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)

M/S Pandit Electricals Pvt. Ltd., Kolkata vs. Income Tax Officer, Ward - 3(3), Chandauli

In the result, the appeal of the assessee is dismissed

ITA 19/VNS/2021[2012-2013]Status: DisposedITAT Varanasi16 Apr 2026AY 2012-2013

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.-2012-13 M/S Pandit Electricals Pvt. Ltd., Vs. The Income Tax Officer, 173, Madhyam Gram, South Ward-3(3), Chandauli Bireshpally, Near Vivekananda Sporting Club, Kolkata Pan: Aadcp8298D (Appellant) (Respondent) Assessee By: Sh. Bipin Shankar Gupta, Advocate Revenue By: Sh. Sabyasachi Chakarborty, Sr. Dr Date Of Hearing: 20.01.2026 Date Of Pronouncement: 16.04.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Varanasi, Dated 18.09.2018, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Passed By The Ao Under Section 154 Of The Income Tax Act, 1961, Dated 24.05.2017. The Grounds Of Appeal Are As Under:- “1. Because Keeping In View The Facts & Circumstances, The Learned Cit (Appeals) Has Eared In Law As Well As On Facts In Upholding The Illegal Order Passed By The A O U/S 154 Of The Act. 2. Because Keeping In View The Facts & Circumstances, The Learned Appellate Authority Has Failed To Appreciate That There Was No Mistake Apparent On The Face Of Record So As To Justify The Action Of The A O U/S 154 Of The Act & The Provisions Of Section 40(A)(Ia)Of The Act Is Not Applicable To The Case. 3. Because The Learned Appellate Authority Has Eared In Not Appreciating The Direct Findings Of Learned Jurisdictional Ald. H. C In Cit Vs. Vector Shipping Services (P) Ltd. & Also Circular No. 10/Dv/2013[F.No.279/Misc/M- 61/2012-Itj(Ii)], Dated 16.12.2013 Issued By Cbdt Clarifying That Applicability Of Sec. 40(A)(Ia) Of The Act Has Conflicting Interpretations By Judicial Authorities & Hence Out Of Purview Of Sec. 154 Of The Act.

For Appellant: Sh. Bipin Shankar Gupta, AdvocateFor Respondent: Sh. Sabyasachi Chakarborty, Sr. DR
Section 154Section 40

Sameer Satish Satpute, Pune vs. Income Tax Officer, (It) Ward 4, Pune, B.O. Bhawan

In the result, the appeal of assessee is treated as allowed for statistical purpose

ITA 2933/PUN/2025[2022-23]Status: DisposedITAT Pune10 Apr 2026AY 2022-23

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2933/Pun/2025 धििाारण वर्ा / Assessment Year : 2022-23 Sameer Satish Satpute, Ito, (It) Ward 4, Pune 39, Rakshak Society, Aundh, Pune-411027 Vs. Pan : Asops4608L अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Kishor B Phadke Department By : Shri Harshit Bari Date Of Hearing : 25-02-2026 Date Of 10-04-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 04.09.2025 Of The Ld. Commissioner Of Income Tax (Appeals), Pune-13 [“Cit(A)”] Pertaining To Assessment Year (“Ay”) 2022-23. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Non- Resident Individual. During Fy 2021-22 Relevant To Ay 2022-23 Under Consideration, The Taxable Income Of The Assessee In India Comprised Of : (I) Rental Income From House Property In Pune; (Ii) Capital Gains From Stocks & Mutual Funds; (Iii) Dividend Income; (Iv) Fixed Deposits & (V) Nro Account Interest & Pass Through Income From Two Funds. For Ay 2022- 23, The Assessee Filed His Return Of Income U/S 139(1) Of The Income Tax Act, 1961 (The “Act”) On 30.07.2022 Claiming Refund Of Rs.3,62,090/-. The Return Of The Assessee Was Processed By The Cpc, Bengaluru U/S 143(1) Of The Act Vide Intimation Order Dated 06.10.2023 Wherein The Ld. Cpc Assessed The Total Income Of The Assessee At Rs.5,37,30,540/- & Raised A Tax Demand Of Rs.35,68,200/-. On Going Through The Intimation, The Assessee Noticed That Though Gross Total Income Was Accepted, Income Adopted As Chargeable At Special Rate Was Incorrect. As Per The Order Of 2

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Harshit Bari
Section 115BSection 139(1)Section 143(1)Section 154