Return Of Income Within The Due Date Prescribed U/S. 139(1) Of The Act & Also The Prescribed Audit Report In Form 10B.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 12ASection 139(1)

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2020-21 Young Women

Akash Jain, Kolkata vs. I.T.O., Ward - 32(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2248/KOL/2024[2017-2018]Status: DisposedITAT Kolkata23 Jan 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.2248/Kol/2024 Assessment Year: 2017-18 Akash Jain………………………………..……………………….....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aoipj6380C] Vs. Ito, Ward-32(3), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Sanjay Paul, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 22, 2025 Date Of Pronouncing The Order : January 23, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.10.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Care Are That The Assessee Is An Individual & Did Not File Any Return Of Income U/S 139(1) Of The Act For The Assessment Year 2017-18. An Information Was Received That The Assessee Had Deposited An Amount Of Rs.89,50,000/- In His Bank Account During Demonetization Period. Thereafter, The Case Of Assessee Was Reopened U/S 147 Of The Act By Issuing Notice U/S 148 Of The Act Requesting Thereon To File Return. In Response To Notice U/S 148 Of The Act, The Assessee Submitted Return Declaring Total Income Of Rs.2,37,850/-. Subsequently, Notices U/S 143(2) & 142(1) Of The Act

Section 139(1)Section 143(2)Section 144Section 147Section 148Section 249(2)Section 250Section 250(6)Section 69A

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Rajesh

Mustak Rajjak Kapade, Ratnagiri vs. Income-Tax Officer, Ward-1, Ratnagiri

In the result, appeal of the assessee is allowed

ITA 889/PUN/2024[2012-13]Status: DisposedITAT Pune22 Jan 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.889/Pun/2024 िनधा"रण वष" / Assessment Year: 2012-13 Mustak Rajjak Kapade, V The Income Tax Officer, C/O.Bipin Shaha, 1756, Jutica, S Ward-1,Ratnagiri. Teli Ali, Ratnagiri – 415612. Pan: Bpzpk7653G Appellant/ Assessee Respondent / Revenue Assessee By Shri Anup Bipin Shaha – Ar Shri Akhilesh Srivastava –Addl.Cit(Dr) Revenue By Date Of Hearing 06/01/2025 Date Of Pronouncement 22/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income-Tax Act, 1961 For Assessment Year 2012-13; Dated 27.02.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld.Cit(A) Has Erred In Law & Failed To Appreciate The Facts & Circumstances Of The Case By Confirming The Addition Of Rs.4,00,000/- Pertaining To Cash Deposits In The Month Of October, 2011 & Such Addition Made By Ld.Ao Is Merely On Basis Of Guess Work & Surmise. The Ld.Cit(A) & The Ld.Ao Erred In Appreciating The Explanation Furnished By The Assessee In Respect Of Such Cash Deposit & Made An Addition Which Is Against The Provisions & Spirit Of The Act. The Said Addition Be Deleted & The Assessee Be Granted Just & Proper Relief In This Respect.

Section 139(1)Section 148Section 250Section 69A

have heard both the parties and perused the records. Admittedly, assessee had not filed Return of Income for the A.Y.2012-13 under section 139(1) of the Act. Assessee filed Return of Income only after issue of notice under section 148 of the Act. In the return of income, assessee declared