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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

DCIT, Circle-11(1), New Delhi vs. Hero Investment Pvt. Ltd. (Now Amalgamated Into M/S. Hero Motocorp Ltd.), Ludhiana

ITA 8316/DEL/2018[2012-13]Status: DisposedITAT Delhi13 Oct 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarआ.अ.सं/.I.T.A No.8316/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 बनाम Dcit Hero Investment Pvt. Ltd. Circle-11(1), Vs. (Now Amalgamated Into M/S New Delhi. Hero Motocorp Ltd.), G.T. Road, Hero Nagar, Ludhiana, Punjab. Pan No.Aaach4072N अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No. 30/Del/2022 (In I.T.A No.8316/Del/2018) िनधा"रणवष"/Assessment Year: 2012-13 बनाम Hero Investment Pvt. Ltd. Dcit (Now Amalgamated Into M/S Vs. Circle-11(1), Hero Motocorp Ltd.), New Delhi. G.T. Road, Hero Nagar, Ludhiana, Punjab. Pan No.Aaach4072N अपीलाथ" Appellant ""यथ"/Respondent

amalgamated into M/s New Delhi. Hero Motocorp Ltd.), G.T. Road, Hero Nagar, Ludhiana, Punjab. PAN No.AAACH4072N अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No. 30/Del/2022 (In I.T.A No.8316/Del/2018) िनधा"रणवष"/Assessment Year: 2012-13 बनाम Hero Investment Pvt. Ltd. DCIT (Now amalgamated into M/s Vs. Circle-11(1), Hero Motocorp ... षणाक"तारीख/Pronouncement on I.T.A. No. 8316/Del/2018 & CO No.30/Del/2022 आदेश /O R D E R PER C.M. GARG, J.M. The appeal and cross objection were filed by the Revenue and assessee respectively against the order of the Ld. Commissioner of Income Tax (Appeals)-2, Ludhiana dated

The Deputy Commissioner of Income Tax, Circle-1, Udupi. vs. M/S Syndicate Bank, Udupi

In the result, the appeal filed by the Revenue stands dismissed

ITA 337/PAN/2016[2002-03]Status: DisposedITAT Panaji09 Oct 2023AY 2002-03

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.337/Pan/2016 िनधा"रण वष" / Assessment Year : 2002-03 Dcit, Circle-1, Udupi. Vs. M/S. Syndicate Bank, Central Accounts Department, Tax Cell, Head Officer, Manipal. Pan : Aaccs4699E Appellant Respondent C.O. No.01/Pan/2023 (Arising Out Of Ita No.337/Pan/2016) िनधा"रण वष" / Assessment Year : 2002-03 Canara Bank (Erstwhile Vs. Dcit, Circle-1, Udupi. Syndicate Bank), F.M. Wing, Head Office, 112, J. C. Road, Bengaluru- 560002. Pan : Aaacc6106G Appellant Respondent Revenue By : Smt. Ashwini D. Hosmani Assessee By : Shri S. Ananthan Smt. S. Lalitha R. Date Of Hearing : 07.09.2023 Date Of Pronouncement : 09.10.2023

For Appellant: Shri S. AnanthanFor Respondent: Smt. Ashwini D. Hosmani
Section 115JSection 143(3)Section 14ASection 244A

directed against the order of ld. Commissioner of Income Tax (Appeals), Mangalore [‘the CIT(A)’] dated 20.09.2016 for the assessment year 2002-03. The Cross Objection filed by the assessee against the appeal of the Revenue. 3. Briefly, the facts of the case are that the assessee is a nationalized ... Revenue stands dismissed. 6 C.O. No.01/PAN/2023 9. In the result, the appeal filed by the Revenue stands dismissed. C.O. No.01/PAN/2023 – By Assessee : 10. The Cross Objection filed by the assessee is dismissed, as the relief sought by the assessee that the assessee company is not liable to tax on book

ACIT(OSD), Ward-22(1), New Delhi vs. S.S. Gas Lab Asia P. Ltd., Delhi

In the result, cross objection of the assessee is allowed and appeal of the revenue is dismissed

ITA 3246/DEL/2019[2008-09]Status: DisposedITAT Delhi05 Oct 2023AY 2008-09

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaacit(Osd), Vs. S. S. Gas Lab Asia P. Ltd, Ward-22(1), A-6/3, Jhilmil Industrial Area, New Delhi Shahdara, Delhi (Appellant) (Respondent) Pan: Aakcs1928C Co No. 54/Del/2023 (In Ita No. 3246/Del/2019) (Assessment Year: 2008-09) Acit(Osd), Vs. S. S. Gas Lab Asia P. Ltd, Ward-22(1), A-6/3, Jhilmil Industrial Area, New Delhi Shahdara, Delhi (Appellant) (Respondent) Pan: Aakcs1928C Assessee By : Shri Sanjay Kumar Bindal, Ca Revenue By: Shri Anuj Garg, Sr. Dr Date Of Hearing 03/10/2023 Date Of Pronouncement 05/10/2023 O R D E R Per M. Balaganesh, A. M.: 1. The Appeal In Ita No. 3246/Del/2019 Filed By The Revenue & Co No. 54/Del/2023 387/Del/2021 Filed By The Assessee For Ay 2008-09, Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-8, New Delhi [Hereinafter Referred To As „Ld. Cit(A)‟, In Short] In Appeal No. 10208/16-17 Dated 08.02.2019 Against The Order Of Assessment Passed U/S 147/143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 09.03.2016 By The Assessing Officer, Ito, Ward-22(1), New Delhi (Hereinafter Referred To As „Ld. Ao‟).

For Appellant: Shri Sanjay Kumar Bindal, CAFor Respondent: Shri Anuj Garg, Sr. DR
Section 10BSection 139(1)Section 139(5)Section 143(3)Section 147Section 148

assessee although the assessee has not carried out any manufacturing activity.” 3. The assessee has raised the following grounds in cross objection:- “1. The CIT (Appeal) erred in law and on facts in not adjudicating the grounds taken regarding reopening of the assessment by issuing notice ... failure of the assessee to disclose fully and truly all material facts necessary for its assessment.” 4. At the outset, we find that the cross objection preferred by the assessee is delayed by 1168 days. The ld AR submitted that Form 36 filed by the Revenue was not served