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)

Sri Sai Educational Society, Mahabubnagar vs. Income Tax Officer, Ward-1, Mahabubnagar

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

ITA 101/HYD/2024[2018-19]Status: DisposedITAT Hyderabad10 Jun 2024AY 2018-19

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.101/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2018-19) Sri Sai Educational Society, Income Tax Officer, Vs. Ward-1, Mahbubnagar. Mahbubnagar, Telangana. Pan: Aafas6773C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Mohd. Afzal, Advocate रधजस् व द्वधरध/Revenue By:: Smt. Sheetal Sarin, Dr सुिवधई की तधरीख/Date Of Hearing: 04/06/2024 घोर्णध की तधरीख/Pronouncement: 10/06/2024 आदेश/Order Per Laliet Kumar, J.M. :- This Appeal Is Filed By Sri Sai Educational Society (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit (A)-10 Mumbai (“Ld. Cit(A)”), Dated 04.01.2024 For The Ay 2018-19. 2. The Assessee Has Raised The Following Grounds : “1. The Order Of The Learned Commissioner Of [Income Tax (Appeals) Is Against The Law, Weight Of Evidence & Probabilities Of Case. 2. The Learned Additional Commissioner Erred In Confirming The Intimation U/S 143(1) In Which The Gross Receipts Of Rs.4,27,15,832/- Are Treated As Total Income Of The Assessee. 3. The Learned Additional Commissioner Ought To Have Appreciated That The Assessee Filed Itr-7,Inadvertently & Offered The Total

For Appellant: Shri Mohd. Afzal, AdvocateFor Respondent: : Smt. Sheetal Sarin, DR
Section 12ASection 139Section 139(9)Section 143(1)

Vivekananda Resham Khadi Gramodyog Sangha, Murshidabad vs. ADIT, CPC, Bengaluru / I.T.O., Ward-1(2), Exemption, Kolkata

In the result, the appeal of the assessee is allowed

ITA 144/KOL/2023[2021-2022]Status: DisposedITAT Kolkata16 Oct 2023AY 2021-2022

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.144/Kol/2023 Assessment Year: 2021-22 Vivekananda Resham Khadi Gramodyog Sangha…...……………....Appellant Purapara, Sanmatinagar, Jangipur, Murshidabad-742213. [Pan: Aaatv7514J] Vs. Acit, Cpc, Bengaluru…........…..........................................…..…..... Respondent Appearances By: Shri Sanjib Kr. Das Sarma, Adv., Appeared On Behalf Of The Appellant. Shri P. P Barman, Addl. Cit-Dr Appeared On 20.06.2023 & Shri Ajay Robin Singh, Jcit Appeared On 16.10.2023 On Behalf Of The Respondent. Date Of Hearing : June 20, 2023 & October 16, 2023 Date Of Pronouncing The Order : October 16, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.12.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Sole Issue Raised By The Assessee In This Appeal Is Relating To The Denial Of Deduction Under Section 10(23B) Of The Income Tax Act. 3. The Provisions Of Section 10(23B) Of The Act, For The Sake Of Ready Reference, Are Produced As Under:

Section 10Section 139Section 250