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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)

Urban Wholesale Market Authority, Kozhikode vs. Income Tax Officer, Ward 1(3), Kozhikode

In the result, the appeal filed by the assessee stands dismissed

ITA 737/COCH/2025[2008-09]Status: DisposedITAT Cochin19 Nov 2025AY 2008-09

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2008-09 Urban Wholesale Market Authority .......... Appellant Vengeri, Kozhikode 673010 [Pan: Aaalu0257D] Vs. The Income Tax Officer, Wsd-1(3), Kozhikode .......... Respondent Assessee By: Shri Somy Cherian Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 04.11.2025 Date Of Pronouncement: 19.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-7, Kolkatta [Cit(A)] Dated 12.08.2025 For Assessment Year (Ay) 2008-09. 2. Brief Facts Of The Case Are That The Appellant Is A Market Committee Constituted As Per Go(Ms) No. 117/99Ad Dated 17.04.1999 By The Government Of Kerala. It Is Formed With The Object Of Facilitating Marketing Of Agricultural Produce. The Appellant Had Not Filed Return Of Income For Ay 2008-09 Under The Provisions Of Section 139(1) Of The Income Tax Act, 1961 (The Act). The Case Was Reopened By Issue Of Notice U/S. 148 On 28.03.2015. In 2 Urban Wholesale Market Authority Response To The Notice U/S. 148, The Appellant Filed Return Of Income On 22.04.2015 Disclosing Nil Income After Claiming Exemption U/S. 10(26Aab) Of The Act. However, The Income Tax Officer, Ward 1(4), Kozhikode (Hereinafter Called "The Ao") Had Disallowed Exemption On The Ground That The Appellant Is Not A Legal Entity Under The Provisions Of Any Act Passed By The State Legislative Assembly. Further, Provisions Of Section 10(26Aab) Are Applicable Only From Ay 2009-10. 3. Being Aggrieved, An Appeal Was Filed Before The Cit(A), Who Vide The Impugned Order Confirmed The Action Of The Ao.

For Appellant: Shri Somy CherianFor Respondent: Smt. Leena Lal, Sr. D.R
Section 10Section 139(1)Section 148

object of facilitating marketing of agricultural produce. The appellant had not filed return of income for AY 2008-09 under the provisions of section 139(1) of the Income Tax Act, 1961 (the Act). The case was reopened by issue of notice u/s. 148 on 28.03.2015. In 2 Urban Wholesale

The Thimiri Service Co-Operative Bank Ltd, Kasaragod vs. ITO Ward, Kasaragod

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

ITA 731/COCH/2025[2009-10]Status: DisposedITAT Cochin19 Nov 2025AY 2009-10

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2009-10 The Thimiri Service Co-Op. Bank Ltd. .......... Appellant Nhanumaki, Chervathur, Kasaragod 671313 [Pan: Aabat0462H] Vs. The Income Tax Officer, Wd-2, Kasaragod .......... Respondent Assessee By: ------- None ------- Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 04.11.2025 Date Of Pronouncement: 19.11.2025 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 20.08.2025 For Assessment Year (Ay) 2009-10. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Engaged In The Business Of Accepting Deposits From Members & Providing Credit Facilities To Members. The Appellant Had Not Filed Regular Return Of Income Under The Provisions Of Section 139(1) Of The Income Tax Act, 1961 (The Act). A Notice U/S. 148 Of The Act Was Issued To The Assessee On 30.10.2015. In Response

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 143(3)Section 148Section 80PSection 80P(2)(a)

accepting deposits from members and providing credit facilities to members. The appellant had not filed regular return of income under the provisions of section 139(1) of the Income Tax Act, 1961 (the Act). a notice u/s. 148 of the Act was issued to the assessee on 30.10.2015. In response

Riddhi Siddhi Mahila Nagari Co-Op Credit Society Ltd, Karad vs. CIT (Appeals), Delhi

ITA 2216/PUN/2025[2019-20]Status: DisposedITAT Pune19 Nov 2025AY 2019-20

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2216/Pun/2025 िनधा"रण वष" / Assessment Year : 2019-20 Riddhi Siddhi Mahila Nagari Vs. Assessment Unit, Co-Op. Credit Society Ltd., Income Tax Department. Palkar House, 157, Guruwar Peth, Shri Vitthal Chouk, Karad- 415110. Pan : Aacar0958D Appellant Respondent Assessee By : Shri Vijaykumar N. Kashirsagar Revenue By : Shri Vinod Pawar (Virtual) Date Of Hearing : 28.10.2025 Date Of Pronouncement : 19.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.08.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Primary Credit Co-Operative Society Engaged In The Business Of Providing Credit Facilities To Its Members & Also In Accepting Deposits From Them. On The Basis Of Information That The Assessee Has Made One Time Deposit Of Rs.5,95,522/- & Tds Of More Than Rs.7,72,686/-

For Appellant: Shri Vijaykumar N. KashirsagarFor Respondent: Shri Vinod Pawar (Virtual)
Section 139(1)Section 142(1)Section 147Section 148Section 194ASection 80ASection 80P(2)(c)Section 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE