THE PR. COMMISSIONER OF INCOME-TAX-1 vs. M/S. P.P. ENTERPRISES

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ITA/128/2026HC KarnatakaKAHC01052990202606 August 2026Author: S.G.PANDIT,K.MANMADHA RAO5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka held that it does not have jurisdiction to entertain the appeal. Relying on the Supreme Court's decision in Principal Commissioner of Income-Tax vs. ABC Papers Ltd., the Court reiterated that appeals against every decision of the ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated. This principle applies even if the assessee's cases are transferred under Section 127 of the Act. In this case, the assessment order was passed by the Assistant Commissioner of Income Tax, Central Circle-3, Coimbatore. Therefore, the High Court of Karnataka lacks jurisdiction. The appeal was dismissed as not maintainable, with liberty granted to file the appeal before the appropriate jurisdictional High Court. The certified copy of the ITAT order was directed to be returned to the Registry.

What were the facts?

The Revenue, comprising the Principal Commissioner of Income-Tax-1 and the Assistant Commissioner of Income Tax, Central Circle-3, Coimbatore, filed an appeal under Section 260A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order dated 09.02.2026 passed by the Income Tax Appellate Tribunal (ITAT), Chennai, in ITA No. 2530/CHNY/2024, for Assessment Year 2018-19. The assessee, M/s. P.P. Enterprises, has its PAN and present address in Bengaluru. The assessment order was passed by the Assistant Commissioner of Income Tax, Central Circle-3, Coimbatore. The Registry of the High Court raised objections regarding the maintainability of the appeal before it.

What were the issues?

1. Whether the High Court of Karnataka has jurisdiction to entertain an appeal under Section 260A of the Income Tax Act, 1961, when the assessment order was passed by an Assessing Officer situated within the jurisdiction of the Madras High Court, despite the assessee being located within the jurisdiction of the Karnataka High Court and the ITAT order being passed by the Chennai Bench. The Revenue contended that the appeal was filed considering the assessee's location in Bengaluru and that the assessment took place in Coimbatore due to centralization after a search. The Revenue relied on the Supreme Court decision in Principal Commissioner of Income-Tax vs. ABC Papers Ltd. [(2022) 141 taxmann.com 332 (SC)]. The judgment does not record any specific arguments from the assessee.

Which sections of the Income-tax Act were involved?

Section 260A,Section 127

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHENNAI IN ITA NO.2530/CHNY/2024 DATED 09.02.2026 FOR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO INCOME TAX APPEAL NO. 128 OF 2026 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME-TAX-1, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560 095.

2.

THE ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3, COIMBATORE.

PRESENT ADDRESS: THE INCOME-TAX OFFICER, WARD-1(2)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560 095. …APPELLANTS (BY SRI. RAVI RAJ Y. V., ADV.)

AND:

M/S. P.P. ENTERPRISES 215/4C1/217/C1, 1ST FLOOR, P.P. COMPLEX, ODDANCHATAM, DINDIGUL-624 704 PAN NO. AATFP 5166H PAN NO. AAPFP 7024C. …RESPONDENT

Digitally signed by NANJUNDACHARI Location: High Court of Karnataka

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, CHENNAI IN ITA NO.2530/CHNY/2024 DATED 09.02.2026 FOR ASSESSMENT YEAR 2018-19 ANNEXURE-A AND CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER CONFIRM THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, COIMBATORE.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT)

This appeal is filed under Section 260A of the Income Tax Act, 1961 questioning order dated 09.02.2026 in ITA.No.2530/CHNY/2024 passed by the Income Tax Appellate Tribunal, ‘C’ Bench, Chennai (for short, ‘the Tribunal’).

2.

On scrutiny of the appeal, the Registry of this Court has raised objections with regard to maintainability of ITA before this Court.

3.

Heard learned senior standing counsel Sri.Y.V.Raviraj for appellants/Revenue.

4.

Learned senior standing counsel Sri.Y.V.Raviraj submits that the present appeal was filed taking note of the fact that the assessee is at Bengaluru and further he submits that the assessment has taken place at Coimbatore, since the Centralization has taken place after consequent search.

5.

From the appeal papers, it is seen that the assessment order in respect of the respondent/assessee is passed by the Assistant Commissioner of Income Tax, Central Circle-3, Coimbatore and the ITAT Order is passed by the ‘C’ Bench, Chennai. Therefore, the Registry has rightly raised office objection with regard to maintainability of ITA before this Court.

6.

The Hon'ble Apex Court in the case of Principal Commissioner of Income-Tax vs. ABC Papers Ltd.,

[(2022) 141 taxmann.com 332 (SC)] while considering the identical situation, at paragraph 33 has held as follows: “33. In conclusion, we hold that appeals against every decision of the ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated. Even if the case or cases of an assessee are transferred in exercise of power under Section 127 of the Act, the High Court within whose jurisdiction the Assessing Officer has passed the order, shall continue to exercise the jurisdiction of appeal. This principles is applicable even if the transfer is under Section 127 for the same assessment year(s).”

The Hon'ble Apex Court in the above decision has made it clear that appeal against every decision of the ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated.

7.

In the instant case, the assessment order is passed by the Assistant Commissioner of Income Tax,

Central Circle-3, Coimbatore. Hence, this Court would not get jurisdiction. Accordingly, appeal stands dismissed as not maintainable, with liberty to file appeal before appropriate jurisdictional High Court.

8.

Registry is directed to return certified copy of the ITAT order in ITA.No.2530/CHNY/2024 dated 09.02.2026, on furnishing Xerox copy of the same.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (DR.K.MANMADHA RAO) JUDGE

NC CT:bms

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