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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

Deputy Commissioner of Income Tax, Aurangabad vs. Rajuri Steel and Tmt Bars Pvt. Ltd., Jalna

In the result, the appeal of the Revenue in ITA

ITA 1298/PUN/2024[2014-15]Status: DisposedITAT Pune12 Nov 2024AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1298/Pun/2024 िनधा"रण वष" / Assessment Year: 2014-15 Dcit, Central Circle-2, Vs. Rajuri Steel & Tmt Aurangabad. Bars Pvt. Ltd., Plot No.F-16-17 & Gut No.49, 51 & 52, Additional Midc, Phase- Ii, Daregaon, Jalna- 431203. Pan : Aaics2970E Appellant Respondent C.O. No.32/Pun/2024 (Arising Out Of Ita No.1298/Pun/2024) िनधा"रण वष" / Assessment Year: 2014-15 Rajuri Steel & Tmt Bars Vs. Dcit, Central Circle-2, Pvt. Ltd., Aurangabad. Plot No.F-16-17 & Gut No.49, 51 & 52, Additional Midc, Phase-Ii, Daregaon, Jalna- 431203. Pan : Aaics2970E Appellant Respondent Revenue By : Shri Ajay Kumar Keshari Assessee By : Shri B. D. Bhide Date Of Hearing 05.11.2024 : Date Of Pronouncement : 12.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 07.03.2024 Passed By Ld. Cit(A)-12, Pune [‘Ld. Cit(A)’]

For Appellant: Shri B. D. BhideFor Respondent: Shri Ajay Kumar Keshari
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

passed by LD. CIT(A)-12, Pune [‘Ld. CIT(A)’] 2 C.O. No.32/PUN/2024 for the assessment year 2014-15. The assessee is also in cross objection bearing Cross Objection No.32/PUN/2024. 2. The facts of the case, in brief, are that the assessee is a private limited company filed its original ... Revenue is allowed & matter is restored back to the file of the Assessing Officer for de novo 10 C.O. No.32/PUN/2024 reassessment afresh, therefore, present cross objection filed by the assessee becomes infructuous. Therefore, cross objection filed by the assessee stands dismissed. 10. To sum up, the appeal filed

ACIT, Central Circle-1, Noida vs. Amarpreet Anand, Chandigarh

ITA 1040/DEL/2022[2010-11]Status: DisposedITAT Delhi12 Nov 2024AY 2010-11

Bench: Shri Pradip Kumar Kedia & Shri Sudhir Kumaracit, Vs. Amarpreet Anand Central Circle-1, 1155, Sector-34C, Chandigarh, Income Tax Office, 2Nd Floor, Arto Complex, Sector-33, Noida, Pan No.Abzpa4892Q Uttar Pradesh. (Appellant) (Respondent) & Cross Objection No.63/Del/2023 (In Ita No.1040/Del/2022) (Assessment Year: 2010-2011) Amarpreet Anand Vs. Acit, 1155, Sector-34C, Central Circle-1, Chandigarh, Income Tax Office, 2Nd Floor, Arto Complex, Sector-33, Noida, Pan No.Abzpa4892Q Uttar Pradesh. (Appellant) (Respondent) Assessee By Shri Akhilesh Kumar, Adv. & Shri Vipin Garg, Adv. Revenue By Ms. Sapna Bhatia, Cit Dr Date Of Hearing: 25.09.2024 Date Of Pronouncement: 12.11.2024 O R D E R Per Pradip Kumar Kedia, Am:

Anand Central Circle-1, 1155, Sector-34C, Chandigarh, Income Tax Office, 2nd Floor, ARTO Complex, Sector-33, Noida, PAN No.ABZPA4892Q Uttar Pradesh. (APPELLANT) (RESPONDENT) & Cross Objection No.63/Del/2023 (In ITA No.1040/Del/2022) (Assessment Year: 2010-2011) Amarpreet Anand Vs. ACIT, 1155, Sector-34C, Central Circle-1, Chandigarh, Income Tax Office, 2nd Floor ... certain property and found in the search action under s. 69A of the Act was reversed and cancelled. 3. The Assessee, as per its cross objection, has also assailed the first appellate order on account of certain enhancements made therein. The grounds of cross objections are reproduced hereunder: - 1. “Because