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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)

C-2016 Itchiputhur Paccs, Vellore vs. ITO, Ward-1, Vellore

In the result, the appeal filed by the assessee is allowed

ITA 2191/CHNY/2025[2019-20]Status: DisposedITAT Chennai17 Dec 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Ms. S. Padmavathyआयकर अपील सं./I.T.A. No.2191/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 C-2016 Itchiputhur Primary Agricultural Vs. The Income Tax Officer, Coop. Credit Society, 12Th Road, Ward 1, Itchiputhur Village, Arakkonam Tk, Vellore. Vellore 631 003. [Pan: Aabac1870C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Ms. Babitha, Jcit सुनवाई की तारीख/ Date Of Hearing : 11.12.2025 घोषणा की तारीख /Date Of Pronouncement : 17.12.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.05.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2019-20. 2. We Find That This Appeal Is Filed With A Delay Of 5 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, In 2

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms. Babitha, JCIT
Section 139(1)Section 142(1)Section 147Section 148Section 148ASection 80P(2)(a)

banking/credit facilities to its members. Since the assessee has not filed original ITR under section 139(1) of the Act, which was filed the same for the first time in response to the notice under section 148 of the Act, the Assessing Officer disallowed the claim of deduction under section

Priti Pravin Kapadia, Mumbai vs. Income Tax Officer 28(2)(4), Mumbai

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

ITA 8460/MUM/2025[2011-12]Status: DisposedITAT Mumbai17 Dec 2025AY 2011-12

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2011-12 Priti Pravin Kapadia, Income Tax Officer, D/3/703, Moraj Residency, Ward-28(2)(4), Palm Beach Road, Vs. Tower No.6, Sector-16A, Vashi Railway Station, Sanpada East, Commercial Complex, New Mumbai–400705. Vashi, [Pan: Atbpk1174B] Navi Mumbai. (Appellant) (Respondent) For Assessee : Shri Kartik Kutmutia For Revenue : Shri Sunil Mathews, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 28-10-2025, Pertaining To Assessment Year (Ay) 2011-12. 2. Briefly The Facts Of The Case Are That The Assessee Did Not File Any Return Of Income Originally U/S. 139(1) Of The Income Tax Act, 1961 („The Act‟). Subsequently, Basis The Receipt Of Information That The Assessee Has Placed Time Deposit Of Rs. 19 Lakhs With Hdfc Bank, A Notice U/S. 148 Of 2 The Act Was Issued. In Response To The Said Notice, No Return Of Income Was Filed & Thereafter, After Issuance Of Notice U/S. 142(1) Of The Act & A Show Cause Notice Which Again Remain Non-Complied, The Assessment Was Completed U/S. 144 R.W.S. 147 Of The Act, Wherein The Ao Brought To Tax A Sum Of Rs. 19 Lakhs As Un-Explained Money U/S. 69B Of The Act.

For Appellant: Shri Kartik KutmutiaFor Respondent: Shri Sunil Mathews, Sr.DR
Section 139(1)Section 142(1)Section 144Section 148Section 69B

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “SMC” BENCH: MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI RAHUL

Income Tax Officer/Ward-19(2)(2), Mumbai vs. Kruti Sandeep Shah, Mumbai

In the result, the appeal of the Revenue is disposed off in light of aforesaid directions

ITA 1968/MUM/2025[2009-10]Status: DisposedITAT Mumbai17 Dec 2025AY 2009-10

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2009-10 Income Tax Officer, Kruti Sandeep Shah, Ward-19(2)(2), 117, Navyug Nagar Forjet Hill 503, 5Th Floor, Vs. Road, Piramal Chambers, Mumbai-400007. Parel, [Pan: Aapps4121F] Mumbai-400012. (Appellant) (Respondent) For Assessee : Shri Sandeep Shah For Revenue : Shri Kiran K. Chhatrapati, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 23-01-2025, Pertaining To Assessment Year (Ay) 2009-10. 2. Briefly The Facts Of The Case Are That The Assessee Filed Her Return Of Income U/S. 139(1) Of The Income Tax Act, 1961 („The Act‟) On 26-09-2009, Declaring Total Income Of Rs. 4,04,880/-. The Return Was Processed U/S. 143(1) Of The Act. Subsequently, The Ao Was In Receipt Of Information From The Investigation Wing That The Assessee Has Obtained Accommodation

For Appellant: Shri Sandeep ShahFor Respondent: Shri Kiran K. Chhatrapati, Sr.DR
Section 139(1)Section 142(1)Section 143(1)Section 144Section 145(3)Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “SMC” BENCH: MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI RAHUL

Shri Vardhaman Nagri Sahakari Patsanstha Ltd., Pachora vs. ITO Ward 1(4), Jalgaon

ITA 2452/PUN/2025[2016-17]Status: DisposedITAT Pune16 Dec 2025AY 2016-17

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2452/Pun/2025 निर्धारण वषा / Assessment Year: 2016-17 Shri Vardhaman Nagari V The Income Tax Officer, Sahakari Patsanstha Ltd., S Ward-1(4), Jalgaon. 1061, Shivaji Chowk, Bhadgaon Road, Pachora, Maharashtra – 424201. Pan: Aacas3361F Appellant/ Assessee Respondent / Revenue Assessee By Shri Vinay Kawdia – (Through Virtual) Revenue By Shri Sandeep Sathe – Dr Date Of Hearing 08/12/2025 Date Of Pronouncement 16/12/2025 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(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2016-17 Dated 22.10.2025 Emanating From The Assessment Order Passed Under Section 147 R.W.S 144B Of The Act, Dated 14.03.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1) On The Facts & In The Circumstances Of The Case & In Law, Assessment Made In Respect Of An Issue That Was Not Disclosed In Notice Issued U/S 148A(B) Is Bad In Law & Liable To Be Quashed.

Section 139(1)Section 147Section 148Section 148ASection 151ASection 250Section 80P

आयकर अपीलीय अधिकरण ”एस एम सी” न्यायपीठ पुणेमें। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC” :: PUNE BEFORE DR.DIPAK