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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, New Delhi vs. M/S. Met Trade India Ltd., New Delhi

ITA 3671/DEL/2012[2006-07]Status: DisposedITAT Delhi31 Jul 2023AY 2006-07

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2006-07 The Dcit, Circle-6(1), New Delhi M/S. Met Trade India Ltd., 138-139, Near Bharti Petrol Pump, Vs. Main Road, Ghazipur, Delhi 110096 Pan Aaacm 8484 F (Appellant) (Respondent) Co No. 317/Del/2012 In Ita No. 3671/Del/212 Assessment Year: 2006-07 M/S. Met Trade India Ltd., The Dcit, Circle-6(1), New Delhi 138-139, Near Bharti Petrol Pump, Main Road, Ghazipur, Delhi 110096 Vs. Pan Aaacm 8484 F (Appellant) (Respondent) For Revenue: Ms. Samita Singh, Sr. Dr For Assessee : Shri Abhishek Mathur, Ca Date Of Hearing : 11.07.2023 Date Of Pronouncement : 31.07.2023 Corrigendum Order Per Chandra Mohan Garg, J.M. Above Captioned Appeal Of Revenue & Cross Objection Of Assessee Have Been Filed Against The Order Of Cit(A)-Ix, New Delhi Dated 28.03.2012 For 2006-07. 2. The Order Was Passed In Revenue Appeal In Ita No. 3671/Del/2012 For Ay 2006- 07 On 25.07.2023 Dismissing The Appeal Of Revenue In Limine With A Liberty To File It Again To Seek Remedial Measures In Accordance With Law. Co No. 317/Del/2012

For Appellant: Shri Abhishek Mathur, CAFor Respondent: Ms. Samita Singh, Sr. DR

Abhishek Mathur, CA Date of Hearing : 11.07.2023 Date of Pronouncement : 31.07.2023 CORRIGENDUM ORDER PER CHANDRA MOHAN GARG, J.M. Above captioned appeal of revenue and cross objection of assessee have been filed against the order of CIT(A)-IX, New Delhi dated 28.03.2012 for 2006-07. 2. The order was passed ... revenue in limine with a liberty to file it again to seek remedial measures in accordance with law. CO No. 317/Del/2012 3. The cross objection of assessee remained un-adjudicated in the said order therefore this corrigendum order is being passed. As agreed by ld. representative both the sides

Asstt. Commissioner of Income Tax Central Circle-2(2), Nagpur vs. M/S. R.B.Seth Shreeram Narsingdas, Nagpur

In the result, the appeal filed by the Revenue in ITA

ITA 36/NAG/2018[2014-2015]Status: DisposedITAT Nagpur31 Jul 2023AY 2014-2015

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.36/Nag/2018 िनधा"रण वष" / Assessment Year : 2014-15 Acit, Central Circle-2(2), Vs. M/S. R.B. Seth Shreeram Nagpur. Narsingdas, Flat No.C-2, Yogeshwar Ganga Apartment, Ramdaspeth, Nagpur- 440025. Pan : Aacfr0227N Appellant Respondent C.O. No.05/Nag/2018 (Arising Out Of Ita No.36/Nag/2018) िनधा"रण वष" / Assessment Year : 2014-15 M/S. R.B. Seth Shreeram Vs. Acit, Central Circle- Narsingdas, 2(2), Nagpur. Flat No.C-2, Yogeshwar Ganga Apartment, Ramdaspeth, Nagpur- 440025. Pan : Aacr0227N Revenue By : Smt. Rashmi Mathur Assessee By : Shri Sudesh Bandhia Date Of Hearing : 20.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-3, Nagpur [‘The 2 C.O. No.05/Nag/2018 Cit(A)’] Dated 28.12.2017 For The Assessment Year 2014-15. The Cross Objection Filed By The Assessee Against The Appeal Of The Revenue.

For Appellant: Shri Sudesh BandhiaFor Respondent: Smt. Rashmi Mathur
Section 143(3)Section 37Section 37(1)

Commissioner of Income Tax (Appeals)-3, Nagpur [‘the 2 C.O. No.05/NAG/2018 CIT(A)’] dated 28.12.2017 for the assessment year 2014-15. The Cross Objection filed by the assessee against the appeal of the Revenue. ITA No.36/NAG/2018 – By Revenue : 2. Briefly, the facts of the case are that the assessee ... result, the appeal filed by the Revenue in ITA No.36/NAG/2018 stands allowed. C. O. No.05/NAG/2018 – By Assessee : 8. Since the present Cross Objection filed by the assessee only in support of the order of the ld. CIT(A) and the order the ld. CIT(A) is quashed and the assessment

Asstt. Commissioner of Income Tax Central Circle-2(2), Nagpur vs. M/S R.B. Seth Shreeram Narsingdas, Nagpur

