Section 139(5) of the Income Tax Act

Income-tax Act, 2025: s.263

Section 139(5) 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(5) is CIT v. Yokogawa India Ltd. (391 ITR 274), cited in 290 of the 830 judgments on BharatTax that turn on this section.

Leading authorities on Section 139(5)

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

Shree Balaji Alloys v. CIT
333 ITR 335 · 2011 · Reported
249
citing judgments
PCIT v. Wipro Ltd.
140 Taxmann.com 223 · 2022 · Supreme Court
192
citing judgments

Exemption provisions under Chapter III, such as Section 10B(8), must be interpreted strictly, and any claim for such exemptions must be made in the return of income. The principles governing Chapter III (incomes not forming part of total income) differ from those for Chapter VIA (deductions in computing total income).

DCIT v. Reliance Industries Ltd.
88 ITD 273 · 2004 · ITAT
169
citing judgments

Interest, sales tax, and purchase tax subsidies received by an assessee are generally considered capital receipts, not revenue income, for income tax purposes.

CIT v. Torrent Power Ltd.
354 ITR 630 · 2013 · High Court
166
citing judgments

If an assessee possesses sufficient interest-free own funds to cover investments yielding exempt income, it is presumed that such investments are made from these own funds, precluding any disallowance of interest expenditure under Section 14A, even when borrowed funds are also available.

Lissie Medical Institutions v. CIT
348 ITR 344 · 2012 · High Court
164
citing judgments

The Kerala High Court held that charitable institutions claiming exemption under Section 11 are not entitled to claim depreciation on assets used for charitable purposes, taking a view contrary to most other High Courts.

CIT v. ITI Ltd.
313 ITR 1 · 2009 · Supreme Court
142
citing judgments

An employer is not statutorily obligated to collect evidence from employees regarding the actual utilization of amounts paid towards leave travel concession or conveyance allowance, unless specific requirements are mandated by law or a CBDT circular.

CIT v. Chaphalkar Brothers
400 ITR 279 · 2018 · Supreme Court
136
citing judgments

A subsidy is classified as a capital receipt if its object is to enable the assessee to set up or expand a new or existing unit. Conversely, it is a revenue receipt if its purpose is to help the assessee run the business more profitably.

CIT v. Sitex Industries Ltd.
82 Taxmann.com 171 · 2017 · High Court
117
citing judgments

No disallowance for investments made out of surplus funds can be made if tax-free dividends are earned on such investments.

Chicago Pneumatic India Ltd. v. DCIT
15 SOT 252 · 2007 · ITAT
111
citing judgments

The Assessing Officer must grant the correct deduction after due verification of claims made by the assessee, even if not perfectly articulated initially. This principle applies in assessment proceedings, including those involving specific deductions like those for export-oriented units under Section 10B.

Judgments on Section 139(5)

Samaresh Paul, Kolkata vs. I.T.O., Ward 25(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2574/KOL/2024[2016-17]Status: DisposedITAT Kolkata28 Feb 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2574/Kol/2024 Assessment Year: 2016-17 Samaresh Paul……...…... .……………………………………..….……….Appellant 16C, Bose Pukur Road, Kolkata – 700042. [Pan: Aeupp8135R] Vs. Ito, Ward-25(1), Kolkata...……..............................……........……...…..…..Respondent Appearances By: Shri Amit Agarwa & T. Wasi, Advocate, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 27, 2025 Date Of Pronouncing The Order : February 28, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 29.10.2024 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. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2016-17 By Declaring Total Income Of Rs.7,42,850/-. The Assessee Thereafter Filed His Revised Return Of Income U/S 139(5) Of The Act By Declaring The Same Total Income. However, It Was Noticed That The Assessee Has Made Property Transaction Of Rs.98,51,000/- During The F.Y 2015-16 Relevant To A.Y 2016-17 Which Has Been Escaped Within The Meaning Of Section 147 Of The Act. Accordingly, Notice U/S 148 Of The Act Was Issued Followed By Notice U/S 142(1) Of The Act. However, The Assessee Did Not Turn Up In Response To The Notice U/S 148 Of The Act. Accordingly, The Assessing Officer Made

Section 139(5)Section 142(1)Section 147Section 148Section 250

M/S. Merino Industries Limited, Kolkata vs. DCIT, Circle - 12(1), Kolkata

In the result, the appeal of the revenue is hereby dismissed

ITA 292/KOL/2019[2014-15]Status: DisposedITAT Kolkata06 Feb 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A No.174/Kol/2019 Assessment Year: 2014-15 Dcit, Circle-12(1), Kolkata…………………….................................……Revenue Vs. M/S Merino Industries Ltd.…………....................................……...…..…..Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] I.T.A No.292/Kol/2019 Assessment Year: 2014-15 M/S Merino Industries Ltd …………………….…….......................…… Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] Vs. Dcit, Circle-12(1), Kolkata.…….................................……....…........….. Revenue Appearances By: Shri Shyam Sundar Jha, Ar, Appeared On Behalf Of The Assessee. Shri Prakash Nath Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12, 2024 Date Of Pronouncing The Order : February 06, 2025 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 09.10.2018 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same

Section 2(22)Section 250Section 801A

Asstt. Commissioner of Income Tax, Central Circle.1(3), Ahmedabad vs. M/S.Aaryavart Infrastructure Pvt. Ltd., Ahmedabad

In the result, appeal of the Revenue is partly allowed

ITSSA 70/AHD/2021[2017-18]Status: DisposedITAT Ahmedabad22 Jan 2025AY 2017-18

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kambleit(Ss)A No. 70/Ahd/2021 (Assessment Year: 2017-18) Deputy Commissioner Of M/S. Aaryavart Vs. Income-Tax, Infrastructure Pvt. Ltd., Central Circle-1(3), 17-A, First Floor, Pariseema Ahmedabad Complex, C.G. Road, Navrangpura, Ahmedabad-9 [Pan : Aadca 4844 Q] (Appellant) .. (Respondent) Appellant By : Shri Aseem L. Thakkar, Ar Respondent By: Shri V. Nandakumar, Cit-Dr Date Of Hearing 20.11.2024 Date Of Pronouncement 22.01.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-: This Appeal Has Been Filed By The Revenue Against The Order Passed By The Learned Commissioner Of Income-Tax (Appeals)-11, Ahmedabad (Hereinafter Referred To As "Cit(A)" For Short) Dated 18.03.2021 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For Assessment Year (Ay) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee-Company Is Engaged In Executing Government Contracts Obtained From Sardar Sarovar Narmada Nigam Ltd For Construction Of Canals, Laying Of Irrigation Pipelines Within Gujarat State, Building Of Railway Bridges At Chhota-Udaipur, Dabhoi, Gujarat. The Assessee-Company Is Also Engaged In Trading Of Building Materials Like Tmt Bars, Cement, Pipes, Grit-Kapchi Etc & Investment In Immovable Properties. The Assessee Filed Return Of Income U/S 139(1) Of It(Ss)A No. 70/Ahd/2021 Acit Vs. Aaryavart Infrastructure Pvt Ltd Asst. Year :– 2017-18 - 2–

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 131Section 133ASection 139(1)Section 139(5)Section 143(3)Section 244ASection 250