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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, Nungambakkam Chennai vs. Cholamandalam Ms General Insurance Company Limited, Chennai

ITA 1437/CHNY/2024[2009-10]Status: DisposedITAT Chennai06 Nov 2024AY 2009-10

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. R. Raghunatha, Hon'Bleआयकरअपीलसं./Ita No.: 1437/Chny/2024 & Co No.: 46/Chny/2024 निर्धारणवर्ष / Assessment Year: 2009-10 The Deputy Commissioner M/S. Cholamandalam Ms Of Income Tax, V. General Insurance Company Non-Corporate Circle -8, Limited, Room No. 507, 5Th Floor, No.2, Dare House, Chenai Annexe Building, G.P.O., Parrys, No. 121, M.G. Road, Chennai - 600 001. Chennai - 600 034. [Pan:Aabcc-6633-K] (अपीलार्थी/Appellant) (Respondent/Cross Objector) Assessee By : Ms. Kamakshi, Advocate For Mr. Sandeepbagmar, Advocate Department By : Mr.Nilaybaransom, Cit सुनवाई की तारीख/Date Of Hearing : 09.08.2024 घोषणा की तारीख/Date Of Pronouncement : 06.11.2024 आदेश / Order Per S. R. Raghunatha: This Appeal Filed By The Revenue & Cross Objection Filed By The Assessee Aredirected Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 07.03.2024 & Pertains To Assessment Year 2009-10. 2. The Revenue Has Raised The Following Grounds Of Appeal: 1. The Order Of The Learned Commissioner Of Income Tax (A) In

For Appellant: Ms. Kamakshi, Advocate forFor Respondent: Mr.NilayBaranSom, CIT
Section 143(2)Section 143(3)Section 148Section 40

Hearing : 09.08.2024 घोषणा की तारीख/Date of Pronouncement : 06.11.2024 आदेश / ORDER PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER: This appeal filed by the revenue and cross objection filed by the assessee aredirected against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated ... leave to add or amend any ground of appeal before it is finally disposed off. 3. The Assessee has raised the following grounds of Cross objections: “The cross objections stated herein are without prejudice to each other. Issue 1-Jurisdiction for reopening assessment 1. The order of the Learned Assessing

Asstt. CIT Central Circle-2, Kanpur vs. Zain Alam, Kanpur

Appeals of the Department stand dismissed, whereas the five Cross Objections filed by the assessee stand allowed

ITA 237/LKW/2022[2019-20]Status: DisposedITAT Lucknow29 Oct 2024AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. Tabrez Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0261A (Appellant) (Respondent) C.O. No.06/Lkw/2023 [In Ita No.233/Lkw/2022] Assessment Year: 2019-20 Tabrez Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Aarpa0261A (Cross Objector) (Respondent) Assessment Year: 2019-20 The Acit V. Mehtab Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0259L (Appellant) (Respondent) C.O. No.07/Lkw/2023 [In Ita No.234/Lkw/2022] Assessment Year: 2019-20 Mehtab Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Bezps4971J

Section 127Section 132Section 143(3)Section 271ASection 69

No.233, 234, 235, 236 & 237/LKW/2022 C.O. No.06, 07, 08, 09 & 10/LKW/2023 Page 4 of 13 2. All the assessees have preferred cross-objections. 3. Since the issue involved in all the five appeals preferred by the Revenue are common, the facts are being taken from ITA No.233/LKW/2022 in the case ... other more grounds of appeal as stated above as and when needs for doing so may earliest. 8. Similarly, the assessees have filed cross objections in the above appeals only supporting the orders of the ld. CIT(A). The common grounds of appeal raised by the assessees are as under

Asstt.CIT, Central Circle-2, Kanpur vs. Zaina Fatima Ahmad, Kanpur

Appeals of the Department stand dismissed, whereas the five Cross Objections filed by the assessee stand allowed

ITA 236/LKW/2022[2019-20]Status: DisposedITAT Lucknow29 Oct 2024AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. Tabrez Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0261A (Appellant) (Respondent) C.O. No.06/Lkw/2023 [In Ita No.233/Lkw/2022] Assessment Year: 2019-20 Tabrez Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Aarpa0261A (Cross Objector) (Respondent) Assessment Year: 2019-20 The Acit V. Mehtab Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0259L (Appellant) (Respondent) C.O. No.07/Lkw/2023 [In Ita No.234/Lkw/2022] Assessment Year: 2019-20 Mehtab Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Bezps4971J

Section 127Section 132Section 143(3)Section 271ASection 69

No.233, 234, 235, 236 & 237/LKW/2022 C.O. No.06, 07, 08, 09 & 10/LKW/2023 Page 4 of 13 2. All the assessees have preferred cross-objections. 3. Since the issue involved in all the five appeals preferred by the Revenue are common, the facts are being taken from ITA No.233/LKW/2022 in the case ... other more grounds of appeal as stated above as and when needs for doing so may earliest. 8. Similarly, the assessees have filed cross objections in the above appeals only supporting the orders of the ld. CIT(A). The common grounds of appeal raised by the assessees are as under

Asstt.CIT, Central Circle-2, Kanpur vs. Shaheen Rabia, Kanpur

Appeals of the Department stand dismissed, whereas the five Cross Objections filed by the assessee stand allowed

ITA 235/LKW/2022[2019-20]Status: DisposedITAT Lucknow29 Oct 2024AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. Tabrez Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0261A (Appellant) (Respondent) C.O. No.06/Lkw/2023 [In Ita No.233/Lkw/2022] Assessment Year: 2019-20 Tabrez Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Aarpa0261A (Cross Objector) (Respondent) Assessment Year: 2019-20 The Acit V. Mehtab Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0259L (Appellant) (Respondent) C.O. No.07/Lkw/2023 [In Ita No.234/Lkw/2022] Assessment Year: 2019-20 Mehtab Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Bezps4971J

