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Section 139(1) of Income Tax Act

Section 139(1) of Income Tax Act

Section 139 of the Income Tax Act 1961 contains various provisions regarding the late filing of various income tax returns. If an individual or non-individual has not filed a tax return by the specified time, section 139 also provides guidelines for late filing of the return. In this article, you will get to know about section 139(1) of income tax act. Let’s read on.

Section 139 has several subsections dealing with failure to file tax returns within prescribed time periods through various types of tax assessment notices.

What Is the Meaning of 139 (1) in Income Tax

Section 139  deals with late filing of income tax returns. It also consists of subsections dealing with the different types of income tax returns that must be filed if the return is not filed within the prescribed deadlines.

Section 139(1) of the Income Tax Act deals with two types of delayed income tax returns, compulsory and voluntary.

Mandatory returns:

The following ordinary or legal persons are required to file a mandatory return.

Any company, regardless of whether it is a listed company, an unlisted company, a foreign company, or a domestic company.

All companies including Limited Liability Partnerships (LLP) and Unlimited Liability Partnerships.

Any person provided that their total taxable income for the relevant financial year exceeds the permissible exemption limit.

Voluntary return:

If an individual or entity files an income tax return, the income tax return filed by that individual or entity shall be deemed to be such a voluntary return if the individual or entity is not required to file a compulsory return. Voluntary returns are also considered valid returns.

What Is 139 (1 ) Return Filed on or before Due Date

Different people derive their income in different ways, Section 139 provides deadlines for certain requirements for filing an income tax return. The schedule is as follows.

July 31 – Some individuals and organizations do not require audit reports to validate their accounts. These natural and legal persons must file their income tax returns by July 31 of each tax year. These businesses mainly include paid employees, self-employed or freelancers, or consultants.

September 30th – Various other businesses will be subject to mandatory financial audits and must file their tax returns by September 30th. The following entities may be included in this category: business entities and working partners employed by companies or consultants undergoing financial audits.

What Is the Seventh Provision of Section 139 (1)

The Seventh Provision to section 139(1) has been inserted after the sixth provision, and before the explanation 1 to finance (No. 2) act, 2019 with effect from 1st april 2020.

There are various rules regarding voluntary and compulsory returns. Section 139 Income Returns, its sets out the deadlines for filing income returns, liable to certain exceptions.

The 2019-20/2020-21 ITR Forms (ITR-1 through ITR-5) include information on the 7th reservation to Section 139(1) and add new fields in the ITR forms have been incorporated.

Part A of the form asks if you have filed an income statement in accordance with the requirements of the seventh provision of Section 139(1), otherwise, you are not required to file an income statement.

The individual’s gross income is below the tax exemption limit and it is not required to file an income return, but it is required to submit its relevant ITR forms as makes large transactions.

If any of the above conditions are met, the person must file a declaration as the above conditions apply instead. Suppose his income from employee salaries and bank interest is less than Rs. 2.5 lakhs In the 2019-20 fiscal year, but has paid electricity bills of Rs. 1 lakh in the financial year 2019-20 then he has to file ITR Form-1.

What Happens If You File Income Tax Return after the Due Date u/s 139 (1)

Taxpayers, whether individuals or other entities are encouraged to file their tax returns by the due dates under Section 139(1) of the Act. Even if your tax return is still late, you have the option to file a late return for the previous year by the end of the current assessment year or by the end of the fiscal year. If the taxpayer still fails again, he will be fined Rs. 5,000 under Section 271F of the IT Act, 1961. Penalties may be avoided if the earnings are not subject to mandatory filing under section 139(1) and the return is filed after the due date.

Frequently Asked Questions (FAQs):-

Are section 139 payments deductible?

No. Section 139 of the Internal revenue code (the “Code”) excludes from the taxpayer’s gross income certain payments to individuals who reimburse or pay for expenses related to covered disasters.

What is due date for submission of returns us 139 (1) for non audit cases?

Some individuals and entities do not require audit reports to verify their accounts. These natural and legal persons must file their income tax returns by July 31 of each tax year.


In this article you got to know about section 139(1) of income tax act. In recent years, certain changes have been made to Section 139 of the Income Tax Act. This primarily involves changing some of the terms and descriptions to facilitate the communication of information. There are many provisions for the convenience of various taxpayers and for correcting erroneous forms.

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