Section 119 of the Income Tax Act

Income-tax Act, 2025: s.239

Section 119 of the Income-tax Act, 1961 corresponds to section 239 (Instructions to subordinate authorities) of the Income-tax Act, 2025.

Read section 239 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 119 is PCIT v. Shiv Kumar Nayyar (163 Taxmann.com 9), cited in 597 of the 707 judgments on BharatTax that turn on this section.

Leading authorities on Section 119

PCIT v. Shiv Kumar Nayyar
163 Taxmann.com 9 · 2024 · High Court
597
citing judgments

Approval under Section 153D for search assessments is invalid if granted mechanically, hastily, or without due application of mind, such as on the same day as the proposal or in a bunched manner. Such an invalid approval renders the consequential assessment order under Section 153A void ab initio.

PCIT v. Sapna Gupta
147 Taxmann.com 288 · 2023 · High Court
591
citing judgments

Approval under Section 153D for search assessments is not a mere formality; it requires the approving authority to apply its mind judiciously to the subject matter and ensure satisfaction of legal and procedural requirements for each assessment year.

ACIT v. Serajuddin & Co.
454 ITR 312 · 2023 · High Court
580
citing judgments

Approval under Section 153D of the Income Tax Act is mandatory for assessment orders in search cases. While elaborate reasons for approval are not required, the approving authority must provide some indication that it has examined the draft orders and found them to meet the requirements of law.

Commissioner of Customs v. Indian Oil Corporation Ltd.
267 ITR 272 · 2004 · Supreme Court
501
citing judgments

CBDT and CBEC circulars, along with administrative instructions, are binding on departmental authorities, who must not act in contravention of them. However, these circulars and instructions are not binding on courts or assessees.

ACIT v. Serajuddin & Co.
163 Taxmann.com 118 · 2024 · Supreme Court
500
citing judgments

Strict adherence to approval protocols under Section 153D, including those in the Departmental Manual of Office Procedure, is essential for search assessments. An assessment is invalid if the approving authority fails to apply its mind or consider all relevant seized material before granting approval.

Gajanan Constructions v. DCIT
74 Taxmann.com 6 · 2016 · ITAT
465
citing judgments

Late fees under section 234E can only be levied prospectively from June 1, 2015. Levying late fees for periods prior to this date is not permissible.

ACIT v. Sirajuddin& Co.
150 Taxmann.com 146 · 2023 · High Court
288
citing judgments

Assessment orders are bad in law if they are passed without valid approval from the Additional Commissioner under Section 153D, or if such approval is granted mechanically without application of mind.

PCIT v. Anuj Bansal
165 Taxmann.com 2 · 2024 · High Court
181
citing judgments

An approval under Section 153D of the Income Tax Act, 1961, is considered mechanical and invalid if granted without application of mind and without perusing relevant assessment records, including seized material. This principle has been affirmed by multiple High Courts and the Supreme Court.

Sayaji Iron & Engg. Co. v. CIT
253 ITR 749 · 2002 · High Court
181
citing judgments

For a limited company, expenses cannot be disallowed merely on the grounds of presumed personal use of assets by directors or by treating the expenditure as a non-business purpose. Percentage disallowances of expenses in such cases are not sustainable.

CIT v. Ansal Landmark Township (P.) Ltd.
61 Taxmann.com 45 · 2015 · High Court
177
citing judgments

Disallowance under section 40(a)(ia) cannot be made when the assessee has deducted tax at a lesser rate, as opposed to no deduction. The second proviso to section 40(a)(ia) is applicable retrospectively, mitigating disallowance where tax is deposited by the recipient.

Judgments on Section 119

Mamata Devi Chopra, Prop- M.M.Trading Co., Cuttack vs. Pr.CIT-1, Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 82/CTK/2022[2017-18]Status: HeardITAT Cuttack09 Feb 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Mamata Devi Chopra, Prop. Mamata Devi Chopra, Prop. Vs. Pr. Cit-1, M.M.Trading Co. Town Hall M.M.Trading Co. Town Hall Bhubaneswar. Bhubaneswar. Road, Cuttack Road, Cuttack Pan/Gir No. Pan/Gir No.Aaopc 5213 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Pramod Kumar Jesty, Ar Pramod Kumar Jesty, Ar Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 9/02 2/2023 Date Of Pronouncement : 9/02 2/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit Passed U/S.263 Of Cit Passed U/S.263 Of The Act Dated 25.3.2022 25.3.2022 In Appeal No. Itba/Rev/F/Rev5/2021 Itba/Rev/F/Rev5/2021-22/1041530059(1) For The Assessment Year For The Assessment Year 2017- 18. 2. Shri Pramod Kumar Jesty, Ld Ar Appeared For The Assessee & Shri Shri Pramod Kumar Jesty, Ld Ar Appeared For The Assessee & Shri Shri Pramod Kumar Jesty, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri Pramod Kumar Jesty, ARFor Respondent: Shri M.K.Gautam
Section 142(1)Section 143(3)Section 263

