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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

ACIT, Centrl Circle, Ghaziabad vs. Anu Bajaj, Ghaziabad

In the result, the appeal of the revenue is dismissed and the Cross Objection of the assessee is dismissed

ITA 1943/DEL/2023[2018-19]Status: DisposedITAT Delhi19 Jan 2024AY 2018-19

Bench: Shri Saktijit Dey & Shri M. Balaganeshacit, Vs. Anu Bajaj, Central Circle, House No. 21, Ghaziabad Sector-5, Raj Kumar, Ghaziabad (Appellant) (Respondent) Pan: Aekpb5893G Co No. 83/Del/2023 (In Ita No. 1943/Del/2023) (Assessment Year: 2018-19) Anu Bajaj, Vs. Acit, House No. 21, Central Circle, Sector-5, Raj Kumar, Ghaziabad Ghaziabad (Appellant) (Respondent) Pan: Aekpb5893G Assessee By : Shri Somil Agarwal, Adv Shri Deepesh Garg, Adv Shri Shrey Jain, Adv Revenue By: Shri Zafarul Haque Tanweer, Cit Dr Date Of Hearing 17/01/2024 Date Of Pronouncement 19/01/2024

For Appellant: Shri Somil Agarwal, AdvFor Respondent: Shri Zafarul Haque Tanweer, CIT DR
Section 127Section 132Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

BALAGANESH, A. M.: 1. This appeal in ITA No. 1943/Del/2023 is filed by the revenue and the cross objection No. 83/Del/2023 for A.Y. 2018-19 arises out of the order by ld CIT(A)-3, Noida in appeal No. CIT(A)-IV/KNP/11075/2017-18 dated 28.04.2023 (hereinafter referred ... granted to the assessee by dismissing the revenue’s appeal on merits, the legal and factual grounds raised by the assessee in the cross objections are hereby dismissed as infructuous. 10. In the result, the appeal of the revenue is dismissed and the Cross Objection of the assessee is dismissed