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

Hazelnut Constructions Pvt. Ltd., Mumbai vs. ITO, Ward-3(1)(4), Mumbai

The appeal of the assessee is allowed on jurisdictional issue

ITA 1730/MUM/2019[2015-16]Status: DisposedITAT Mumbai17 Jun 2020AY 2015-16

Bench: Sri Mahavir Singh, Vp & Sri Manjunatha G, Am आयकर अपील िं./ Ita No. 1730/Mum/2019 (ननर्ाारण वर्ा / Assessment Years 2015-16) Hazelnut Constructions Pvt. The Income Tax Officer Ltd. Ward 3(1)(4) बनाम/ 514, Dalamal Towers, 211, Fpj Mumbai Vs. Marg, Nariman Point, Mumbai (अपीलाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी लेखा िं./Pan No. Aabch6233N अपीलाथी की ओर े/ Appellant By : Shri Chetan Karia, Ar प्रत्यथी की ओर े/ Respondent By : Shri Akhtar Ansari, Dr ुनवाई की तारीख / Date Of Hearing: 17.06.2020 घोर्णा की तारीख / Date Of Pronouncement: 17.06.2020 आदेश / O R D E R महावीर स िंह, उपाध्यक्ष / Per Mahavir Singh, Vp: This Appeal Of Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)]-8, Mumbai, [In Short Cit(A)], In Ita No. Cit(A)-8/It-153/2017-18 Dated 19.02.2019. The Assessment Was Framed By The Income Tax Officer, Ward 3(1)(4), Mumbai (In Short Acit/Ito/ Ao) For The A.Y. 2015-16 Vide Order Dated 30.11.2017 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). 2. The First Issue Raised By Assessee In Its Appeal Is As Regards To The Assumption Of Jurisdiction By The Assessing Hazelnut Constructions Pvt. Ltd.; Ay; 2015-16 Officer For “Complete Scrutiny” Whereas The Case Was Selected For “Limited Scrutiny” Under Cass For The Assessment Year 2015-16. For This, Assessee Has Raised The Following Ground No.1: -

For Appellant: Shri Chetan Karia, ARFor Respondent: Shri Akhtar Ansari, DR
Section 142(1)Section 143Section 143(2)Section 143(3)