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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)

Arnab Kumar Goswami, Kolkata vs. I.T.O., Ward - 62(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1710/KOL/2024[2017-2018]Status: DisposedITAT Kolkata01 Jan 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1710/Kol/2024 Assessment Year: 2017-18 Arnab Kumar Goswami……….. ……..…..…………………....Appellant Flat – 1C, Subham Apartment, Narayantala East, Baguiati, Kolkata – 700059. [Pan: Ahbpg0395G] Vs. Ito, Ward-62(1), Kolkata…. ….…….…............................…..…..... Respondent Appearances By: Shri Dilip Sahu, Ar, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Drs, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : January 01, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2024 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. The Assessee Is An Individual & Filed His Return Of Income U/S 139(1) Of The Act By Declaring Total Income Of Rs.3,52,310/- During The Relevant Assessment Year. The Assessee Purchased An Immovable Property At Rajarhat At Sale Consideration Of Rs.25,00,000/-. However, The Stamp Duty Value Of The Property As Per Deed Of Conveyance Dated 05.09.2016 Was Rs.35,36,655/-. The Difference Of Rs.10,36,655/- Was Splitted Between The Assessee & His Spouse Amounting To Rs.5,18,327/-. Accordingly, The Assessing Officer Invoked Section 56(2)(Vii) Of The Act & Added Rs.5,18,327/- To The Total Income Of The Assessee As ‘Income From Other Sources’ While Framing Assessment. The

Section 139(1)Section 148Section 149(1)Section 149(1)(b)Section 151Section 151(1)Section 250Section 56(2)(vii)

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

Thuthikulam Pacb Ltd., Namakkal vs. ITO, Ward-2, Namakkal

ITA 2544/CHNY/2024[2017-18]Status: DisposedITAT Chennai31 Dec 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2544/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Thuthikulam Pacb Limited, Vs. Income Tax Officer, Thuthikulam, Namakkal 637 409, Ward 2, Tamil Nadu. Namakkal. [Pan: Aadft2362D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri A. Tamilamudhan, Ca ""थ" की ओर से/Respondent By : Shri R. Raghupathy, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 17.12.2024 घोषणा की तारीख /Date Of Pronouncement : 31.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2024 Passed By The Addl/Jcit (A)-1, Noida For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 156 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The Condonation Petition & Upon Hearing Both The Parties, We Find That The 2

For Appellant: Shri A. Tamilamudhan, CAFor Respondent: Shri R. Raghupathy, Addl. CIT
Section 139(1)Section 144Section 69ASection 80(1)

into Salem CCB Bank Ltd. Sendamangalam Branch during demonetization period and no return of income filed within the time allowed under section 139(1) of the Income Tax Act, 1961 [“Act” in short]. The Assessing Officer issued pre- assessment notice dated 21.09.2019 requesting the assessee to furnish various details