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“cross objection”

AppealsSection 253(4)Section 253(4)4,331 judgments

The decision most relied on for cross objection is Sanjay Sawhney v. Principal Commissioner of Income-tax (116 Taxmann.com 701), cited in 87 judgments on BharatTax.

Leading authorities on cross objection

Sanjay Sawhney v. Principal Commissioner of Income-tax
116 Taxmann.com 701 · 2020 · High Court
87
citing judgments

Rule 27 of the ITAT Rules allows a respondent to defend a favourable order of the CIT(A) by raising grounds decided against them, even without filing an appeal or cross-objection. Such issues can be raised orally and for the first time before the Tribunal.

DCIT v. Turquoise Investment & Finance Ltd.
378 ITR 693 · 2015 · High Court
68
citing judgments

An appellate authority can admit additional grounds of appeal, especially when they are legal in nature, and allows for filing cross-objections before the Tribunal where facts are on record.

Pr. CIT v. Sun Pharmaceuticals Industries Ltd.
86 Taxmann.com 148 · 2017 · High Court
54
citing judgments

A respondent in an appeal before the Tribunal can support the order appealed against on any grounds decided against them, even without filing a cross-objection, under Rule 27 of the Income Tax Appellate Tribunal Rules.

Peter Vaz v. Commissioner of Income Tax, Central Circle, Bangalore
128 Taxmann.com 180 · 2021 · High Court
34
citing judgments

An assessee can raise an objection regarding the validity of the Assessing Officer's jurisdiction for reopening a concluded assessment even if the issue was not raised before the CIT(Appeals), by invoking Rule 27 of the Income Tax Appellate Tribunal Rules, 1963. This is permissible if the issue is ancillary to the main issue and does not require additional evidence.

Dahod Sahakari Kharid Vechan Sangh Ltd. v. CIT
282 ITR 321 · 2006 · High Court
31
citing judgments

An assessee-respondent can support an appellate order on any ground available to them, even if they haven't filed cross-objections, provided the new ground is a point of law and doesn't require fresh evidence.

Mavany Brothers v. CIT, Panjim
62 Taxmann.com 50 · 2015 · High Court
25
citing judgments

A delay in filing cross-objections can be condoned if there are bonafide reasons and no mala-fide conduct or lackadaisical approach by the assessee.

CIT v. New India Assurance Company Ltd.
234 ITR 663 · 1998 · High Court
23
citing judgments

A cross objection filed by an assessee against an order of the CIT(A) can be considered as an appeal by the assessee.

CIT(E) v. Jamiatul Banaat Tankaria
168 Taxmann.com 35 · 2024 · High Court
20
citing judgments

The Commissioner of Income-tax (Exemptions) cannot invoke Section 13(1)(b) at the stage of granting registration under Section 12AB, especially when the assessee has a valid registration. Section 13(1)(b) is only attracted after the assessee has crossed the hurdle of being eligible for exemption under Section 11 by obtaining registration.

Judgments citing cross objection

DCIT Circle-19(1), New Delhi vs. Patanjali Ayurved Ltd, New Delhi

Appeals are dismissed and CO, stand infructuous

ITA 1990/DEL/2020[2012-13]Status: DisposedITAT Delhi27 Dec 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaitas No.1988 To 1990/Del/2020 Assessment Years: 2010-11 To 2012-13 Dcit, Vs Patanjali Ayurved Ltd., Circle-19(1), 19, Rajendra Park, New Delhi. D-26, Kapashera Pushpanjali, Delhi – 110 060. Pan: Aaecp4424C Co Nos.84 & 85/Del/2023 (Ita No.1989 & 1990/Del/2020) Assessment Years: 2011-12 & 2012-13 Patanjali Ayurved Ltd., Vs. Dcit, 19, Rajendra Park, Circle-19(1), D-26, Kapashera Pushpanjali, New Delhi Delhi – 110 060. Pan: Aaecp4424C (Appellant) (Respondent) Assessee By : Shri S.S. Nagar, Advocate & Shri Gaurav Sachdeva, Ca Revenue By : Shri Javed Akhtar, Cit-Dr Date Of Hearing : 02.12.2024 Date Of Pronouncement : 27.12.2024 Order

