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)

Srikant Mohta, Kolkata vs. CIT, Central Circle - II, Kolkata

In the result, both the appeals of the assessee are allowed

ITA 1988/KOL/2010[2004-05]Status: DisposedITAT Kolkata16 Jan 2019AY 2004-05

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara Ravi) Assessment Year: 2004-05 Assessment Year: 2006-07 Srikant Mohta..............................……….….............................…..……………….…...……..…….............Appellant P-31A, Kalakar Street Kolkata – 700 007 [Pan : Afapm 1673 C] Vs. Commissioner Of Income Tax, Central Circle-Ii, Kolkata..…........………………...…...........Respondent Appearances By: Shri Sanjay Modi, Ca, Appeared On Behalf Of The Assessee. Shri A.K. Singh, Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 17Th , 2018 Date Of Pronouncing The Order : January 16Th , 2019 Order Per J. Sudhakar Reddy, Am :- Both These Appeals Are Filed By The Assessee & Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax Central-Ii, Kolkata, (Ld. Cit(A)) Passed U/S. 263 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 08/09/2010, For The Assessment Year 2004-05 & Dt. 10/09/2010, For The Assessment Year 2006-07. 2. We First Take Up Ita No. 1988/Kol/2010; Assessment Year 2004-05, For Adjudication. The Disposal Of This Appeal Would Decide The Fate Of The Appeal Of The Assessee In Ita No. 1989/Kol/2010; Assessment Year 2006-07. 3. We Have Heard Rival Contentions. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:- 4. We Find That The Hon’Ble Calcutta High Court Has In Itat No.19 Of 2015 Ga No.246 Of 2015 & Itat No.20 Of 2015 Ga No.247 Of 2015; Judgment Dt. June 25Th 2018, In The Assessee’S Own Case, Framed The Following Questions:-

Section 132Section 139Section 139(3)Section 153ASection 153A(1)(a)Section 263Section 72Section 80