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

Jks Abasan LLP, Kolkata vs. ACIT, Circle 1(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 594/KOL/2025[2017-2018]Status: DisposedITAT Kolkata24 Feb 2026AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Jks Abasan Llp…………….....……..………………….……….……….……Appellant P-4, Black Lanen, Kol-700012. [Pan: Aalfj9634N] Vs. Acit, Circle-1(1), Kolkata..…...……...…………………….....……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Shri S. Datta, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 29, 2026 Date Of Pronouncing The Order : February 24, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.03.2025 Of The Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. At The Very Outset, The Assessee Has Challenged By Taking Legal Ground That Notice U/S 143(2) Of The Act Dated 21.08.2018 Is Not In Conformity With The Instruction Issued By Cbdt Instruction No.1/2011 Dated 31.01.2011 & Since The Notice Issued U/S 143(2) Is Defective, The Assessment Order Is Void & Fit To Be Quashed. The Ld. Counsel Further Submits That Since Legal Issue Goes To The Root Of The Matter, Therefore, The Same May Be Admitted For Adjudication. After Considering The Facts Of Jks Abasan Llp The Case & Keeping In View The Decisions Of The Hon’Ble Apex Court In The Case Of National Thermal Power Co. Ltd V. Cit [1998] 229 Itr 383, We Are Inclined To Admit The Legal Ground For Adjudication.

Section 143Section 143(2)Section 143(3)Section 250