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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

The Assistant Commissioner of Income Tax, Central Circle-2, Visakhapatnam vs. Sri Vijaya Visakha Milk Producers Company Limited, Visakhapatnam

In the result, Cross Objections filed by the assessee are dismissed as infructuous

ITA 244/VIZ/2020[2012-13]Status: DisposedITAT Visakhapatnam30 Nov 2023AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos. 243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13) Assistant Commissioner Of Vs. M/S. Sri Vijaya Visakha Milk Income Tax, Producers Company Limited, Central Circle-2, Visakhapatnam. Visakhapatnam. Pan: Aajcs 7398 P (अपीलाथ"/ Appellant) (""यथ"/ Respondent) Co Nos. 18 & 19/Viz/2023 (In आयकरअपीलसं./ I.T.A. No.243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 581E

passed U/s. 143(3) of the Income Tax Act, 1961 [the Act] for the AYs 2011-12 and 2012-13. The assessee has raised Cross Objections for the AY 2011-12 and 2012-13. Since the issues involved in both the appeals of the Revenue are identical, these appeals ... Revenue is partly allowed statistical purposes. CO Nos. 18 & 19/Viz/2023 (In I.T.A. No. 243 & 244/Viz/2020) (Assessment Year : 2011-12 & 2012-13) 19. These Cross Objections are filed by the assessee. The assessee has raised the following grounds of Cross Objection

The Assistant Commissioner of Income Tax, Central Circle-2, Visakhapatnam vs. Sri Vijaya Visakha Milk Producers Company Limited, Visakhapatnam

In the result, Cross Objections filed by the assessee are dismissed as infructuous

ITA 243/VIZ/2020[2011-12]Status: DisposedITAT Visakhapatnam30 Nov 2023AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos. 243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13) Assistant Commissioner Of Vs. M/S. Sri Vijaya Visakha Milk Income Tax, Producers Company Limited, Central Circle-2, Visakhapatnam. Visakhapatnam. Pan: Aajcs 7398 P (अपीलाथ"/ Appellant) (""यथ"/ Respondent) Co Nos. 18 & 19/Viz/2023 (In आयकरअपीलसं./ I.T.A. No.243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 581E

passed U/s. 143(3) of the Income Tax Act, 1961 [the Act] for the AYs 2011-12 and 2012-13. The assessee has raised Cross Objections for the AY 2011-12 and 2012-13. Since the issues involved in both the appeals of the Revenue are identical, these appeals ... Revenue is partly allowed statistical purposes. CO Nos. 18 & 19/Viz/2023 (In I.T.A. No. 243 & 244/Viz/2020) (Assessment Year : 2011-12 & 2012-13) 19. These Cross Objections are filed by the assessee. The assessee has raised the following grounds of Cross Objection

DCIT, Central Circle-4(3), Mumbai vs. Mangal Royal Jewels Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed and the appeal filed by the asseees is allowed

ITA 3274/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Br Baskaranshri Pavan Kumar Gadalem/S Mangal Royal Vs. Acit-Cc-1(3), Jewels Pvt Ltd. 29C, Room No.905, 9Thfoor, Shyam Kamal Co- Old Cgo Bldg,Annexe, Operative Housing M.K. Road, Society Ltd, Agarwal Mumbai-400020. Market, M.G. Road, Vile Parle (E), Mumbai-400057. Pan/Gir No. : Aaicm0846R Appellant .. Respondent Dy.Cit-Cc 4(3), Vs. M/S Mangal Royal Central Range-4, Jewels Pvt Ltd. 29C, Room No.1921, Shyam Kamal Co- 19Th Floor, Air India Operative Housing Bldg, Nariman Point, Society Ltd, Agarwal Mumbai-400021. Market, M.G. Road, Vile Parle (E), Mumbai-400057 Pan/Gir No. : Aaicm0846R Appellant .. Respondent Appellant/Respondent Mr.Poojan Mehta.Ar By : Respondent/Appellant By Mr.Prakash Kishinchandani.Dr Date Of Hearing 08.09.2023 Date Of Pronouncement 28.11.2023

Section 131Section 132Section 143(1)

reason to interfere with the order of the Ld.CIT(A) and the same is upheld. 10. The assessee filed cross objections supporting the order of the Id. CIT(A). Since, the appeal of the revenue is dismissed, the cross objection filed by the assessee becomes infructuous, hence, dismissed ... 3274/Mum/2022 Mangal Royal Jewels Pvt Ltd, Mumbai. 11. In the result, appeal of the revenue as well as the cross objection of the assessee are dismissed." 8. Learned DR reiterated the stand of the Revenue as reflected in the order of the CIT(A). 9. I have carefully considered

Mangal Royal Jewels Pvt. Ltd., Mumbai vs. ACIT, Central Circle-1(3), Mumbai

In the result, the appeal filed by the revenue is dismissed and the appeal filed by the asseees is allowed

ITA 3062/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Br Baskaranshri Pavan Kumar Gadalem/S Mangal Royal Vs. Acit-Cc-1(3), Jewels Pvt Ltd. 29C, Room No.905, 9Thfoor, Shyam Kamal Co- Old Cgo Bldg,Annexe, Operative Housing M.K. Road, Society Ltd, Agarwal Mumbai-400020. Market, M.G. Road, Vile Parle (E), Mumbai-400057. Pan/Gir No. : Aaicm0846R Appellant .. Respondent Dy.Cit-Cc 4(3), Vs. M/S Mangal Royal Central Range-4, Jewels Pvt Ltd. 29C, Room No.1921, Shyam Kamal Co- 19Th Floor, Air India Operative Housing Bldg, Nariman Point, Society Ltd, Agarwal Mumbai-400021. Market, M.G. Road, Vile Parle (E), Mumbai-400057 Pan/Gir No. : Aaicm0846R Appellant .. Respondent Appellant/Respondent Mr.Poojan Mehta.Ar By : Respondent/Appellant By Mr.Prakash Kishinchandani.Dr Date Of Hearing 08.09.2023 Date Of Pronouncement 28.11.2023

Section 131Section 132Section 143(1)

reason to interfere with the order of the Ld.CIT(A) and the same is upheld. 10. The assessee filed cross objections supporting the order of the Id. CIT(A). Since, the appeal of the revenue is dismissed, the cross objection filed by the assessee becomes infructuous, hence, dismissed ... 3274/Mum/2022 Mangal Royal Jewels Pvt Ltd, Mumbai. 11. In the result, appeal of the revenue as well as the cross objection of the assessee are dismissed." 8. Learned DR reiterated the stand of the Revenue as reflected in the order of the CIT(A). 9. I have carefully considered