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)

DCIT, Circle- 19(1), Delhi vs. P & R Engineering Services Pvt. Ltd., Delhi

In the result, appeal of the revenue is dismissed

ITA 6058/DEL/2024[2010-11]Status: DisposedITAT Delhi14 Oct 2025AY 2010-11

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2010-11] Vs P& R Engineering Services Dcit, Circle-19(1), Pvt.Ltd., 89, Lok Nayak New Delhi Apartments, Sector-9, Rohini, Delhi-110085. Pan-Aaccp0484E Appellant Respondent Revenue By Shri Sanjeev Kumar Yadav, Cit Dr Assessee By Shri V. K.Agarwal, Ar Date Of Hearing 17.07.2025 Date Of Pronouncement 14.10.2025 Order Per Manish Agarwal, Am : This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), Delhi -31 [Cit(A), In Short] Dated 01.11.2024 In Appeal No. Cit(A), Delhi-7/10212/2017-18 Arising Out Of The Order Passed U/S 147 R.W.S. 143(3) Of The Income Tax Act, 1961 [The Act, In Short] For A.Y. 2010-11. 2. Brief Facts Of The Case Are That Assessee Is A Company & Filed Its Return Of Income On 27.09.2010, Declaring Loss Of Rs. 12,89,624/-. The Case Of The Assessee Was Reopened In Terms Of The Notice Issued U/S 148 Of The Act On 30.09.2017. In Response, The Assessee Has Declared The Same Income As Was Declared In The Return Filed U/S 139(1) Of The Act. Thereafter The Ao By Alleging That The Assessee Has Received Share Application Money Of Rs. 8,28,45,000/- From Three Companies Namely, M/S Mansarovar Holdings Ltd. Rs. 4,09,00,000/-, M/S Olipha Trading & Investment Pvt. Ltd. Of Rs. 3,27,10,000/- & From M/S Sopan Merchants Pvt. Ltd. Of Rs. 92,35,000/- Which Companies Are Paper Companies & Made The Addition U/S 68 Of The Act Of The Entire Amount Of Loan Received From These Three Companies.

Section 139(1)Section 147Section 148Section 68

Sh. Satish Kumar, Panchkula vs. DCIT, Central Circle -1, Chandigarh

The appeal stands partly allowed

ITA 6/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh13 Oct 2025AY 2017-18

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.6/Chandi/2022 (िनधा"रण वष" / Assessment Year: 2017-18) Shri Satish Kumar Dcit-Central Circle-1 बनाम/ (C/O Parikshit Aggarwal (Ca) Sector-17 House No. 1238, Sector 22B Chandigarh-160017 Vs. Chandigarh-160022 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Adrpk-8845-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Geetinder Mann (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 13/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- 3, Gurgaon [Cit(A)] Dated 10-11-2021 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 153B(1)(B) Of The Act On 26-12-2018. The Sole Grievance Of The Assessee Is Application Of Higher Rate Of Tax @60% U/S 115Bbe. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Geetinder Mann (CIT) -Ld. DR
Section 115BSection 132Section 139(1)Section 143(3)

Sh. Deepak Aggarwal, Panchkula vs. DCIT, Central Circle -1, Chandigarh

The appeal stands partly allowed

ITA 273/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh13 Oct 2025AY 2017-18

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 273/Chandi/2022 (िनधा"रणवष" / Assessment Year: 2017-18) Shri Deepak Aggarwal Dcit-Central Circle-1 बनाम/ (C/O Parikshit Aggarwal (Ca) Sector-17 H.No. 3035, Sector 27D Chandigarh-160017 Vs. Chandigarh-160019 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aexpa-3768-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Geetinder Mann (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 13/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- 3, Gurgaon [Cit(A)] Dated 28-12-2021 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 153B(1)(B) Of The Act On 24-12-2018. The Sole Grievance Of The Assessee Is Application Of Higher Rate Of Tax @60% U/S 115Bbe. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Geetinder Mann (CIT) - Ld. DR
Section 115BSection 132Section 139(1)Section 143(3)