Section 127Section 132Section 143(3)Section 271ASection 69

No.233, 234, 235, 236 & 237/LKW/2022 C.O. No.06, 07, 08, 09 & 10/LKW/2023 Page 4 of 13 2. All the assessees have preferred cross-objections. 3. Since the issue involved in all the five appeals preferred by the Revenue are common, the facts are being taken from ITA No.233/LKW/2022 in the case ... other more grounds of appeal as stated above as and when needs for doing so may earliest. 8. Similarly, the assessees have filed cross objections in the above appeals only supporting the orders of the ld. CIT(A). The common grounds of appeal raised by the assessees are as under

Asstt. CIT, Central Circle-2, Kanpur vs. Mehtab Alam, Kanpur

Appeals of the Department stand dismissed, whereas the five Cross Objections filed by the assessee stand allowed

ITA 234/LKW/2022[2019-20]Status: DisposedITAT Lucknow29 Oct 2024AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. Tabrez Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0261A (Appellant) (Respondent) C.O. No.06/Lkw/2023 [In Ita No.233/Lkw/2022] Assessment Year: 2019-20 Tabrez Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Aarpa0261A (Cross Objector) (Respondent) Assessment Year: 2019-20 The Acit V. Mehtab Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0259L (Appellant) (Respondent) C.O. No.07/Lkw/2023 [In Ita No.234/Lkw/2022] Assessment Year: 2019-20 Mehtab Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Bezps4971J

Section 127Section 132Section 143(3)Section 271ASection 69

No.233, 234, 235, 236 & 237/LKW/2022 C.O. No.06, 07, 08, 09 & 10/LKW/2023 Page 4 of 13 2. All the assessees have preferred cross-objections. 3. Since the issue involved in all the five appeals preferred by the Revenue are common, the facts are being taken from ITA No.233/LKW/2022 in the case ... other more grounds of appeal as stated above as and when needs for doing so may earliest. 8. Similarly, the assessees have filed cross objections in the above appeals only supporting the orders of the ld. CIT(A). The common grounds of appeal raised by the assessees are as under

Asstt. CIT, Central Circle-2, Kanpur vs. Tabrez Alam, Kanpur

Appeals of the Department stand dismissed, whereas the five Cross Objections filed by the assessee stand allowed

ITA 233/LKW/2022[2019-20]Status: DisposedITAT Lucknow29 Oct 2024AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. Tabrez Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0261A (Appellant) (Respondent) C.O. No.06/Lkw/2023 [In Ita No.233/Lkw/2022] Assessment Year: 2019-20 Tabrez Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Aarpa0261A (Cross Objector) (Respondent) Assessment Year: 2019-20 The Acit V. Mehtab Alam Central Circle – 2 16B/4E, Sultan Tanners Kanpur Compound Jajmau, Kanpur Tan/Pan:Aarpa0259L (Appellant) (Respondent) C.O. No.07/Lkw/2023 [In Ita No.234/Lkw/2022] Assessment Year: 2019-20 Mehtab Alam V. The Acit 16B/4E, Sultan Tanners Central Circle – 2 Compound Kanpur Jajmau, Kanpur Tan/Pan: Bezps4971J

Section 127Section 132Section 143(3)Section 271ASection 69

No.233, 234, 235, 236 & 237/LKW/2022 C.O. No.06, 07, 08, 09 & 10/LKW/2023 Page 4 of 13 2. All the assessees have preferred cross-objections. 3. Since the issue involved in all the five appeals preferred by the Revenue are common, the facts are being taken from ITA No.233/LKW/2022 in the case ... other more grounds of appeal as stated above as and when needs for doing so may earliest. 8. Similarly, the assessees have filed cross objections in the above appeals only supporting the orders of the ld. CIT(A). The common grounds of appeal raised by the assessees are as under

Assistant Commissioner of Income Tax Corporate Circle 1 1, Chennai vs. Capital First Limited(Merged With Idfc First Bank Limited), Chennai

In the result, both the appeal filed by the Revenue and the Cross

ITA 1692/CHNY/2024[2017-18]Status: DisposedITAT Chennai29 Oct 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1692/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 & C.O. No. 63/Chny/2024 [In I.T.A. No. 1692/Chny/2024] The Assistant Commissioner Of Vs. Capital First Limited (Merged With Income Tax, Idfc Bank Limited), Kpm Tower, 7Th Floor, No. 1, Harrington Road, Corporate Circle 11, Chennai. Chetpet, Chennai 600 031. [Pan:Aacck6863C] (अपीलाथ"/Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri M. Rajan, Cit Assessee By : Shri Ketan K. Ved, C.A. सुनवाई की तारीख/ Date Of Hearing : 23.10.2024 घोषणा की तारीख /Date Of Pronouncement : 29.10.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 14.03.2024 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. Since, The Issues Raised In The Revenue’S Appeal & The Cross Objections Of The Assessee Are Similar & Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To Hear The Appeal

For Appellant: Shri Ketan K. Ved, C.AFor Respondent: Shri M. Rajan, CIT
Section 115JSection 143(3)Section 147Section 148

National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2017-18. 2. Since, the issues raised in the Revenue’s appeal and the Cross Objections of the assessee are similar and based on the same identical facts, with the consent of both the parties, we proceed to hear ... appeal 2 I.T.A. No.1692/Chny/24 & C.O. No. 63/Chny/24 and Cross Objections together and pass consolidated order for the sake of convenience. 3. We find that this appeal was filed with a delay of 24 days. The Appellant-Revenue filed an affidavit stating reasons for the said delay. On perusal