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)

Naveen Singh, Jamshedpur vs. Deputy Commissioner of Income Tax, Circle - 1, Jamshedpur

In the result, the appeal of the assessee is allowed

ITA 413/RAN/2024[2017-18]Status: DisposedITAT Ranchi06 Jan 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.413/Ran/2024 Assessment Year: 2017-18 Naveen Singh………...…………….…….…............................……….……Appellant M-9 Old, Adityapur Jamshedpur, Jharkhand- 831013. [Pan: Adkps4229A] Vs. Dcit, Circle-1, Jamshedpur.….....…..…..….........……........……...…..…..Respondent Appearances By: Shri P. S. Paul, Ca, Appeared On Behalf Of The Appellant. Shri Sumit Dasgupta, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2025 Date Of Pronouncing The Order : January 06, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Cit(A)”) Dated 12.09.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For Assessment Year 2017–18 Declaring A Total Income Of ₹43,99,340/- Under Section 139(1) Of The Act. The Return Was Processed Under Section 143(1) Accepting The Income As Declared. Subsequently, The Ao Issued A Notice Under Section 148 Of The Act After Recording Reasons & Obtaining Sanction From The Competent Authority. The Assessee Did Not Respond To The Notice Under Section 148. Thereafter, Multiple Notices Under Section 142(1) Were Issued, Including Final Opportunity Notices, Which Were Duly Served But Remained Unanswered.

Section 139(1)Section 142(1)Section 143(1)Section 144Section 147Section 148Section 250Section 56(2)(x)

Rcs Associates Charitable Trust, Shimla vs. Income Tax Officer Exemption, Solan

The appeal stand allowed for statistical purposes

ITA 769/CHANDI/2025[2024-25]Status: DisposedITAT Chandigarh06 Jan 2026AY 2024-25

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं. / Ita No.759/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2023-24) & 2. आयकरअपीलसं. / Ita No.769/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2024-25) Rcs Associates Charitable Trust Ito Exemption 74/1, Lower Bazar, Shimla Income Tax Office बनाम/ Vs. Himachal Pradesh - 171001 New Bypass Road, Kathed, Solan (Hp) - 173208 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aabtr-8127-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Vishal Mohan (Sr. Advocate) A/W Sh. Praveen Sharma (Advocate) – Ld. Ars (Virtual Mode) ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 23-12-2025 घोषणाकीतारीख /Date Of Pronouncement 06-01-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Assessee Is In Further Appeal Before Us For Assessment Years (Ay) 2023-24 & 2024-25. First, We Take Up Appeal For Ay 2023-24 Which Arises Out Of An Order Ld. Addl. Cit / Joint Cit (Appeals)-9, Mumbai [Cit(A)] Dated 26-03-2025 In The Matter Of An Intimation Issued

For Appellant: Sh. Vishal Mohan (Sr. Advocate) a/w Sh. PraveenFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 11Section 139(1)Section 143(1)Section 143(1)(a)

Rcs Associates Charitable Trust, Shimla vs. Income Tax Officer (Exemption), Solan

The appeal stand allowed for statistical purposes

ITA 759/CHANDI/2025[2023-24]Status: DisposedITAT Chandigarh06 Jan 2026AY 2023-24

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं. / Ita No.759/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2023-24) & 2. आयकरअपीलसं. / Ita No.769/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2024-25) Rcs Associates Charitable Trust Ito Exemption 74/1, Lower Bazar, Shimla Income Tax Office बनाम/ Vs. Himachal Pradesh - 171001 New Bypass Road, Kathed, Solan (Hp) - 173208 "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aabtr-8127-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Vishal Mohan (Sr. Advocate) A/W Sh. Praveen Sharma (Advocate) – Ld. Ars (Virtual Mode) ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 23-12-2025 घोषणाकीतारीख /Date Of Pronouncement 06-01-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Assessee Is In Further Appeal Before Us For Assessment Years (Ay) 2023-24 & 2024-25. First, We Take Up Appeal For Ay 2023-24 Which Arises Out Of An Order Ld. Addl. Cit / Joint Cit (Appeals)-9, Mumbai [Cit(A)] Dated 26-03-2025 In The Matter Of An Intimation Issued

For Appellant: Sh. Vishal Mohan (Sr. Advocate) a/w Sh. PraveenFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 11Section 139(1)Section 143(1)Section 143(1)(a)

Swami Vivekanand College, Thane vs. Income Tax Officer, WD-4(4), Thane

In the result, the appeal is allowed

ITA 6628/MUM/2025[2015-16]Status: DisposedITAT Mumbai05 Jan 2026AY 2015-16

Bench: Shri Saktijit Dey & Shri Jagadishswami Vivekanand College Income Tax Officer, Ward-4(4) Asher It Park, 6Th Floor, B-906 Cluster 3, Mira Road (E), Mira Road S.O., Near Midc, Road No. 16 Z, Vs. Thane-401 107 Wagle Industrial Estate, Thane-400 604 Pan/Gir No. Aaets 9320 H (Appellant) : (Respondent) Appellant By : Shri Prakash G. Jhunjhunwala & Shri Saiprasad Ghosh Respondent By : Shri Arun Kanti Datta – Cit Dr Date Of Hearing : 17.12.2025 Date Of Pronouncement : 05.01.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against Order Dated 09.09.2025 Of National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2015-16. 2. In Ground No. 1, The Assessee Has Challenged The Validity Of Notice Issued U/S. 148 Of The Act, Being Barred By Limitation. Identical Issue Has Been Raised By The Assessee Through An Additional Ground Filed On 12.12.2025. Since, The Issue Raised By The Assessee Is A Purely Legal & Jurisdictional Issue Going To The Root Of The Matter & Can Be Decided Based On The Facts Available On Record, We Are Inclined To Admit The Additional Ground For Adjudication & Proceed To Decide It At The Very Outset.

For Appellant: Shri Prakash G. Jhunjhunwala &For Respondent: Shri Arun Kanti Datta – CIT DR
Section 139(1)Section 147Section 148Section 148A