Section 139(1) of the Income Tax Act

Income-tax Act, 2025: s.263

Section 139(1) falls under section 139 of the Income-tax Act, 1961, which corresponds to section 263 (Return of income) of the Income-tax Act, 2025.

Read section 263 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 139(1) is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 of the 8,117 judgments on BharatTax that turn on this section.

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.

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.

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.

(i) CIT v. Merchem Ltd.
378 ITR 443 · 2015 · High Court
631
citing judgments

Belated remittance of employees' contribution to ESI and PF, even if deposited before the due date for filing the return of income under Section 139(1), is not allowed as a deduction. This disallowance falls under Section 36(1)(va) read with Section 2(24)(x), as Section 43B applies only to employer's contributions.

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.

CIT v. Ghatge Patil Transports Ltd.
368 ITR 749 · 2014 · High Court
609
citing judgments

Deduction for employees' contributions to PF and ESIC is allowable under Section 43B if paid before the due date for filing the return under Section 139(1); similarly, delayed deposits of employers' contributions to ESIC and PF are also allowable.

Judgments on Section 139(1)

Assistant Commissioner of Income Tax, Central Circle-1(2), Kolkata vs. Vandana Saraf, Gorakhpur

In the result, the appeals of the Revenue in ITA Nos

ITSSA 116/KOL/2024[2015-16]Status: DisposedITAT Kolkata07 Nov 2024AY 2015-16

Bench: Shri Anikesh Banerjee & Shri Rakesh Mishrai.T.(Ss)A. No. 116, 118, 122, 123 &124 /Kol/2024 Assessment Years: 2015-16 Vandana Saraf, Gorakhpur [Pan: Afups7326A] Vikram Saraf, Gorakhpur [Pan: Assps3600A] Saumitra Saraf, Gorakhpur Acit, Central Circle 1(2) [Pan: Bgdps6749E] Office Of The Acit, Central Circle 1(2), Kolkata, Smita Saraf, Gorakhpur R.No.310, 3Rd Floor, Aaykar [Pan: Aappl9758B] Vs Bhavan Poorva, 110, Shanti Vinod Kumar Saraf, Gorakhpur Pally, Kolkata-700107 Usha Devi Saraf, Legal Heir Of Vinod Kumar Saraf, [Pan: Afups7334A] Saraf Sadan, Gandhi Nagar, Golghar Gorakhpur, Uttar Pradesh- 273001 अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent) I.T.(Ss)A. No. 117, 119, 120, 121/Kol/2024 Assessment Years: 2014-15 Vikram Saraf, Gorakhpur [Pan: Assps3600A] Acit, Central Circle 1(2) Madhu Saraf, Gorakhpur Office Of The Acit, Central [Pan: Avbps7919N] Circle 1(2), Kolkata, R.No.310, 3Rd Floor, Aaykar Vs Smita Saraf, Gorakhpur Bhavan Poorva, 110, Shanti [Pan: Aappl9758B] Pally, Kolkata-700107 Vinod Kumar Saraf, Gorakhpur Usha Devi Saraf, Legal Heir Of Vinod A.Ys. 2014-15 & 2015-16 It(Ss)A Nos.116 To 124/Kol/2024 Kumar Saraf, [Pan: Afups7334A] Saraf Sadan, Gandhi Nagar, Golghar Gorakhpur, Uttar Pradesh- 273001 Assessee By : Shri S.M. Surana, Advocate Revenue By : Shri Prakash Nath Barnwall, Cit Dr सुनवाई की तारीख/Date Of Hearing : 06.11.2024 घोषणा की तारीख /Date Of Pronouncement : 07.11.2024

For Appellant: Shri S.M. Surana, AdvocateFor Respondent: Shri Prakash Nath Barnwall, CIT DR
Section 153ASection 250Section 68

Shree Shiv Sahyadri Nagari Sahakari Pathsanstha Maryadit, Pune vs. Income Tax Officer Ward 7(3) Pune, Pune

In the result, appeal of the assessee is allowed

ITA 1788/PUN/2024[2019-20]Status: DisposedITAT Pune07 Nov 2024AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1788/Pun/2024 िनधा"रण वष" / Assessment Year: 2019-20 Shree Shiv Sahyadri Nagari V The Income Tax Officer, Sahakari Pathanstha S Ward-7(3), Pune. Maryadit, Sai Park Road, Dighi, Pune – 411015. Pan: Aaeas1417N Appellant/ Assessee Respondent / Revenue Assessee By Shri Deepak Sasar – Ar Revenue By Smt. Shabana Parveen – Addl.Cit(Dr) Date Of Hearing 06/11/2024 Date Of Pronouncement 07/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 28.06.2024 For A.Y.2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld.Cit(A) Has Wrongly Confirmed The Disallowance Of Deduction Of Rs.15,60,115/- Claimed By The Appellant U/S.80P(2)(A)(I) Of The Income Tax Act, 1961. 2. Alternatively, The Interest Income Earned By The Appellant From The Investments In A Co-Operative Bank Is Also Eligible For Deduction Under Section 80P(2)(D) Of The Income Tax Act, 1961. 3. The Appellant Crave Leave To Add, Delete, Amend, Alter, Vary And/Or Withdraw All Or Any One Of The Above Grounds Of Appeal.”

Section 139(1)Section 139(4)Section 143(1)Section 143(1)(a)Section 143(1)(v)Section 2Section 250Section 80ISection 80PSection 80P(2)(a)