Jdm Builders And Developeers Pvt Ltd Through Director Shri Krishnakanhaiya Mittal vs. Income Tax Department

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WP/8232/2026HC Madhya Pradesh16 March 2026Bench: HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA2 pages
For Petitioner: Ashish Goyal
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Madhya Pradesh at Indore overruled its own office objection regarding territorial jurisdiction, finding that the cause of action having arisen within its jurisdiction was sufficient to entertain the writ petition. Following this, the petitioner sought to withdraw the petition. The court granted the withdrawal with liberty to the petitioner to raise all objections, including those related to the limitation of the issuance of notices and pecuniary jurisdiction, before the assessing authority. The authority was directed to decide all objections raised by the petitioner before proceeding further with the matter, in accordance with the law. No decision was made on the merits of the challenge to the Section 148 notice.

What were the facts?

The petitioner, JDM Builders and Developers Pvt Ltd, filed a writ petition before the High Court of Madhya Pradesh at Indore. The petition challenged a notice issued under Section 148 of the Income Tax Act, 1961. The Income Tax Department and others were respondents. The matter was listed on an objection raised by the High Court regarding its territorial jurisdiction. The petitioner argued that the cause of action arose within the court's jurisdiction, despite one respondent residing outside it. The court overruled the territorial jurisdiction objection. Subsequently, the petitioner sought to withdraw the petition with liberty to raise all objections, including those related to limitation and pecuniary jurisdiction, before the assessing authority.

What were the issues?

1. Whether the High Court has territorial jurisdiction to entertain the writ petition, considering that the cause of action arose within its jurisdiction, even though one respondent resides outside it? (Question of law and fact, concerning the High Court's powers under Article 226 of the Constitution of India). Assessee's Contention: The petitioner argued that the cause of action had arisen within the jurisdiction of the High Court, which should be sufficient for it to entertain the petition, notwithstanding the residence of one respondent outside its territorial limits. Revenue's Contention: The judgment does not record any specific contention from the revenue regarding territorial jurisdiction. However, the initial listing of the matter on an "objection by the High Court regarding territorial jurisdiction" suggests that the court itself raised this point.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA & HON'BLE SHRI JUSTICE ALOK AWASTHI ON THE 16th OF MARCH, 2026 WRIT PETITION No. 8232 of 2026 JDM BUILDERS AND DEVELOPEERS PVT LTD THROUGH DIRECTOR SHRI KRISHNAKANHAIYA MITTAL Versus INCOME TAX DEPARTMENT AND OTHERS Appearance: Shri Ashish Goyal - Advocate for the petitioner (through VC). Shri Harsh Parashar - Advocate (through VC) with Ms. Yashika Bondwal - Advocate for the respondent No.1. ORDER Per: Justice Vijay Kumar Shukla 1. The matter is listed on the objection by the High Court regarding territorial jurisdiction. 2. Counsel for the petitioner submitted that the cause of action has arisen within the jurisdiction of this Court, though one of the respondent is residing outside the jurisdiction of this Bench. 3. Considering the same, office objection regarding territorial jurisdiction is overruled. 4. The present petition is filed under Article 226 of the Constitution of India challenging the notice issued under Section 148 of the Income Tax Act, 1 WP-8232-2026 NEUTRAL CITATION NO. 2026:MPHC-IND:7068 Signed by: TRILOK SINGH SAVNER Signing time: 3/16/2026 5:22:54 PM Signature Not Verified

(VIJAY KUMAR SHUKLA) JUDGE (ALOK AWASTHI) JUDGE 1961. 5. After arguments, counsel for the petitioner prays for withdrawal of the petition with liberty to raise all objections including the question relating to limitation of the issuance of notices as well as the pecuniary jurisdiction before the authority. 6. Petition is disposed of with the said liberty. Three days' time is granted to file objections. On filing objections, the authority shall decide all the objections raised by the petitioner before proceeding further in the matter, in accordance with law. 7. With the aforesaid, petition is disposed of. trilok

2 WP-8232-2026 NEUTRAL CITATION NO. 2026:MPHC-IND:7068 Signed by: TRILOK SINGH SAVNER Signing time: 3/16/2026 5:22:54 PM Signature Not Verified

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