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)

DCIT 15(3), Mumbai vs. Kamdhenu Builders and Developers, Navi Mumbai

In the result, appeal of the revenue is dismissed

ITA 7010/MUM/2010[2007-08]Status: DisposedITAT Mumbai27 Jan 2016AY 2007-08

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.7010/Mum/2010 (नििाारण वषा / Assessment Year: 2007-08) Dcit 15(3) Vs. Kamdhenu Builders & Matru Mandir, 1St Floor, Developers Tardeo Road, 20 Shanti Centre, Sector 17, Mumbai Vashi Navi Mumbai – 400 705 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aahfk 0461 E (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri Rajneesh K. Arvind (Dr) ननधाारयती की ओर से /Assessee By : (I) Shri Sunil Pathak (Ar) (Ii)Shri Subodh Ratnaparkhi(Ar) सुनवाई की तायीख / Date Of Hearing : 26/10/2015 घोषणा की तायीख/Date Of Pronouncement 27/01/2016 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Revenue Against The Order Of Cit(A), For The Assessment Year 2007-08, In The Matter U/S.143(3)(Ii) Of The I.T. Act, Wherein The Following Three Grounds Taken Of The Assessee. (I) “On The Facts & Circumstances Of Case & In Law, The Ld. Cit(A) Erred In Holding That The Assessee Is Entitled To Deduction U/S 80Ib (10) Of Rs.1,94,12,489/- Inspite Of The Fact That The Claim For Deduction Was Not Made In The Original Return & Was Only Made In The Return Filed, For A.Y. 2007-08, On 31.08.2009, Which Is Not A Valid Return In The Eye Of Law & Also Cannot Be Treated As „Revised Return‟ U/S. 139(5).” (Ii) “On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Erred In Allowing The Deduction U/S 80Ib (10) Of Rs.1,94,12,489/-, As The Same Is Contrary To The Provisions Of Section 80A(5), Effective From 01.04.2003, Which Does Not Permit Allowance Of Deduction Unless The Claim For Deduction Is Made In The Return Of Income.”

For Appellant: (i) Shri Sunil Pathak (AR)For Respondent: Shri Rajneesh K. Arvind (DR)
Section 10Section 139(4)Section 139(5)Section 143(2)Section 143(3)(ii)Section 80A(5)Section 80I