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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)

Govardhan Naidu Gummalla, Hyderabad vs. ACIT, Central Circle-2(2), Hyderabad

In the result, appeal filed by the assessee for the A

ITA 169/HYD/2023[2018-19]Status: DisposedITAT Hyderabad26 Sept 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon'Ble Vice- & Shri Manjunatha, G. Accountant Hon'Bleआ.अपी.सं /Ita Nos.169 & 170/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19 & 2019-20) Shri Govardhan Naidu Vs. Asstt. C. I. T. Gummalla, Central Circle 2(2) Hyderabad Hyderabad Pan:Actpg9082B (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 26/09/2024 घोषणा की तारीख/Pronouncement: 26/09/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Of The Learned Cit (A)-12 Hyderabad Dated 09/02/2023 & Pertains To A.Ys 2018-19 & 2019-20 Respectively. Since Facts Are Identical & Common Issues Are Involved In These Two Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Off By This Common Order.

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Srinath Sadanala, DR
Section 10Section 132Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 153A

ITA Nos 169 and 170 of 2023 Govardhan Naidu Gummala आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME

Abid Ali Khan Educational Trust, Hyderabad vs. DCIT., Exemption Circle-1(1), Hyderabad

In the result, appeal of the assessee is allowed

ITA 457/HYD/2024[2017-18]Status: DisposedITAT Hyderabad25 Sept 2024AY 2017-18

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.457/Hyd/2024 (धििाारण वर्ा / Assessment Year: 2017-18) Abid Ali Khan Educational Dcit Trust Vs. Exemption Hyderabad Circle-1(1) [Pan : Aaata4256G] Hyderabad अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा/Assessee By: Mohd Shoeb, Ar राजस्‍व द्वारा/Revenue By: Shri Srinath Sadanala, Dr सुिवाई की तारीख/Date Of Hearing: 20/08/2024 घोर्णा की तारीख/Pronouncement On: 25/09/2024

For Appellant: Mohd Shoeb, ARFor Respondent: Shri Srinath Sadanala, DR
Section 11Section 11(2)Section 119(2)Section 12A(1)(b)Section 139(1)Section 143(1)Section 154

assessee whose accounts are required to be audited is the date one month before the due date for furnishing the return under section 139(1) of the Act as per the provisions of section 12A(1)(b) of the Act read with proviso of Rule 12(2) of the Income ... requirement of filing Form 10/10B is merely directory in nature and failure to furnish the same before the due date prescribed in section 139(1) of the Act cannot be so fatal as to deny the claim of exemption under section 11 of the Act, especially when such Form

Premier Irrigation Adritee Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 11(1), Kolkata

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

ITA 1521/KOL/2024[2020-2021]Status: DisposedITAT Kolkata25 Sept 2024AY 2020-2021

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1521/Kol/2024 Assessment Year: 2020-21 Premier Irrigation Adritee Pvt. Ltd. ....…………….......…....………....Appellant 17/1C, Alipore Road, Niharika, Kolkata-700027. [Pan: Aafcm4800Q] Vs. Dcit, Circle-11(1), Kolkata......................................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 25, 2024 Date Of Pronouncing The Order : September 25, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 09.01.2024 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 In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Impugned Order Passed By Ld. Commissioner Of Income Tax (Appeals), Nfac Summarily Dismissing The Appeal Of The Appellant Assessee Company For Alleged Non-Compliance Of The Notices Is Against Law & Facts Of The Case Since He Did Not Adjudicate Each Of The Grounds Of Appeal The Facts For Which Were Available To Him In The Assessment Order Passed By Ld. Assessing Officer & The Statement Of Facts Filed By The Appellant Assessee. 2. That The Impugned Order Passed By Ld. Commissioner Of Income Tax (Appeals) On 9H January 2024 Dismissing The Appeal Of The Appellant

Section 139(1)Section 234ASection 234BSection 234CSection 250Section 36(1)(va)Section 43BSection 44A

Income Tax Act, 1961, although admittedly such amount as deposited within the due date of furnishing the return of income prescribed under section 139(1) of the Act and as reported in the Tax Audit report under section 44AB of the Act. 7. That the Ld. CIT(A), NFAC erred ... Assessing Officer in not giving full credit of TDS as claimed by the Appellant Company in the return of income filed under section 139(1) of the Act and reflected in the 26AS of the Appellant Company. 8. That the Ld. CITA), NFAC erred in confirming the action