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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)

Singularity Labs Private Limited, Gandhinagar vs. The ITO, Ward-4(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 423/AHD/2025[2019-20]Status: DisposedITAT Ahmedabad14 Aug 2025AY 2019-20

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2019-2020 Singularity Labs Private Limited Ito, Ward-4(1)(1) A Wing, Unit No.105 Vs. Ahmedabad- 380 Building No.1-A, Aqualine Properties 015. Pvt.Ltd. It/Ites Sez, Koba Gandhinagar – 382 421 Pan : Aaycs 8711 R (Applicant) (Responent) : Shri Hardik Vora, Ar Assessee By : Shri Atul Pandey, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 13/08/2025 घोषणा क" तारीख /Date Of Pronouncement: 14/08/2025 आदेश/O R D E R Per Makarand V.Mahadeokar, Am:

For Appellant: Shri Atul Pandey, Sr.DR
Section 10ASection 115JSection 143(1)Section 143(1)(a)

section 10B(8), that the twin requirements of (i) furnishing the prescribed declaration/report, and (ii) furnishing it before the due date under section 139(1), are mandatory and have to be cumulatively satisfied, failing which the benefit cannot be allowed. 8.1. The learned DR further submitted that, without prejudice ... that the requirements of furnishing the prescribed declaration and doing so before the due date of filing the return under section 139(1) are mandatory. However, as rightly pointed out in Croygas Equipments (supra), the said decision was rendered on materially different facts, in that case, the assessee had claimed

Saumitra Kumar, Lucknow, Uttar Pradesh vs. DCIT Circle 12, Pune, Maharashtra

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

ITA 1520/PUN/2025[2021-22]Status: DisposedITAT Pune14 Aug 2025AY 2021-22

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1520/Pun/2025 िनधा"रण वष" / Assessment Year : 2021-22 Saumitra Kumar, Vs. Dcit, Circle-12, Pune. Hig 111, Sector E, Aliganj, Lucknow- 226024. Pan : Bcmpk7370J Appellant Respondent Assessee By : Shri Naman Maloo (Virtual) Revenue By : Shri Amit Bobde Date Of Hearing : 23.07.2025 Date Of Pronouncement 14.08.2025 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.04.2025 Passed By Ld. Addl./Jcit(A), Indore [‘Ld. Cit(A)’] For The Assessment Year 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. In The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In, Confirming The Action Of Ld. Ao(Cpc) In Disallowing The Credit Of Taxes Paid Outside India While Processing The Return Of Income (Foreign Tax Credit, "Ftc") Under Section 143(1) Of The Income Tax Act, 1961. Such Rejection Is Beyond The Purview Of Section 143(1). The Action Of The Ld. Cit(A) Is Illegal & Arbitrary & Against The Facts Of The Case. Relief May Please

For Appellant: Shri Naman Maloo (Virtual)For Respondent: Shri Amit Bobde
Section 139Section 139(1)Section 143(1)Section 90Section 91

Form No.67 was not filed within the due date for filing of the return of income as specified under the provisions of section 139(1) of the Income Tax Act, 1961 (‘the Act’). Admittedly, in the present case, Form No.67 was not filed within the due date for filing ... return of income under the provisions of section 139(1), but Form No.67 was filed on 23.03.2020. The CPC, Bangalore had processed the return of income as on 18.02.2021, which means that Form No.67 was very much available with the CPC, Bangalore. Therefore, the CPC, Bangalore cannot deny the claim

Suresh Nag Yadav, Ranchi vs. ACIT, Central Circle - 1, Ranchi

In the result, ITA No. 08/RAN/2024 is allowed for statistical purposes

ITA 8/RAN/2024[2013-14]Status: DisposedITAT Ranchi13 Aug 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. Nos.08 To 12/Ran/2024 Assessment Year: 2013-14 To 2016-17 Suresh Nag Yadav……………......................…...........................……….……Appellant Yadav Bhawan, Karatoli, Jharkhand - 834008. [Pan: Aafpy5311D] Vs. Acit, Central Circle-1, Ranchi..…..….…..….........……........……...…..…..Respondent Appearances By: Shri V. K. Jalan, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 07, 2025 Date Of Pronouncing The Order : August 13, 2025 Order Per Sonjoy Sarma: These Five Appeals Filed By The Assessee Are Directed Against The Common Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), Dated 28.11.2023 For The Assessment Years 2013-14 To 2016-17 Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures & Assessment Years, All The Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We Proceed To Deal With Ita No. 08/Ran/2024 For A.Y. 2013-14 & Our Findings Therein Shall Apply Mutatis Mutandis To The Other Appeals. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Under Section 139(1) Of The Income-Tax Act, 1961 Declaring A Total Income Of Rs.37,56,390. A Search & Seizure Operation Under Section 132 Of The Act Was Conducted On 29.11.2018 At The Business & Residential Premises Of The Assessee. In Consequence Thereof, A Notice Under Section 153A Of The Act Was Issued. In Response, The Assessee Filed Its Return Of Income On 21.05.2020 Declaring Total Income Of Rs.38,56,390/-, Including Additional Income Of Rs.1,00,000 Disclosed

Section 132Section 139(1)Section 153ASection 271(1)(c)

apply mutatis mutandis to the other appeals. 2. Brief Facts of the case are that the assessee filed its return of income under section 139(1) of the Income-tax Act, 1961 declaring a total income of Rs.37,56,390. A search and seizure operation under section

Suresh Nag Yadav, Ranchi vs. ACIT, Central Circle-1, Ranchi

In the result, ITA No. 08/RAN/2024 is allowed for statistical purposes

ITA 12/RAN/2024[2016-17]Status: DisposedITAT Ranchi13 Aug 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. Nos.08 To 12/Ran/2024 Assessment Year: 2013-14 To 2016-17 Suresh Nag Yadav……………......................…...........................……….……Appellant Yadav Bhawan, Karatoli, Jharkhand - 834008. [Pan: Aafpy5311D] Vs. Acit, Central Circle-1, Ranchi..…..….…..….........……........……...…..…..Respondent Appearances By: Shri V. K. Jalan, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 07, 2025 Date Of Pronouncing The Order : August 13, 2025 Order Per Sonjoy Sarma: These Five Appeals Filed By The Assessee Are Directed Against The Common Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), Dated 28.11.2023 For The Assessment Years 2013-14 To 2016-17 Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures & Assessment Years, All The Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We Proceed To Deal With Ita No. 08/Ran/2024 For A.Y. 2013-14 & Our Findings Therein Shall Apply Mutatis Mutandis To The Other Appeals. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Under Section 139(1) Of The Income-Tax Act, 1961 Declaring A Total Income Of Rs.37,56,390. A Search & Seizure Operation Under Section 132 Of The Act Was Conducted On 29.11.2018 At The Business & Residential Premises Of The Assessee. In Consequence Thereof, A Notice Under Section 153A Of The Act Was Issued. In Response, The Assessee Filed Its Return Of Income On 21.05.2020 Declaring Total Income Of Rs.38,56,390/-, Including Additional Income Of Rs.1,00,000 Disclosed

Section 132Section 139(1)Section 153ASection 271(1)(c)

apply mutatis mutandis to the other appeals. 2. Brief Facts of the case are that the assessee filed its return of income under section 139(1) of the Income-tax Act, 1961 declaring a total income of Rs.37,56,390. A search and seizure operation under section