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)

Deepak Communication, Ajit Nagar vs. Assessing Officer, Delhi

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

ITA 3076/DEL/2025[2017-2018]Status: DisposedITAT Delhi27 Oct 2025AY 2017-2018

Bench: Shri Vikas Awasthyआअसं.3076/िद"ी/2025 (िन.व. 2017-18) Deepak Communication, Gali No.4, Ajit Nagar, Gandhi Nagar, ...... अपीलाथ"/Appellant Delhi 110031 Pan: Aamfd-3905-A बनाम Vs. Assessing Officer, Ward-60(6), ..... "ितवादी/Respondent Delhi 110002 अपीलाथ" "ारा/Appellant By : None "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 08.09.2023, For Assessment Year 2017-18. 2. The Solitary Issue, In The Present Appeal By The Assessee Is Against Levy Of Penalty U/S.271Aac(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Amounting To Rs.1,04,674/-. The Assesssee Had Deposited Cash Amounting To Rs.13,55,000/- During Demonetization Period I.E. Between 09.11.2016 To 30.12.2016 In His Bank Account Maintained With Yes Bank Ltd. Krishna Nagar Delhi, Account No. 226190000295. The Return Of Income Was Filed

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 115BSection 139(1)Section 142(1)Section 144Section 271ASection 274Section 69A

Mahipal Yadav -Through Sunita (L/H)., Delhi vs. ITO, Ward 43(1), New Delhi

In the result, impugned order is modified to the extent of disallowance made u/s

ITA 1659/DEL/2025[2018-19]Status: DisposedITAT Delhi27 Oct 2025AY 2018-19

Bench: Shri Vikas Awasthyआअसं.1659/िद"ी/2025 (िन.व. 2018-19) Mahipal Yadav, Through Sunita Legal Heir, C/O Ca M.R Sahu, House No. 651, 1St Floor, Sector-10A, Nr. G.D Goenka Public School, ...... अपीलाथ"/Appellant Gurgaon, Haryana 122001 Pan: Abypy-4143-R बनाम Vs. Income Tax Officer, R. No. 1709, 17Th Floor, E-2, Block Civic Centre, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri M. R Sahu, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), 15, Delhi [In Short ‘The Cit(A)’] Dated 31.01.2025, For Assessment Year 2018-19. 2. Shri M. R Sahu, Appearing On Behalf Of The Assessee Narrating Facts Of The Case Submitted That The Addition Was Made By The Cpc U/S.143(1) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Disallowing Assessee’S Claim U/S.23(1)(Va) Of The Act For Contribution Made Towards To Provident Fund (Pf) &

For Appellant: Shri M. R Sahu, Chartered AccountantFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 143(1)Section 154Section 23(1)(va)Section 36(1)(va)