In the result, the appeal filed by the Revenue in ITA

ITA 35/NAG/2018[2013-2014]Status: DisposedITAT Nagpur31 Jul 2023AY 2013-2014

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.35/Nag/2018 िनधा"रण वष" / Assessment Year : 2013-14 Acit, Central Circle-2(2), Vs. M/S. R.B. Seth Shreeram Nagpur. Narsingdas, Flat No.C-2, Yogeshwar Ganga Apartment, Ramdaspeth, Nagpur- 440025. Pan : Aacfr0227N Appellant Respondent C.O. No.04/Nag/2018 (Arising Out Of Ita No.35/Nag/2018) िनधा"रण वष" / Assessment Year : 2013-14 M/S. R.B. Seth Shreeram Vs. Acit, Central Circle- Narsingdas, 2(2), Nagpur. Flat No.C-2, Yogeshwar Ganga Apartment, Ramdaspeth, Nagpur- 440025. Pan : Aacfr0227N Revenue By : Smt. Rashmi Mathur Assessee By : Shri Sudesh Bandhia Date Of Hearing : 20.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-3, Nagpur [‘The Cit(A)’] Dated 28.12.2017 For The Assessment Year 2013-14. The 2 C.O. No.04/Nag/2018 Cross Objection Filed By The Assessee Against The Appeal Of The Revenue.

For Appellant: Shri Sudesh BandhiaFor Respondent: Smt. Rashmi Mathur
Section 268A(1)

Commissioner of Income Tax (Appeals)-3, Nagpur [‘the CIT(A)’] dated 28.12.2017 for the assessment year 2013-14. The 2 C.O. No.04/NAG/2018 Cross Objection filed by the assessee against the appeal of the Revenue. ITA No.35/NAG/2018 – By Revenue : 2. It is stated before us that the tax effect ... stands dismissed. C. O. No.04/NAG/2018 – By Assessee : 4. Since the appeal filed by the Revenue is dismissed on account of low tax effect, the Cross Objection filed by the assessee becomes infructuous. Thus, the Cross Objection in C.O. No.04/NAG/2018 filed by the assessee stands dismissed

Garv Associates, Faridabad vs. ITO Ward-1(3), Faridabad

In the result, the appeal of the assessee is partly allowed

ITA 1267/DEL/2023[2012-13]Status: DisposedITAT Delhi28 Jul 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kediaassessment Year: 2012-13 M/S. Garv Associates, Ito Ward -1(3), Faridabad B/105, Green Field Colony, Sarai Khawaja, Faridabad, Haryana 121010 Vs. Pan Aajfg 5926 E (Appellant) (Respondent) For Assessee : Shri Dinesh Kumar Aggarwal, Ca Revenue For : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.06.2023 Date Of Pronouncement : 28.07.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Ld. Nfac, New Delhi Dated 08.03.2023 For Ay 2012-13. 2. The Ld. Assessee’S Representative Submitted That The Assessee, Except Ground No. 10, Does Not Want To Press Other Grounds Of Appeal Hence, Other Grounds Of Appeal Are Dismissed. Remaining Sole Effective Ground No. 10 Reads As Follows:- 10) The Ld. Cit (A) Has Erred In Interpreting Provision Of Section 68 After Considering Facts & Circumstances Of The Matter In Respect Of Unsecured Loans Of Rs. 40,00,000/-, Raising The Following Questions:- I. Whether, 'First Proviso' Of 'Section 68' Of The Income Tax Act, 1961 Is Squarely Covered Transaction In The Nature Of Unsecured Loans' Or Shall Restricted To Credits On Account Of 'Share Application Money', 'Share Capital', Share Premium Etc.? Ii. Whether, As Per Provisions Of Section 68 Of The Income Tax Act, 1961, The Assessee Has Not Discharged Its Initial Onus To Prove: (1) Identity Of The Creditor Lenders; (2) Credit-Worthiness Of The Creditor Lender; & (3) Genuineness Of The Transaction. By Submitting Following Set Of Documentation:

For Appellant: Shri Dinesh Kumar Aggarwal, CA
Section 68

loan to the respective lender by the assessee in the subsequent assessment year. So far as contention of assessee that the opportunity of cross objection was not provided is concerned the ld. CIT(A) at page 19 top para last sentence wrongly noted that there is no request from

Income Tax Officer Ward - 1(1)(1), Surat vs. V R Surat Pvt. Ltd. Formerly Known As M/S Dhanlaxmi Infrastructure Pvt. Ltd., Surat

In the result, cross objection filed by the assessee (in CO

ITA 329/SRT/2022[2015-16]Status: DisposedITAT Surat27 Jul 2023AY 2015-16

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.329/Srt/2022 Assessment Year: (2015-16) (Physical Hearing) Income Tax Officer, Ward- Vs. V R Surat Pvt. Ltd. 1(1)(1), Surat, Room No.111, 1St (Formerly Known As M/S. Floor, Aayakar Bhawan, Majura Dhanlaxmi Infrastructure Pvt. Gate, Surat-395001 Ltd.,).F. No.29, Virtuous Retail, Surat Dumas, Nr. Dumas Resort, Magdalla, Surat– 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccd5578R (Assessee) (Respondent) ""या"ेप. सं./Co No.16/Srt/2022 [Arising Out Of Ita No.329/Srt/2022] Assessment Year: (2015-16)

