Income-tax Act, 1961 · Chapter XX: Appeals and Revision · CC.—Appeals to High Court
Section 260A: Appeal to High Court
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.
In plain words
An appeal lies to the High Court from an order of the Appellate Tribunal, but only if the case involves a substantial question of law. This replaced the old reference procedure for later orders.
- The assessee or the tax department can appeal.
- The appeal must be filed within one hundred and twenty days of receiving the order, and must state the substantial question of law.
- The High Court can admit a late appeal if there was sufficient cause.
- If satisfied that a substantial question of law arises, the High Court frames it and hears the appeal only on that question, though it may hear another such question for recorded reasons.
- Findings of fact by the Tribunal are usually final. A question of fact becomes a question of law only if the finding is perverse or based on no evidence.
- The Code of Civil Procedure, 1908 applies to these appeals as far as possible.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) An appeal shall lie to the High Court from every order passed in appeal by the Appellate Tribunal [before the date of establishment of the National Tax Tribunal], if the High Court is satisfied that the case involves a substantial question of law.
(2) [The [Principal Chief Commissioner or Chief Commissioner] or the [Principal Commissioner or Commissioner] or an assessee aggrieved by any order passed by the Appellate Tribunal may file an appeal to the High Court and such appeal under this sub-section shall be—]
(a) filed within one hundred and twenty days from the date on which the order appealed against is [received by the assessee or the [Principal Chief Commissioner or Chief Commissioner] or [Principal Commissioner or Commissioner]; * * * * *
(c) in the form of a memorandum of appeal precisely stating therein the substantial question of law involved. [(2A) The High Court may admit an appeal after the expiry of the period of one hundred and twenty days referred to in clause (a) of sub-section (2), if it is satisfied that there was sufficient cause for not filing the same within that period.]
(3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
(4) The appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.
(5) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit.
(6) The High Court may determine any issue which—
(a) has not been determined by the Appellate Tribunal; or
(b) has been wrongly determined by the Appellate Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1). [(7) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section.]
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 260A provides an appeal to the High Court from orders of the Appellate Tribunal, but only if the case involves a substantial question of law. It replaced the old reference procedure in section 256 for orders passed on or after 1 October 1998.
Substantial question of law
The question must be one of law, and substantial: debatable, not already settled by binding authority, and material to the outcome. The Tribunal is the final fact finding body, so findings of fact are open only if perverse or based on no evidence.
The High Court must formulate the question when it admits the appeal, and the appeal is heard on that question. It may hear another substantial question if it records reasons.
Procedure
The appeal is filed within one hundred and twenty days of receipt of the Tribunal's order, with a memorandum stating the question. The Code of Civil Procedure applies to these appeals as far as possible. Where the High Court decides an appeal on merits, it should frame the questions and give reasons, even if it ultimately finds for the respondent.
Key Supreme Court rulings
M. Janardhana Rao v. Joint Commissioner of Income Tax 2005 INSC 52
The High Court cannot dispose of a section 260A appeal without formulating the substantial question of law at the admission stage, and the matter was remitted for decision in the proper manner.
Commissioner of Income Tax v. Rashtradoot (HUF) 2019 INSC 285
Where the High Court heard the parties and dismissed the appeal, it should have framed the questions and answered them with reasons under sub-sections (4) and (5).
Common mistakes
- Framing a question of fact as a question of law.
- Arguing in the High Court on questions that were never formulated.
Read with: Section 256 Income-tax Act, 1961, Section 261 Income-tax Act, 1961
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 260A
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K. Krishnamurthy v. The Deputy Commissioner of Income Tax
Matter pertains to imposition of penalty u/s.271AAA of the Income Tax Act, 1961 on undisclosed income in the specified previous year.
