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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

ITO 34 (1)(6), Mumbai vs. Shri Anurag Shivcharan Agarwal, Mumbai

In the result, the appeal of the revenue as well as cross-objection of the assessee are dismissed

ITA 197/MUM/2020[2009-10]Status: DisposedITAT Mumbai29 Dec 2022AY 2009-10

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.197/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito-34(1)(6) बिधम/ Anuraag Shivcharan Room No. 726, Kautilya Agarwal Vs. Bhawan, G Block, Bkc, B-607/608, Lok Tirth Bandra East, Mumbai- Bldg, Marve Road, Malad 400051. West, Mumbai-400064. Cross Objection No. 145/Mum/2021 Arising Out Of I.T.A. No.197/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2009-10) Anuraag Shivcharan Ito-34(1)(6) बिधम/ Agarwal Room No. 726, Kautilya Vs. B-607/608, Lok Tirth Bldg, Bhawan, G Block, Bkc, Marve Road, Malad West, Bandra East, Mumbai- Mumbai-400064. 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Addpa1846Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Simoni Chauhan Revenue By: Shri Mahender Ahuja सुनवाई की तारीख / Date Of Hearing: 23/11/2022 घोषणा की तारीख /Date Of Pronouncement: 29/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeal & Cross-Objection Preferred By Assessee Against The Order Of The Ld. Cit(A)-46, Mumbai Dated 23.10.2019 For Ay. 2009-10. 2. The Grounds Of Appeal Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition Of Rs.11,67,597/- Made By Ao Holding That The Purchase & Sale Transaction In The Shares Of M/S.

For Appellant: Ms. Simoni ChauhanFor Respondent: Shri Mahender Ahuja
Section 143(1)Section 147Section 68

Kautilya Agarwal Vs. Bhawan, G Block, BKC, B-607/608, Lok Tirth Bandra East, Mumbai- Bldg, Marve Road, Malad 400051. West, Mumbai-400064. Cross Objection No. 145/Mum/2021 Arising out of I.T.A. No.197/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2009-10) Anuraag Shivcharan ITO-34(1)(6) बिधम/ Agarwal Room No. 726, Kautilya ... 23/11/2022 घोषणा की तारीख /Date of Pronouncement: 29/12/2022 आदेश / O R D E R PER ABY T. VARKEY, JM: These are revenue appeal and cross-objection preferred by assessee against the order of the Ld. CIT(A)-46, Mumbai dated 23.10.2019 for AY. 2009-10. 2. The grounds of appeal

ACIT 7(3), Mumbai vs. M/S. Wyeth Lederle Ltd., Mumbai

In the result, both the appeals filed by the revenue and CO filed by the assessee are dismissed

ITA 2912/MUM/2005[1999-2000]Status: DisposedITAT Mumbai22 Dec 2022AY 1999-2000

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleacit – 7(3) Vs. M/S Wyeth Ltd Room No. 615, 6Th Floor (Formerly Known As Aayakar Bhavan, Wyeth Lederle Ltd) Mk Road, Worli Level 6& 7 Plating Mumbai – 400 020. Plot No. C-59, G Block Bkc, Bandra (E) Mumbai - 400098 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc1451A Appellant .. Respondent Dcit – 7(3) Vs. M/S Wyeth Ltd Room No. 615, 6Th Floor (Formerly Known As Aayakar Bhavan, Wyeth Lederle Ltd) Mk Road, Worli Level 6& 7 Plating Mumbai – 400 020. Plot No. C-59, G Block Bkc, Bandra (E) Mumbai - 400098 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc1451A Appellant .. Respondent

For Respondent: Mr.Tejinder Pal Singh Anand.DR
Section 143(2)Section 143(3)Section 28Section 801Section 80H

Pronouncement 28.11.2022 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: These are the appeals filed by the revenue and the cross objection is filed by the assessee against the separate orders of the passed by the Commissioner of Income Tax (Appeals), Mumbai passed ... revenue. ITA No. 2912/Mum/2005, 2285/Mum/2007 & CO. 184/Mum/2007. CO. 184/Mum/2007, A.Y 2003-04 14. Since the revenue’s appeal is dismissed and the cross objection becomes infructuous and is also dismissed. 15. In the result, both the appeals filed by the revenue and CO filed by the assessee are dismissed. Order

M/S. Mercator Ltd, Mumbai vs. The Dy CIT 5(2), Mumbai

In the result, the appeal filed by the revenue and CO by the asssessee are dismissed and the asseessee appeal is allowed for statistical purposes

ITA 7278/MUM/2017[2010-11]Status: DisposedITAT Mumbai21 Dec 2022AY 2010-11

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleita No. 7278/Mum/2017 (A.Y: 2010-11) & Co No. 21/Mum/2019 (2010-11) (Arising Out Of Ita No. 29/Mum/2018) Mercator Ltd Vs. Dcit 3Rd Floor, Mittal Tower- Range 5(2) B Wing, Nariman Point Aayakar Bhavan, Mk Mumbai- 400021. Road, Mumbai-400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Dy. Cit Vs. Mercator Lines Ltd Range 5(2)(2), Rno.571 3Rd Floor, Mittal Tower- Aayakar Bhavan, Mk B Wing, Nariman Point Road, Mumbai – 400 021. Mumbai - 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Assessee By : Mr.Nikhil Tiwari.Ar Revenue By : Mr.Krishnakumarmishra.Dr Date Of Hearing 30.11.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: 29/Mum/2018 & Co No. 21/Mum/2019 M/S. Mercator Ltd, Mumbai. The Cross Appeal Is Filed By The Assessee & The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) (Cit(A))-57, Mumbai Passed U/S 250 Of The Act & The Assessee Has Filed The Cross Objection(Co) In The Revenue Appeal.

For Appellant: Mr.Nikhil Tiwari.ARFor Respondent: Mr.KrishnaKumarMishra.DR
Section 143(3)Section 14ASection 250

order of the Commissioner of Income Tax (Appeals) (CIT(A))-57, Mumbai passed u/s 250 of the Act and the assessee has filed the cross objection(CO) in the revenue appeal. The assessee has raised the following grounds of appeal: Based on the facts and circumstances of the case, Mercator