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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)

Naveen Singh, Jamshedpur vs. Deputy Commissioner of Income Tax, Circle - 1, Jamshedpur

In the result, the appeal of the assessee is allowed

ITA 413/RAN/2024[2017-18]Status: DisposedITAT Ranchi06 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.413/Ran/2024 Assessment Year: 2017-18 Naveen Singh………...…………….…….…............................……….……Appellant M-9 Old, Adityapur Jamshedpur, Jharkhand- 831013. [Pan: Adkps4229A] Vs. Dcit, Circle-1, Jamshedpur.….....…..…..….........……........……...…..…..Respondent Appearances By: Shri P. S. Paul, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2025 Date Of Pronouncing The Order : January 06, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Cit(A)”) Dated 12.09.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For Assessment Year 2017–18 Declaring A Total Income Of ₹43,99,340/- Under Section 139(1) Of The Act. The Return Was Processed Under Section 143(1) Accepting The Income As Declared. Subsequently, The Ao Issued A Notice Under Section 148 Of The Act After Recording Reasons & Obtaining Sanction From The Competent Authority. The Assessee Did Not Respond To The Notice Under Section 148. Thereafter, Multiple Notices Under Section 142(1) Were Issued, Including Final Opportunity Notices, Which Were Duly Served But Remained Unanswered.

Section 139(1)Section 142(1)Section 143(1)Section 144Section 147Section 148Section 250Section 56(2)(x)

that the assessee filed its return of income for Assessment Year 2017–18 declaring a total income of ₹43,99,340/- under section 139(1) of the Act. The return was processed under section 143(1) accepting the income as declared. Subsequently, the AO issued a notice under section

Rcs Associates Charitable Trust, Shimla vs. Income Tax Officer Exemption, Solan

The appeal stand allowed for statistical purposes

ITA 769/CHANDI/2025[2024-25]Status: DisposedITAT Chandigarh06 Jan 2026AY 2024-25

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं. / Ita No.759/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2023-24) & 2. आयकरअपीलसं. / Ita No.769/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2024-25) Rcs Associates Charitable Trust Ito Exemption 74/1, Lower Bazar, Shimla Income Tax Office बनाम/ Vs. Himachal Pradesh - 171001 New Bypass Road, Kathed, Solan (Hp) - 173208 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aabtr-8127-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Vishal Mohan (Sr. Advocate) A/W Sh. Praveen Sharma (Advocate) – Ld. Ars (Virtual Mode) ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 23-12-2025 घोषणाकीतारीख /Date Of Pronouncement 06-01-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Assessee Is In Further Appeal Before Us For Assessment Years (Ay) 2023-24 & 2024-25. First, We Take Up Appeal For Ay 2023-24 Which Arises Out Of An Order Ld. Addl. Cit / Joint Cit (Appeals)-9, Mumbai [Cit(A)] Dated 26-03-2025 In The Matter Of An Intimation Issued

For Appellant: Sh. Vishal Mohan (Sr. Advocate) a/w Sh. PraveenFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 11Section 139(1)Section 143(1)Section 143(1)(a)

1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH HYBRID HEARING BEFORE HON’BLE SHRI LALIET KUMAR, JM AND

Rcs Associates Charitable Trust, Shimla vs. Income Tax Officer (Exemption), Solan

The appeal stand allowed for statistical purposes

ITA 759/CHANDI/2025[2023-24]Status: DisposedITAT Chandigarh06 Jan 2026AY 2023-24

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं. / Ita No.759/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2023-24) & 2. आयकरअपीलसं. / Ita No.769/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2024-25) Rcs Associates Charitable Trust Ito Exemption 74/1, Lower Bazar, Shimla Income Tax Office बनाम/ Vs. Himachal Pradesh - 171001 New Bypass Road, Kathed, Solan (Hp) - 173208 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aabtr-8127-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Vishal Mohan (Sr. Advocate) A/W Sh. Praveen Sharma (Advocate) – Ld. Ars (Virtual Mode) ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 23-12-2025 घोषणाकीतारीख /Date Of Pronouncement 06-01-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Assessee Is In Further Appeal Before Us For Assessment Years (Ay) 2023-24 & 2024-25. First, We Take Up Appeal For Ay 2023-24 Which Arises Out Of An Order Ld. Addl. Cit / Joint Cit (Appeals)-9, Mumbai [Cit(A)] Dated 26-03-2025 In The Matter Of An Intimation Issued

For Appellant: Sh. Vishal Mohan (Sr. Advocate) a/w Sh. PraveenFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 11Section 139(1)Section 143(1)Section 143(1)(a)

1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH HYBRID HEARING BEFORE HON’BLE SHRI LALIET KUMAR, JM AND

Shah Petroleum Products, Chembur vs. ACIT, Circle 27(3), Mumbai, Vashi

In the result, appeal filed by the Assessee stands allowed

ITA 4905/MUM/2025[2012-13]Status: DisposedITAT Mumbai06 Jan 2026AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2012-13 Shah Petroleum Products, Acit, Circle 27(3), Bpcl Petrol Pump, Opp. Room No. 423, 4Th Floor, Shoppers Stop, Ghatkopar Vs. Tower No. 6, Vashi Railway Mahul Road, Chembur, Mumbai, Station Commercial Mumbai – 400089. Complex, Vashi, Pan – Aabfs2738Q Navi Mumbai – 400703. (Appellant) (Respondent) Present For: Assessee By : Shri Subodh Ratnaparkhi, Ld. A.R. Revenue By : Ms. Kavitha Kaushik, Sr. D.R. Date Of Hearing : 06.11.2025 Date Of Pronouncement : 06.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.06.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, The Ao Had Received The Information Dated 19.03.2019 From The Ddit (Inv.) Unit – 5(4), Mumbai To The Effect That In A Survey Action Under Section 132 Of The Act Carried Out In The Case Of M/S. Evergreen Enterprise, Statement Of Mr. Nilesh Bharani, Being Partner Of Such Enterprises Recorded Under Section 132 (4) Of The Act, Wherefrom Undisclosed Activity Of Money 2 Shah Petroleum Products

For Appellant: Shri Subodh Ratnaparkhi, Ld. A.RFor Respondent: Ms. Kavitha Kaushik, SR. D.R
Section 132Section 147Section 148Section 250

ladies dress and fabrics, had shown its total income at Rs.5,05,980/- by filing its return of income on dated 28/09/2012 under section 139(1) of the Act, which was processed under section 143(1) of the Act on 15/04/2013. 3. Subsequently, on the information received from the DDIT