- The Pr Commissioner of Income Tax-4 New Delhi v. M/S Hespera Realty Pvt. Ltd
- The Pr. Commissioner of Income Tax -Central -1 v. Capital Power Systems Ltd
- Pr. Commissioner of Income Tax -7, Delhi v. Punjab National Bank
- Cit v. Birlasoft Ltd
- Mrs. Kamla Ajmera v. Pr. Commissioner of Income Tax
- Principal Commissioner of Incom Tax-1 v. M/S. Agroha Fincap Ltd
- The Pr. Commissioner of Income Tax -4 New Delhi v. M/S G-Tekt India Pvt. Ltd
- Pr. Commissioner of Income Tax -7 v. Sunlight Tour and Travels Pvt. Ltd
- Sandeep Hooda v. Deputy Commisisioner of Income Tax, Circle 22(2), Delhi & Anr
- Pr. Commissioner of Income Tax Delhi -11 v. Ms. Sangeeta Jain
- Sequential Technology International India Pvt. Ltd.(Formerly Known As Omniglob Information Technolo v. Addl. Cit, Spcl.Range-7,
- Anuj Sood v. Pcit (Central-1), New Delhi & Anr
- Sipura Developers Pvt Ltd v. Pr. Commissioner of Income Tax 7
- Alcatel Lucent India Limited v. Deputy Commissioner of Income Tax & Anr
- The Pr. Commissioner of Income Tax -7 v. Sabic India Pvt Ltd
- Pr. Commissioner of Income Tax-1, Delhi v. M/S Advantage Fashion Pvt. Ltd
- Alcatel Lucent India Limited v. Deputy Commissioner of Income Tax & Anr
- Pr. Commissioner of Income Tax -7, Delhi v. Sony India Pvt. Ltd
- Hyatt International Southwest Asia Ltd v. Acit(International Taxation)-2(1)(1), New Delhi
- Hyatt International Southwest Asia Ltd v. Acit(International Taxation)-2(1)(1), New Delhi
- The Pr. Commissioner of Income Tax -9 v. M/S Topline Buildtech Pvt. Ltd
- Principal Commissioner of Income Tax (Central) - 3 v. M/S Gtm Builder and Promoters Pvt. Ltd
- Pr. Commissioner of Income Tax-1, Agra v. Smt Amita Garg and Ors. (Legal Heirs of Late Sh. Rakesh Kumar Garg & Ors
- Subodh Kant Sahay Huf v. Income Tax Officer Ward 28(1)Delhi & Anr
- Ankit Agarwal -Legal Heir of Late Shanti Kumar Aggarwal v. Assistant Commissioner of Income Tax Central Circle 27, Delhi & Anr
- Pratishtha Images Private Limited v. Dy. Commissioner of Income Tax Central Circle 28 Delhi
- Indo Greenfuel Pvt Ltd v. Assistant Commissioner of Income Tax (Central Circle) 28 Delhi & Ors
- Sunoj Engineers Pvt Ltd v. Assistant Commissioner of Income Tax, Central Circle 27, Delhi & Anr
- Tarun Kumar Sahay v. Deputy Commissioner of Income Tax, Central Circle 28, Delhi
- Shanti Kumar Agarwal Huf v. Dy. Commissioner of Income Tax Central Circle 28, Delhi & Anr
- Vikas Wahi v. Deputy Commissioner of Income Tax Central Circle 26, Delhi and Ors
- Anuj Sharma v. Assistant Commissioner of Income Tax, Central Circle 28, Delhi & Ors
- Alka Agarwal v. Deputy Commissioner of Income Tax Central Circle-28, Delhi
- Betsy Growth Finance Limited v. Assistant Commissioner of Income Tax Central Circle 28 & Ors
- Jagmohan Kejriwal v. Income Tax Officer Ward 62(1), Delhi & Anr
- Mahabir Parshad Gupta v. Income Tax Officer, Ward 43(1), Delhi & Anr
- Susheel Jain v. Assistant Commissioner of Income Tax, Central Circle 27, Delhi & Anr
- Vikas Wahi v. Deputy Commissioner Ofincome Tax Central Circle 26, Delhi and Ors
- Pratishtha Images Private Limited v. Deputy Commissioner of Income Tax Central Circle 28 Delhi
- Pack Plast -India- Private Limited v. Income Tax Officer Ward 19-3, Delhi and Anr
- Alankit Finsec Limited v. Dy. Commissioner of Income Tax Central Circle 28 Delhi
- Pratishtha Images Private Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- The Pr. Commissioner of Income Tax -Central-1 v. Ojjus Medicare Pvt. Ltd
- Kapareva Development Private Limited v. Assistant Commissioner of Income Tax Central Circle - 28, Delhi & Ors
- Sunoj Engineers Pvt Ltd v. Assistant Commissioner of Income Tax, Central Circle 27, Delhi & Anr
- Naresh Mittal v. Income Tax Officer Ward 43(6) Delhi & Ors
- Pack Plast -India- Private Limited v. Income Tax Officer Ward 19-3, Delhi & Anr
- Alankit Forex India Limited v. Dy.Commissioner of Income Tax, Central Circle 28, Delhi
- Mohan Kumar Garg v. Dy. Commissioner of Income Tax Circle 28, Delhi
- Ashutosh Agarwal v. Assistant Commissioner of Income Tax (Central Circle) 28 Delhi Ors
