← All Phrases

“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-2(1)(1), Mumbai vs. M/S Kundan Jewellers Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 1035/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 May 2023AY 2017-18

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaledcit, Circle – 2(1)(1) Vs. M/S. Kundan Jewellers Room No. 561, 5Th Floor Pvt Ltd Aayakar Bhavan, Mk 223, Sm Patil Bldg, Sv Road, Mumbai – 400 020 Road, Andheri (W), Mumbai – 400058. Pan/Gir No. : Aabck5770H Appellant .. Respondent Appellant By : Mr.Nihar Ranjan Samal.Dr Respondent By : Mr.Siddharth Kothari.Ar Date Of Hearing 19.05.2023 Date Of Pronouncement 29 .05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac)/Cit(A), Delhi Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Mr.Nihar Ranjan Samal.DRFor Respondent: Mr.Siddharth Kothari.AR
Section 115JSection 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68

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 M/s. Kundan Jewellers Pvt Ltd, Mumbai. dismissed, the cross objection filed by the assessee ... becomes infructuous, hence, dismissed. 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 the rival submissions. Both

Dy. CIT-5(2)(2), Mumbai vs. M/S Vodafone Idea Limited (Earlier Know As Vodafone India Limited Which Now Stands Merged With Idea Cellular Limited (Icl) and Consequently Known As Vodafone Idea Limited), Mumbai

Appeal of the Revenue is dismissed being devoid of any merit

ITA 2429/MUM/2019[2009-10]Status: DisposedITAT Mumbai26 May 2023AY 2009-10

Bench: Shri Vikas Awasthy & Shri M Balaganeshvk-Vk-La- 2429@Eaqcbz@2019 ¼Fu-Oa- 2009&10½ Deputy Commissioner Of Income Tax 5Th Floor, Room No.525, Aayakar Bhavan, M. K. Road, ..... Vihykfkhz/Appellant Mumbai-400 020 Cuke Vs. M/S Vodafone Idea Limited 10Th Floor, Birla Centurion, Pandurang Budhakar Marg, Worli Mumbai-400 030 ..... Izfroknh/Respondent Pan No. Aaach5332B Izr;K{Ksi-La- 32@Eaqcbz@2020 ¼Fu-Oa- 2009&10½ Co No.32/Mum/2020 (A.Y.2009-10) M/S Vodafone Idea Limited 10Th Floor, Birla Centurion, Pandurang Budhakar Marg, Worli Mumbai-400 030 ..... Vihykfkhz/Appellant Pan No. Aaach5332B Cuke Vs. Deputy Commissioner Of Income Tax 5Th Floor, Room No.525, Aayakar Bhavan, M. K. Road, ..... Izfroknh/Respondent Mumbai-400 020

For Appellant: S/Shri P. J. Pardiwala, Sr. Advocate with Ketan Ved izfroknh }kjk@For Respondent: Shri Anand Mohan, CIT-DR
Section 143(3)Section 144C(3)Section 154

Income Tax (Appeals)-10, Mumbai (hereinafter referred to as “the CIT(A)”) dated 28.03.2019, for the assessment year 2009-10. The assessee has filed Cross Objection in an appeal filed by the Department. 2. This appeal germinates from the order passed u/s 154 of the Income Tax Act, 1961 (hereinafter ... hence, not amenable to proceedings u/s 154 of the Act. The ld. Counsel for the assessee stated at Bar that the assessee has filed Cross Objection in support of the order of CIT(A). In case appeal of the Revenue is dismissed, the Cross Objection would become infructuous

I.T.O. -12(1)(1), Mumbai vs. M/S Alvess Developers Pvt Ltd, Mumbai

In the result, appeal by the Revenue and Cross Objections by the assessee are dismissed

ITA 2455/MUM/2022[2014-2015]Status: DisposedITAT Mumbai24 May 2023AY 2014-2015

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 2455/मुं/ 2022 (िन.व. 2014-15) Ito-12(1)(1) Mumbai, Room No.129, Ground Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Alvess Developers Pvt. Ltd. Plot No.11 Jtn Of 29Th & 16Th Road, Opp Gurunanak Garden, Bandra(West),Mumbai 400 050. Pan: Aaccp-0964-F ..... ""तवाद"/Respondent C.O. No.132/Mum/2022 [Arising Out Of Ita No. 2455/Mum/2022 (A.Y.2014-15)] M/S. Alvess Developers Pvt. Ltd. Plot No.11 Jtn Of 29Th & 16Th Road, Opp Gurunanak Garden, Bandra(West),Mumbai 400 050. Pan: Aaccp-0964-F ..... Cross Objector बनाम Vs. Ito-12(1)(1) ..... ""तवाद"/Respondent Mumbai. Assessee By : Shri Prakash Jhunjhunwala Revenue By : Shri Manoj Kumar Sinha

For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Shri Manoj Kumar Sinha
Section 143(3)Section 68

Appeals), National Faceless Appeal Centre, Delhi [ in short ‘the CIT(A)’] dated 28/07/2022, for the Assessment Year 2014-15. The assessee has filed Cross Objections in the aforesaid appeal by the Revenue supporting the order of CIT(A). 2. The solitary issue raised by the Revenue in appeal assailing ... dismissing the appeal of Revenue. The ld. Authorized Representative for the assessee further submits that if the appeal of the Revenue is dismissed, the Cross Objections would become infructuous. The ld. Authorized Representative for the assessee further pointed that the Assessing Officer has already given effect to the order