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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-1(4), Mumbai vs. M/S. Grasim Industries Ltd (Successor to Aditya Birla Nuvo Ltd.), Mumbai

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 84/MUM/2023[2009-10]Status: DisposedITAT Mumbai12 Jun 2023AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th For, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th Flr, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H Assessee By : Shri Yogesh Thar & Ms. Ayushi Modani, Ars Revenue By : Shri Dr. Kishor Dhule, Cit Dr Date Of Hearing: 29.05.2023 Date Of Pronouncement : 12.06.2023

For Appellant: Shri Yogesh Thar &For Respondent: Shri Dr. Kishor Dhule, CIT DR
Section 115JSection 143

Apex Court in the case of M/s Goetz India Ltd Vs CIT reported in 284 ITR 323(SC).” 02. Assessee has also filed cross objection No. 356/Mum/2023 wherein it has raised following grounds:- “The Appellant prefers an appeal against the order of the learned Commissioner of Income Tax (Appeals ... view of this both the grounds of appeal raised by the learned assessing officer are dismissed. 08. Assessee does not want to press the cross objection, and therefore same are also dismissed. 09. In the result, appeal of the learned AO as well as the cross objections filed

Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Limited), Mumbai vs. The Deputy Commissioner of Income Tax Central Circle-1(4), Mumbai

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 356/MUM/2023[2009-2010]Status: DisposedITAT Mumbai12 Jun 2023AY 2009-2010

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th For, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th Flr, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H Assessee By : Shri Yogesh Thar & Ms. Ayushi Modani, Ars Revenue By : Shri Dr. Kishor Dhule, Cit Dr Date Of Hearing: 29.05.2023 Date Of Pronouncement : 12.06.2023

For Appellant: Shri Yogesh Thar &For Respondent: Shri Dr. Kishor Dhule, CIT DR
Section 115JSection 143

Apex Court in the case of M/s Goetz India Ltd Vs CIT reported in 284 ITR 323(SC).” 02. Assessee has also filed cross objection No. 356/Mum/2023 wherein it has raised following grounds:- “The Appellant prefers an appeal against the order of the learned Commissioner of Income Tax (Appeals ... view of this both the grounds of appeal raised by the learned assessing officer are dismissed. 08. Assessee does not want to press the cross objection, and therefore same are also dismissed. 09. In the result, appeal of the learned AO as well as the cross objections filed