New Era High School Committee, Satara vs. Assistant Commissioner of Income-Tax, Exemption Circle, Pune

The appeal of the appellant is ALLOWED in above terms

ITA 622/PUN/2022[2018-19]Status: DisposedITAT Pune30 Dec 2022AY 2018-19

Bench: Hon’Ble Shri S.S. Godara & Shri G. D. Padmahshaliआयकर अपीलसं. / Ita No. 622/Pun/2022 कर धििाारण वर्ा / Assessment Year :2018-19 New Era High School Committee Chesson Rd., Panchgani, Satara - 412805 Pan : Aaatn2455L . . . . . . . अपीलाथी / Appellant बिाम / V/S. Asstt. Commissioner Of Income Tax Exemption Circle-8, Pune. . . . . . . .प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Rohit Tapadiya Revenue By : Shri Suhas Kulkarni सुनवाई की तारीख / Date Of Conclusive Hearing : 28/12/2022 घोषणा की तारीख / Date Of Pronouncement : 30/12/2022 आदेश / Order Per G. D. Padmahshali, Am; By The Present Appeal, The Assessee Challenges The Order Of National Faceless Appeal Centre, Delhi [For Short “Nfac”] Dt. 13/06/2022 Passed U/S 250 Of The Income Tax Act, 1961 [For Short “The Act”] Confirming Order Of Rectification Passed U/S 154 Which Denied To Interfere With Computation Of Income Carried Out U/S 143(3) Passed By National E-Asstt. Centre [For Short “Neas”] For Assessment Year [For Short “Ay”] 2018-19. Itat-Pune Page 1 Of 7

For Appellant: Shri Rohit TapadiyaFor Respondent: Shri Suhas Kulkarni
Section 1Section 119Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 154Section 199Section 206CSection 234A

Rcc Institute of Technology, Kolkata vs. CIT(Exemptions), Kolkata

The appeal of the assessee stands allowed

ITA 108/KOL/2022[2016-17]Status: DisposedITAT Kolkata29 Nov 2022AY 2016-17

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.108/Kol/2022 Assessment Year: 2016-17 Rcc Institute Of Technology..…………………................................……Appellant C.I.T Cambus(Old), Cannel South Road, Beliaghata, Kolkata-700015. [Pan: Aaaar4012N] Vs. Cit(Exemption), Kolkata............…...................……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri G. Hukugha Sema, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 28, 2022 Date Of Pronouncing The Order : November 29, 2022 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.03.2021 Of The Commissioner Of Income Tax(Exemption), Kolkata [Hereinafter Referred To As The ‘Cit(Exemption’)] Exercising His Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Ld. Ar Of The Assessee Has Contested The Validity Of The Revision Order Passed By The Ld. Cit(Exemption) U/S 263 Of The Act Not Only On Merits But Also, Inter Alia, On The Ground That The Aforesaid Order Was Null & Void As No Document Identification Number (Din) Has Been Mentioned In The Body Of The Impugned Order Which Was In Violation Of Circular No.19 Of 2019 Of Cbdt. Since The Aforesaid Legal Issue Will Be Determinative Of The Very Validity Of The Impugned Revision Order Passed

Section 119Section 263

The Metturdam Tansi & Tamin Employees Co-Op Thrift Credit Society Limited, Salem vs. ITO, NFAC, Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 801/CHNY/2022[2018-2019]Status: DisposedITAT Chennai28 Oct 2022AY 2018-2019

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.801/Chny/2022 िनधा"रण वष"/Assessment Year: 2018-19 The Metturdam Tansi & Tamin Vs. The Deputy Commissioner Of Employees Co-Op. Thrift Credit Society Income Tax, Central Processing Limited, No. 17, Sagunthala Complex, Centre, Bengaluru. East Main Road, Mettur, Salem 636 401. [Pan:Aaras2644E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi, Dated 05.08.2022 Relevant To The Assessment Year 2018-19. 2. Facts Are, In Brief, That The Assessee Is Co-Operative Credit Society, Filed Its Return Of Income On 31.03.2019, Admittedly Not Under Section 139(1) Of The Income Tax Act, 1961 [“Act” In Short]. The Assessee Has 2

For Appellant: NoneFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 119Section 139(1)Section 80ASection 80P