Section 14Section 143(3)

21/07/2023 Date of Pronouncement 27/07/2023 आदेश / O R D E R PER DR. A. L. SAINI, AM: Captioned appeal filed by the Revenue and Cross objection filed by the assessee, pertaining to assessment year (AY) 2015-16, are directed against the order passed by the Learned Commissioner of Income ... made by TPO/assessing officer. 6. Aggrieved by the order of Ld. CIT(A), the Revenue is in appeal before us and assessee also filed cross objection before us. 7. The Learned Departmental Representative (Ld. DR) for the Revenue argued that during the course of transfer pricing assessment proceedings

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

ITA 375/DEL/2015[2005-06]Status: DisposedITAT Delhi26 Jul 2023AY 2005-06

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

For Appellant: Sh. Pradeep Dinodia, F.C.AFor Respondent: Sh. Dilip Singh Kothari CIT-DR
Section 132Section 132(4)Section 133ASection 143(3)Section 153A(2)Section 153CSection 69C

orders being ITA No. 1652/Del/2013 and ITA No. 1653/Del/2013 for A. Y. 2004-05 and A. Y. 2005-06 along with Cross Objections filed by the assessee are also identified. 9. He submitted that in the said Order, categorical and factual findings have been recorded that the common documents impounded

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

ITA 374/DEL/2015[2004-05]Status: DisposedITAT Delhi26 Jul 2023AY 2004-05

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

For Appellant: Sh. Pradeep Dinodia, F.C.AFor Respondent: Sh. Dilip Singh Kothari CIT-DR
Section 132Section 132(4)Section 133ASection 143(3)Section 153A(2)Section 153CSection 69C

orders being ITA No. 1652/Del/2013 and ITA No. 1653/Del/2013 for A. Y. 2004-05 and A. Y. 2005-06 along with Cross Objections filed by the assessee are also identified. 9. He submitted that in the said Order, categorical and factual findings have been recorded that the common documents impounded

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

ITA 641/DEL/2012[2006-07]Status: DisposedITAT Delhi26 Jul 2023AY 2006-07

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

For Appellant: Sh. Pradeep Dinodia, F.C.AFor Respondent: Sh. Dilip Singh Kothari CIT-DR
Section 132Section 132(4)Section 133ASection 143(3)Section 153A(2)Section 153CSection 69C

orders being ITA No. 1652/Del/2013 and ITA No. 1653/Del/2013 for A. Y. 2004-05 and A. Y. 2005-06 along with Cross Objections filed by the assessee are also identified. 9. He submitted that in the said Order, categorical and factual findings have been recorded that the common documents impounded

ITO, Ward-1, Karnal vs. Sunil Bali, Karnal

In the result, the appeal of the Revenue is dismissed and the Cross Objection of the assessee is dismissed as infructuous

ITA 138/DEL/2023[2015-16]Status: DisposedITAT Delhi25 Jul 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2015-16 Ito, Ward-1, Karnal, Haryana 132001 Sunil Bali, 1148, Sector 13, Urban Estate, Karnal, Vs. Haryana 132011 Pan Ajlpb 5283 G (Appellant) (Respondent) Co No. 55/Del/2023 Assessment Year: 2015-16 Sunil Bali, Ito, Ward-1, Karnal, Haryana 132001 1148, Sector 13, Urban Estate, Karnal, Haryana 132011 Vs. Pan Ajlpb 5283 G (Appellant) (Respondent) For Assessee : None Revenue For : Shri Anuj Garg, Sr. Dr Date Of Hearing : 06.07.2023 Date Of Pronouncement : 25.07.2023 Order Per Chandra Mohan Garg:- Above Captioned Appeals Of Revenue & Cross Objection Of Assessee Have Been Filed Against The Order Of Nfac New Delhi Dated 01.12.2022 For 2015-16. 2. That The Tax Effect Involved In The Grounds Raised By The Revenue Is Below Rs.50 Lakhs. Therefore, In View Of The Recent Cbdt Circular No.17/2019 Dated 8Th August, 2019, Raising The Monetary Limit For Filing Of The Appeal By The Revenue Before The Tribunal To Rs.50 Lakhs & The Subsequent Clarification Of The Cbdt, Vide Notification Dated 20Th August, 2019 Stating That The Said Circular Is Applicable Even To Pending Appeals, The Appeal Filed By The Revenue Is Not Maintainable. Co No. 55/Del/2023

For Appellant: None

Shri Anuj Garg, Sr. DR Date of Hearing : 06.07.2023 Date of Pronouncement : 25.07.2023 ORDER Per Chandra Mohan Garg:- Above captioned appeals of revenue and cross objection of assessee have been filed against the order of NFAC New Delhi dated 01.12.2022 for 2015-16. 2. That the tax effect involved ... recall of this order. CO No.55/Del/2023 6. In view of the dismissal of the appeal of the Revenue due to low tax effect, the Cross Objection filed by the assessee is hereby dismissed as infructuous. 7. In the result, the appeal of the Revenue is dismissed and the Cross Objection