- Sakshi Agarwal v. Deputy Commissioner of Income Tax Central Circle-28, Delhi
- Ankit Agarwal -Legal Heir of Late Shanti Kumar Aggarwal v. Assistant Commissioner of Income Tax Central Circle 27, Delhi & Anr
- Naresh Mittal v. Income Tax Officer Ward 43(6) Delhi & Ors
- Kapareva Development Private Limited v. Assistant Commissioner of Income Tax Central Circle - 28, Delhi & Ors
- Saksham Investor Services Private Limited v. Income Tax Officer, Ward 22-1, New Delhi & Anr
- Kapareva Development Private Limited v. Assistant Commissioner of Income Tax Central Circle - 28, Delhi & Ors
- Mahabir Parshad Gupta v. Income Tax Officer, Ward 43(1), Delhi & Anr
- New Wave Realtors Private Limited v. Income Tax Officer, Ward 18(3), Delhi & Anr
- Shashi Garg v. Deputy Commissioner of Income Tax, Central Circle- 28, Delhi & Anr
- Subodh Kant Sahay Huf v. Income Tax Officer Ward 28(1) Delhi & Anr
- Vivek Garg v. Dy. Commissioner of Income Tax Central Circle 28, Delhi & Anr
- Ashwani Kumar Gupta v. Assistant Commissioner of Income Tax Central Circle 17, & Anr
- Subodh Kant Sahay Huf v. Income Tax Officer Ward 28(1), Delhi & Anr
- Vivek Garg v. Dy. Commissioner of Income Tax Central Circle 28, Delhi & Anr
- Alankit Insurance Tpa Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- Alka Agarwal v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- Alankit Finsec Limited v. Deputy Commissioner of Income Tax Central Circle 28, Delhi
- Alankit Finsec Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- New Wave Realtors Private Limited v. Deputy Commissioner of Income Tax Circle 28, Delhi & Anr
- Vinod Kumar Maheshwari v. Deputy Commissioner of Income Tax, Central Circle 28, Delhi & Anr
- Mahabir Parshad Gupta v. Income Tax Officer, Ward 43(1), Delhi & Anr
- Saksham Commodities Limited v. Income Tax Officer, Ward 22-1, New Delhi & Anr
- Mamta Agarwal v. Assistant Commissioner of Income Tax (Central Circle) 28 Delhi & Ors
- Mamta Agarwal v. Assistant Commissioner of Income Tax (Central Circle) 28 Delhi & Anr
- Tina Organics Pvt. Ltd v. Deputy Commissioner of Income Tax, Central Circle -28
- Jagmohan Kejriwal v. Income Tax Officer Ward 62(1), Delhi & Anr
- Jagmohan Kejriwal v. Income Tax Officer Ward 62(1), Delhi & Anr
- Vinod Kumar Maheshwari v. Deputy Commissioner of Income Tax, Central Circle 28, Delhi & Anr
- Vineeta Gupta v. Income Tax Officer Ward 46(4) Delhi and Anr
- Vineeta Gupta v. Income Tax Officer Ward 46(4 )& Anr
- Subodh Kant Sahay Huf v. Income Tax Officer Ward 28(1) Delhi & Anr
- Alankit Insurance Brokers Limited v. Deputy Commissioner of Income Tax Central Circle 28, Delhi
- Tarun Kumar Sahay Huf v. Income Tax Officer Ward 43(1), Delhi & Anr
- Mamta Agarwal v. Assistant Commissioner of Income Tax (Central Circle) 28 Delhi & Anr
- Alka Agarwal v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- Alankit Forex India Limited v. Dy. Commissioner of Income Tax, Central Circle 28, Delhi
- Ashutosh Agarwal v. Assistant Commissioner of Income Tax Central Circle 28,
- New Wave Realtors Private Limited v. Deputy Commissioner of Income Tax Central Circle 28, Delhi & Anr
- Ankit Agarwal -Legal Heir of Late Shanti Kumar Aggarwal v. Assistant Commissioner of Income Tax Central Circle 27, Delhi & Anr
- Tina Organics Pvt. Ltd v. Deputy Commissioner of Income Tax, Central Circle -28
- Vikas Promoters Private Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi & Anr
- Alankit Insurance Tpa Limited v. Dy. Commissioner of Income Tax Circle 28, Delhi
- Alankit Insurance Brokers Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- Alankit Insurance Brokers Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- Tarun Kumar Sahay Huf v. Income Tax Officer Ward 43(1), Delhi & Anr
- Pack Plast -India- Private Limited v. Income Tax Officer Ward 19-3, Delhi & Anr
- Vikas Wahi v. Deputy Commissioner of Income Tax Central Circle 26, Delhi and Ors
- Vinod Kumar Garg v. Dy. Commissioner of Income Tax Central Circle 28, Delhi
- Vikas Promoters Private Limited v. Dy. Commissioner of Income Tax Central Circle 28, Delhi & Anr