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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

Assistant Commissioner of Income Tax, Cuddalore vs. Cholaji Kanniyalal, Kamaraj Street, Villupuram

In the result, appeal filed by the revenue is dismissed and cross objection filed by the assessee is dismissed

ITA 1674/CHNY/2024[2017-18]Status: DisposedITAT Chennai28 Nov 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1674/Chny/2024 & Co No.: 51/Chny/2024 िनधा"रणवष" / Assessment Year: 2017-18 Assistant Commissioner Of Cholaji Kanniyalal, Income Tax, V. No. 191, Kamaraj Street, Circle -1, Villupuram, Cuddalore – 607 002. Tamil Nadu – 605 602. [Pan: Aaepk-4555-E] (अपीलाथ"/Appellant) (Respondent/Cross Objector) Assessee By : Ms. Gouthami Manivasagam, Jcit Department By : Ms. Nidhi D. Jain, Ca सुनवाई की तारीख/Date Of Hearing : 02.09.2024 घोषणा की तारीख/Date Of Pronouncement : 28.11.2024

For Appellant: Ms. Gouthami Manivasagam, JCITFor Respondent: Ms. Nidhi D. Jain, CA
Section 139(1)Section 44ASection 68

तारीख/Date of Pronouncement : 28.11.2024 आदेश /O R D E R PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER: This appeal filed by the revenue and cross objection filed by the assessee are directed against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi ... Ld.CIT(A), the CO filed by the assessee is dismissed as infructuous. 20. In the result, appeal filed by the revenue is dismissed and cross objection filed by the assessee is dismissed. Order pronounced in the court on 28th November, 2024 at Chennai. (एस. आर. रघुनाथा) (एस एस िव"ने

ACIT, Circle-13(1), New Delhi vs. Kamdhenu Ltd, New Delhi

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

ITA 1311/DEL/2023[2018-19]Status: DisposedITAT Delhi27 Nov 2024AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.Acit, Circle-13(1), Vs. M/S Kamdhenu Limited, New Delhi L-311, Khasra No. 724, Street No. 7, Mahipalpur Extension, New Delhi – 110 037. (Pan : Aaack7155M) Co No.24/Del/2024 (In Ita No.1311/Del/2023) (Assessment Year: 2018-19) M/S Kamdhenu Limited, Vs. Acit, Circle 13(1), L-311, Khasra No. 724, New Delhi Street No. 7, Mahipalpur Extension, New Delhi – 110 037 (Pan : Aaack7155M) (Appellant) (Respondent) Assessee By : Shri Sanjay Garg, Ca, Shri Udyan Garg, Ca, Shri Akarsh Garg, Advocate Shri Harish Aggarwal, Cfo Revenue By : Shri Dayainder Singh Sidhu, Cit (Dr) Date Of Hearing : 16.10.2024 Date Of Order : 27.11.2024 O R D E R Per S. Rifaur Rahman,Am:

For Appellant: Shri Sanjay Garg, CAFor Respondent: Shri Dayainder Singh Sidhu, CIT (DR)
Section 143Section 145(2)Section 145(3)

Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), New Delhi [hereinafter referred to ‘Ld. CIT (A)’] dated 29.3.2023 and assessee has also filed cross objection for Assessment Year 2018-19. 2. Brief facts of the case are, the assessee filed its return of income on 29.09.2018 declaring total income ... Revenue are dismissed. 16. Since we have already decided the issue in favour of the assessee, we are not inclined to adjudicate cross objections filed by the assessee. 17. In the result, the appeal filed by the Revenue and cross objections filed by the assessee are dismissed. Order pronounced

ACIT, Central Circle-1(1), Ahmedabad vs. M/S. Blueray Trading Pvt Ltd., Maharastra

The appeal of the Revenue is allowed for statistical purpose, whereas the CO filed by the assessee is dismissed

ITA 2212/AHD/2018[2010-11]Status: DisposedITAT Ahmedabad26 Nov 2024AY 2010-11

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarwith Co No. 144/Ahd/2019 िनधा"रण वष"/Assessment Year: 2010-11 Vs. M/S. Blueray Trading Pvt. Ltd., Asst. Commissioner Of 306, Snehdisha, Parab Wadi, Income-Tax, Highway Road, Thane, Central Circle 1(1), Maharashtra Ahmedabad Pan : Aafcm 8859 D अपीलाथ"/ "" यथ"/ (Respondent & Cross-Objector) (Appellant) Assessee By : Shri K.C. Thaker, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 17.10.2024 घोषणा की तारीख /Date Of Pronouncement: 26.11.2024

For Appellant: Shri K.C. Thaker, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 250Section 68

Pronouncement: 26.11.2024 आदेश/O R D E R PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER: The present appeal filed by the Revenue and the corresponding Cross-objection thereof filed by the assessee are directed against the order of the learned Commissioner of Income-Tax (Appeals)-11, Ahmedabad [hereinafter referred ... adjudicate it afresh. 20. The appeal of the Revenue is allowed for statistical purposes. 21. We shall now be dealing with the assessee’s cross objection. CO No.144/Ahd/2019 22. The assessee in its cross-objection filed before us has raised the following grounds: “1. The Ld. CIT(A)-11, Ahmedabad

Deputy Commissioner of Income Tax, Circle-1(1), New Delhi vs. Acb (India) Power Limited, North West Delhi

In the result, the appeal filed by the Revenue and cross objections filed by the assessee is dismissed

ITA 2294/DEL/2024[2017]Status: DisposedITAT Delhi26 Nov 2024

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember Dcit, Circle 1 (1), Vs. Acb (India) Power Limited, Delhi. North West Delhi, C-102, Lgf Surya Enclave, New Multan Nagar, B.O. New Multan Nagar Village, Delhi – 110 056. (Pan: Aaica7305D) Co No.68/Del/2024 (In Ita No.2294/Del/2024) (Assessment Year : 2017-18) Acb (India) Power Limited, Vs. Dcit, Circle 1 (1), North West Delhi, Delhi. C-102, Lgf Surya Enclave, New Multan Nagar, B.O. New Multan Nagar Village, Delhi – 110 056. (Pan: Aaica7305D) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Ms. Ananya Kapoor, Advocate Shri Tarun Chanana, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 19.09.2024 Date Of Order : 26.11.2024

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 14Section 143(2)Section 14A

Order : 26.11.2024 2 CO No.68/Del/2024 O R D E R PER S. RIFAUR RAHMAN, AM : 1. This appeal filed by the Revenue and cross objections filed by the assessee are filed against the order of ld. Commissioner of Income-tax (Appeals) / National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred ... case and allowed the appeal of the assessee. He prayed that the same may be considered and further submitted that assessee has filed cross objections in support of the findings of the ld. CIT (A). 8. Considered the rival submissions and material available on record. We observed that Assessing Officer