Section 139(4A) of the Income Tax Act

Income-tax Act, 2025: s.263

Section 139(4A) 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(4A) is CIT v. Kasturi & Sons Ltd. (3 SCC 346), cited in 153 of the 151 judgments on BharatTax that turn on this section.

Leading authorities on Section 139(4A)

CIT v. Kasturi & Sons Ltd.
3 SCC 346 · 1999 · Supreme Court
153
citing judgments

Fiscal statutes must be construed strictly and literally. When the language is plain and unambiguous, courts must give effect to it without considering legislative intent or equitable considerations.

Queen’s Educational Society v. CIT
372 ITR 699 · 2015 · Supreme Court
152
citing judgments

An educational institution that generates a surplus does not automatically lose its charitable status or cease to exist solely for educational purposes. This is true if the surplus is reinvested for its educational objectives, and the predominant object test determines if the institution's primary aim is education or profit.

Aditanar Educational Institution v. Addl. CIT
224 ITR 310 · 1997 · Supreme Court
121
citing judgments

A charitable educational institution or trust does not lose its charitable character merely because it generates a surplus, provided its primary object remains charitable and it does not operate for profit. The assessment of charitable nature should focus on the institution's objects rather than the quantum of surplus generated.

CIT v. Mumbai Metropolitan Regional Iron & Steel Market Committee
378 ITR 103 · 2015 · High Court
30
citing judgments

A charitable trust registered under section 12AA can be denied exemption under section 11 for failure to furnish the audit report in Form 10B along with the return of income, but this failure may be considered a procedural lapse.

CIT (Exemption) v. Anjana Foundation
168 Taxmann.com 462 · 2024 · High Court
22
citing judgments

A charitable trust is entitled to claim exemption under Section 11 even if Form 10B is filed at a later stage, as the filing of this form is a procedural requirement and not a condition precedent for claiming exemption.

Queens Education Society v. CIT
231 Taxmann 286 · 2015 · Supreme Court
18
citing judgments
DCIT v. B.J.D. Paper Products
134 ITD 552 · 2011 · ITAT
15
citing judgments

The validity of assessment proceedings can be examined during penalty proceedings, even if the assessment itself was not challenged. This is because issues of jurisdiction go to the root of the matter.

ITO v. Debendra and Rohini Memorial Trust
153 Taxmann.com 687 · 2023 · ITAT
11
citing judgments

A trust registered under section 12AA can avail the benefit of exemption under section 11 if its return of income is filed within the time allowed under section 139. Even if filed belatedly under section 139(4A) but before the last day of filing a belated return under section 139(5), it should be treated as due compliance with section 12A(1)(ba), entitling the assessee to exemption under section 11.

Hospital Research Institute v. ITO
167 Taxmann.com 389 · 2024 · Reported
10
citing judgments

Filing Form 10B is a directory, not mandatory, requirement. Therefore, exemption under section 11 cannot be denied solely for delay in filing Form 10B, especially if it is filed before the assessing officer or during appellate proceedings.

205 ITD Param Hans Swami Uma Bharti Mission v. ACIT
34 Taxmann.com 285 · 2013 · High Court
10
citing judgments

Income from each educational institution run by a society is considered separately for the purpose of exemption under section 10(23C)(iiiad), provided it does not receive government aid and its aggregate annual receipts do not exceed Rs. 1 crore. If income exceeds this limit, an ITR must be filed.

Judgments on Section 139(4A)

Thahekhu Vill.B/C Fc (Ncbc), Dimapur vs. Ward 2(3) Exemption Guwahati, Guwahati

In the result, ITA Nos.59/GTY/2026 & 60/GTY/2026 are allowed for statistical purposes

ITA 60/GTY/2026[2019-2020]Status: DisposedITAT Guwahati19 May 2026AY 2019-2020

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraita Nos. 59 & 60/Gty/2026 Assessment Years: 2018-19 & 2019-20 Thahekhuv Vill.B/C Fc (Ncbc).………………….………...Appellant Thahekhu Vill Po & Ps Dimapur Nagaland-797112 [Pan: Aactt9207A] Vs. Ito, Ward-2(3), Exemption, Guwahati…..………………..……...…..…..Respondent Assam-781005 Appearances By: Shri Kishor Jain, Fca, Appeared On Behalf Of The Appellant. Shri Santosh Kumar Karnani, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2026 Date Of Pronouncing The Order : May 19, 2026 Order Per Sonjoy Sarma: These Two Appeals Have Been Filed By The Same Assessee Against The Separate Orders Passed By The Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’], Both Dated 18.10.2025, For The Assessment Years 2018-19 & 2019-20, Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The ‘Act’], Arising Out Of The Separate Assessment Orders Framed U/S 147 R.W.S. 144B Of The Act Dated 24.02.2025 & 21.02.2025. Since Common Issues Are Involved In Both The Appeals, Except Variation In Figures, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

Section 11Section 12ASection 12A(1)(b)Section 139Section 147Section 148Section 250Section 69ASection 80G

Thahekhu Vill.B/C Fc (Ncbc), Dimapur vs. Ward 2(3) Exemption Guwahati, Guwahati

In the result, ITA Nos.59/GTY/2026 & 60/GTY/2026 are allowed for statistical purposes

ITA 59/GTY/2026[2018-19]Status: DisposedITAT Guwahati19 May 2026AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraita Nos. 59 & 60/Gty/2026 Assessment Years: 2018-19 & 2019-20 Thahekhuv Vill.B/C Fc (Ncbc).………………….………...Appellant Thahekhu Vill Po & Ps Dimapur Nagaland-797112 [Pan: Aactt9207A] Vs. Ito, Ward-2(3), Exemption, Guwahati…..………………..……...…..…..Respondent Assam-781005 Appearances By: Shri Kishor Jain, Fca, Appeared On Behalf Of The Appellant. Shri Santosh Kumar Karnani, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2026 Date Of Pronouncing The Order : May 19, 2026 Order Per Sonjoy Sarma: These Two Appeals Have Been Filed By The Same Assessee Against The Separate Orders Passed By The Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’], Both Dated 18.10.2025, For The Assessment Years 2018-19 & 2019-20, Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The ‘Act’], Arising Out Of The Separate Assessment Orders Framed U/S 147 R.W.S. 144B Of The Act Dated 24.02.2025 & 21.02.2025. Since Common Issues Are Involved In Both The Appeals, Except Variation In Figures, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

Section 11Section 12ASection 12A(1)(b)Section 139Section 147Section 148Section 250Section 69ASection 80G