Section 139 of the Income Tax Act

Income-tax Act, 2025: s.263

Section 139 of the Income-tax Act, 1961 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 is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 of the 3,629 judgments on BharatTax that turn on this section.

Leading authorities on Section 139

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT
293 ITR 226 · 2007 · Supreme Court
576
citing judgments

The deductor cannot be treated as an assessee-in-default under Section 201(1) if the deductee has already paid the tax or offered the impugned receipts in their return of income. However, interest under Section 201(1A) for delayed deposit of tax can still be levied up to the date of filing of the return of income by the deductee.

Phool Chand Bajrang Lal v. ITO
203 ITR 456 · 1993 · Supreme Court
396
citing judgments

Reassessment proceedings under Section 147 are valid even after a scrutiny assessment under Section 143(3), provided the Assessing Officer forms a reason to believe, based on definite, specific, and reliable information, that income escaped assessment due to the assessee's failure to fully and truly disclose material facts.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

Commissioner of Income-Tax, Udaipur v. Udaipur Dugdh Utpadak Sahakari Sandh Ltd.
35 Taxmann.com 616 · 2013 · High Court
304
citing judgments

No disallowance can be made under Section 36(1)(va) or Section 43B for delayed payment of employee's contributions to ESI or PF if these amounts are deposited by the assessee on or before the due date for filing the return of income under Section 139(1). This aligns the treatment of employee contributions with employer contributions for allowability.

Canara Housing Development Co. v. DCIT
49 Taxmann.com 98 · 2014 · High Court
283
citing judgments

Proceedings under Section 153A of the Income Tax Act are not confined solely to incriminating material found during a search, and the Assessing Officer can assess total income for the relevant years.

State of West Bengal v. Kesoram Industries Limited
10 SCC 201 · 2004 · Supreme Court
279
citing judgments

A taxing statute must be interpreted strictly based on what is clearly expressed, without implying anything not stated or importing provisions to supply deficiencies. A person must clearly fall within the ambit of the charging section for tax to be levied.

Jai Steel (India) v. Asstt. CIT
36 Taxmann.com 523 · 2013 · High Court
267
citing judgments

An assessee cannot claim deductions or expenditures in a Section 153A assessment that were not claimed in the original completed assessment, even if documents were found during a search.

CIT v. Foramer France
264 ITR 566 · 2003 · Supreme Court
253
citing judgments

Reassessment proceedings initiated under Section 147 beyond four years from the end of the relevant assessment year are invalid unless the assessee failed to disclose fully and truly all material facts necessary for assessment. Without such failure, the notice issued under Section 148 is time-barred and without jurisdiction.

Judgments on Section 139

Jagveer Singh, Banda vs. Income Tax Officer Ward-1, Satna

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

ITA 11/JAB/2025[2018-19]Status: DisposedITAT Jabalpur30 Sept 2025AY 2018-19

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2018-19 Jagveer Singh, Vs. Income Tax Officer, Village Bhiyamau Khohi Thana, Ward-1, Satna Baraunda, Satna, M.P. Pan:Eneps0024R (Appellant) (Respondent) Assessee By: Sh. Dhiraj Ghai, C.A. Revenue By: Sh. N.M. Prasad, Sr. Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 30.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dismissing The Appeal Of The Assessee Against The Orders Passed By The Ld. Assessing Officer Under Section 147 R.W.S. 144 Of The Income Tax Act On 20.03.2023. The Grounds Of Appeal Are As Under:- “1. The Ex-Party Order Passed U/S Rs. 144 For Ay 2018-19 On 20.03.2023 By Faceless Centre Holding Cash Deposits To The Extent Of Rs. 1,76,85,400/-Deposited In Bank Accounts As Unexplained Cash & Thereby Making Addition Of 1,76,85,400/- Is Wholly Illegal, Unlawful & Against The Principles Of Natural Justice. 2. The Ex-Party Order Of Learned Cit(A) Is Bad In Law & Liable To Be Quashed For Non Consideration Of Material On Record & Additions Made Of Rs 1,76,85,400/- Is Illegal In Want Of Non-Application Of Principles Of Natural Justice 3. Without Prejudice:-The Learned Commissioner Of Income Tax (Appeals) Has Erred In Dismissing The Appeal Ex-Party & Thereby Confirming The Order Passed By Assessing Officer. The Ex-Party Order Passed By Learned Assessing Officer Being Bad In Law & Void-Ab-Inito Was Required To Be Quashed Instead Of Being Confirmed

For Appellant: Sh. Dhiraj Ghai, C.AFor Respondent: Sh. N.M. Prasad, Sr. DR
Section 147

Dreams Belle Vue, Pune vs. ITO Ward-2(3), Pune

In the result, the appeal of the assessee is allowed for statistical

ITA 1158/PUN/2025[2014-15]Status: DisposedITAT Pune30 Sept 2025AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

Dreams Belle Vue, Pune vs. ITO Ward 2 (1), Pune

In the result, the appeal of the assessee is allowed for statistical

ITA 1157/PUN/2025[2016-17]Status: DisposedITAT Pune30 Sept 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148