For Appellant: Shri S.S. Nagar, Advocate &For Respondent: Shri Javed Akhtar, CIT-DR
Section 142Section 143(3)

referred to as ‘the Act’) by the ACIT, Circle-19(2), New Delhi (hereinafter referred to as the Ld. AO). The assessee has filed Cross Objections for AY 2011-12 and 2012-13. The appeals involve common question of law and facts therefore are taken up together for hearing ... years before us. Thus there is no reason to interfere in the orders of ld. CIT(A), for the respective AYs, before us. The cross-objections are consequential and supportive. So need no separate adjudication on these questions of law. 9. Appeals are dismissed and CO, stand infructuous. Order pronounced

DCIT Circle-19(1), New Delhi vs. Patanjali Ayurved Ltd, New Delhi

Appeals are dismissed and CO, stand infructuous

ITA 1988/DEL/2020[2010-11]Status: DisposedITAT Delhi27 Dec 2024AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaitas No.1988 To 1990/Del/2020 Assessment Years: 2010-11 To 2012-13 Dcit, Vs Patanjali Ayurved Ltd., Circle-19(1), 19, Rajendra Park, New Delhi. D-26, Kapashera Pushpanjali, Delhi – 110 060. Pan: Aaecp4424C Co Nos.84 & 85/Del/2023 (Ita No.1989 & 1990/Del/2020) Assessment Years: 2011-12 & 2012-13 Patanjali Ayurved Ltd., Vs. Dcit, 19, Rajendra Park, Circle-19(1), D-26, Kapashera Pushpanjali, New Delhi Delhi – 110 060. Pan: Aaecp4424C (Appellant) (Respondent) Assessee By : Shri S.S. Nagar, Advocate & Shri Gaurav Sachdeva, Ca Revenue By : Shri Javed Akhtar, Cit-Dr Date Of Hearing : 02.12.2024 Date Of Pronouncement : 27.12.2024 Order

For Appellant: Shri S.S. Nagar, Advocate &For Respondent: Shri Javed Akhtar, CIT-DR
Section 142Section 143(3)

referred to as ‘the Act’) by the ACIT, Circle-19(2), New Delhi (hereinafter referred to as the Ld. AO). The assessee has filed Cross Objections for AY 2011-12 and 2012-13. The appeals involve common question of law and facts therefore are taken up together for hearing ... years before us. Thus there is no reason to interfere in the orders of ld. CIT(A), for the respective AYs, before us. The cross-objections are consequential and supportive. So need no separate adjudication on these questions of law. 9. Appeals are dismissed and CO, stand infructuous. Order pronounced

ITO Ward - 2, Karnal vs. Hardeep Singh, Karnal

In the result, appeal of the Revenue and cross objections by the assessee are dismissed

ITA 1152/DEL/2020[2011-12]Status: DisposedITAT Delhi27 Dec 2024AY 2011-12

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1152/िद"ी/2020(िन.व. 2011-12) Income Tax Officer, ...... अपीलाथ"/Appellant Ward-2, Karnal, Haryana 132001 बनाम Vs. Hardeep Singh, S/O Jaswant Singh, Vill. Kutail, Po Darar, Karnal, Haryana 132001 ..... "ितवादी/Respondent Pan: Exups 8061 N Co No. 150/Del/2023 (A.Y.2011-12) In Ita No. 1152/Del/2020 Hardeep Singh, S/O Jaswant Singh, Vill. Kutail, Po Darar, Karnal, Haryana 132001 ...... अपीलाथ"/Appellant Pan: Exups 8061 N बनाम Vs. Income Tax Officer, ..... "ितवादी/Respondent Ward-2, Karnal, Haryana 132001 Assessee By : S/Shri Ved Jain, Aman Garg, Advocates & Ms. Uma Upadhyay, Chartered Accountant Department By: Shri Vivek Kumar Upadhyay, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 13/12/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/12/2024

For Appellant: S/Shri Ved Jain, Aman Garg, Advocates &For Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Section 143(3)Section 147Section 148

Commissioner of Income Tax (Appeals)-Karnal (hereinafter referred to as 'the CIT(A)’) dated 24.01.2020, for assessment year 2011-12. The assessee has filed Cross Objections in the said appeal by Revenue. 2. The facts of the case as emanating from records are; Notice u/s. 148 of Income ... hence, appeal of Revenue is dismissed. 9 ITA No. 1152/Del/2020 & CO 15/Del/2023 (AY 2011-12) 10. The assessee has filed cross objections supporting the order of CIT(A). Since, we have dismissed appeal of the Revenue, the cross objections filed by the assessee have become infructuous and the same