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“Section 139(4)”

Section References (mined)Section 139Section 139(4)938 judgments

The decision most relied on for Section 139(4) is Union of India v. Azadi Bachao Andolan (263 ITR 706), cited in 691 judgments on BharatTax.

Leading authorities on Section 139(4)

Union of India v. Azadi Bachao Andolan
263 ITR 706 · 2003 · Supreme Court
691
citing judgments

A citizen is free to carry on business within the law, and mere tax planning without a motive to evade taxes through colorable devices is not frowned upon. The liability to taxation, for the purpose of tax treaty application, is a legal situation, not the fiscal fact of actual payment.

Co-operative Bank Ltd. v. CIT
384 ITR 490 · 2016 · High Court
631
citing judgments

Co-operative banks are not fundamentally different from co-operative societies, entitling them to claim deductions under Section 80P of the Income Tax Act, 1961, including for interest income treated as business income.

Commissioner of Sales Tax v. H.M. Esufali H.M. Abdulali
90 ITR 271 · 1973 · Supreme Court
232
citing judgments

The Supreme Court established principles for best judgment assessments, stating that some guesswork is inevitable but the assessment must be bona fide, rational, and free from bias or capriciousness. An appellate authority cannot substitute its judgment for that of the Assessing Officer unless the AO's assessment is shown to be biased, irrational, vindictive, or capricious, especially when the assessee fails to provide proper accounts or counter-evidence.

Smt. Tarulata Shyam v. CIT
108 ITR 345 · 1977 · Supreme Court
209
citing judgments

Taxing statutes must be interpreted strictly, assuming that the law-making authority does not commit a mistake or make an omission. There is no room for purposive interpretation under direct tax laws.

CIT v. Suresh Chandra Mittal
251 ITR 9 · 2001 · Supreme Court
179
citing judgments

A penalty under section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not automatically leviable merely because a higher income is declared, even after a search or in a voluntarily revised return. The initial burden to prove concealment or inaccurate particulars lies with the Revenue.

CIT v. Lancy Constructions
237 Taxmann 728 · 2016 · High Court
146
citing judgments

A High Court's decision that approves an ITAT's ruling, which was based on another case, is considered in later judicial pronouncements concerning assessment proceedings.

CIT v. Nagpur Hotel Owners Association
247 ITR 201 · 2001 · Supreme Court
112
citing judgments

While there is no statutory time limit for filing Form 10 to claim exemption for income accumulation under Section 11(2), it must be furnished before the completion of assessment proceedings for the Assessing Officer to grant the exemption.

Chicago Pneumatic India Ltd. v. DCIT
15 SOT 252 · 2007 · ITAT
111
citing judgments

The Assessing Officer must grant the correct deduction after due verification of claims made by the assessee, even if not perfectly articulated initially. This principle applies in assessment proceedings, including those involving specific deductions like those for export-oriented units under Section 10B.

Judgments citing Section 139(4)

Mafaji Umedaji Jat, Deesa vs. The Income Tax Officer, Ward-1, Palanpur

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

ITA 940/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad15 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.940/Ahd/2023 "नधा"रण वष" /Assessment Year : 2016-17 Mafaji Umedaji Jat The Income Tax Officer At Rampura बनाम/ Ward-1 Po Rampura, Tal.Deesa Palanpur 385 001 V/S. Banaskantha – 385 535 Dist. Banaskantha (Gujarat) "थायी लेखा सं./Pan: Akipj 4846 K (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri S.N. Divatia & Shri Samir Vora, Ars Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 11/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 29/09/2023 Passed By The Ld.Commissioner Of Income-Tax (Appeals)- National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)” In Short], Arising Out Of The Assessment Order Dated 24/03/2022 Passed By The Assessing Officer (Ao) Under Section 147 R.W.S.144 Read With Mafaji Umedaji Jat Vs. Ito Asst. Year : 2016-17

For Appellant: Shri S.N. Divatia &For Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 139(4)Section 142(1)Section 143(2)Section 144BSection 147Section 148Section 68

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ “सी“, अहमदाबाद

Sri. A. S. Srinath (HUF), Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivamogga

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

ITA 228/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeya.S. Srinath (Huf) The Income Tax Officer No. 1, Mallikarjuna Nilaya Ward 1 & Tps 1St Cross, Hosamane Jail Road Vs. No.75, 100 Feet Road Shivamogga 577201 Gopal Gowda Exten. Pan – Aamha9965J Shivamoga 577201 (Appellant) (Respondent) Assessee By: Shri Rajeev C. Nulvi, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 10.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Dated 09.01.2024 Vide Din & Order No. Itba/Nfac/250/2023-24/1059510032(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Of The Authorities Below Is Against The Facts Of The Case & Passed On Assuming The Facts Which Are Unrealistic. 2. On The Facts & Circumstances Of The Case & In The Provisions Of The Law, The Assessing Officer Erred In Estimating The Agricultural Expenditure At A Certain Percentage Of Agricultural Income Is Against The Fact, As The Increase In The Gross Receipts May Be For Various Reasons, Which Are Not Dependent On Agricultural Expenditure.

For Appellant: Shri Rajeev C. Nulvi, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 139(4)Section 143(3)Section 250

regularly by declaring agricultural income in the past. For AY 2017-18 the assessee HUF filed its return of income on 22.03.2019 under Section 139(4) of the Act by declaring interest income or Rs.53,660/- and agricultural income of Rs.53,22,638/-. Thereafter the case had been selected

Randheja Dudh Utpadak Sahakari Mandli Ltd., Gandhinagar vs. The ITO, Ward-3 Now Ward-1, Gandhinagar

The appeal of the assessee is allowed

ITA 649/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad27 Jun 2024AY 2017-18

Bench: Smt.Annapurna Guptaasstt. Year : 2017-18 Randheja Dudh Utpadak The Ito, Ward-3 Sahakari Mandli Ltd. Vs Now Ward-1 To-Randheja Gandhinagar. Tal: Gandhinagar Pin : 382 620 Pan : Aacar 5164 K (Applicant) (Responent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri Ketan Gajjar, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 04/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2024 आदेश/O R D E R आदेश आदेश आदेश The Present Appeal Has Been Filed By The Assessee Against Order Passed By The Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [In Short Referred To As Ld.Cit(A)] Under Section 250 Of The Income Tax Act, 1961 Dated 22.11.2021 Pertaining To Asst.Year 2017-18. 2. The Registry Has Notified That The Appeal Of The Assessee Is Barred By Limitation By 581 Days. In Order To Explain The Reasons For The Impugned Delay, The Ld.Counsel For The Assessee Submitted That The Cit(A)/Nfac Order Was Passed Against The Assessee On 22.11.2021. However, Due To Covid-19 Pandemic Limitation For Filing Appeal Before The Court Of Law Was Extended Till February, 2022. Therefore, After Expiry Of The Limitation For Filing Of The Appeal On Feb., 2022, The Assessee Was Required To File Appeal Within 60 Days Of The Same I.E. By April, 2022. But The Assessee Could File The Appeal On

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri Ketan Gajjar, Sr.DR
Section 250

ghee, kapas etc. No return of income was filed by the assessee either under section 139(1) or even belatedly in terms of section 139(4) of the Act. It was only subsequently through a letter dated 22.11.2019 that a return of income was filed claiming deduction under section ... ground referable to belated filing of return, that is to say, returns filed beyond the period stipulated under section 139(1) or section 139 (4), as the case may be, as well as section ITA No.649 /Ahd/2023 12 142 (1) or section 148, as the case may be. There