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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

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Nabendu Engineering Private Limited, Mumbai

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

ITA 875/MUM/2022[2013-14]Status: DisposedITAT Mumbai12 Dec 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 875/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Nabendu Engineering Jcit (Osd), Cen. Cir-1(4), Pvt. Ltd., 9Th Floor, 902, Pratistha बिधम/ 85, Podar Centre, Parel Bhavan, Old Cgo Post Office Lane, Opp. Vs. Bldg.(Annex), M. K. Road, Ambedkar Road, Parel, Mumbai-400 020 Mumbai-400 012 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaecn2103N (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Mahesh Akhade, Ld. Dr Shri Siddharth Kothari, Ld. Ar प्रत्यथीकीओरसे/Respondent By : सुनवाईकीतारीख/ : 15.09.2022 Date Of Hearing घोषणाकीतारीख / : 12.12.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 22.02.2022, Passed By Ld. Cit(A)-47, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S 153C For Ay 2013-14. 2

For Appellant: Shri Mahesh Akhade, Ld. DR
Section 132(1)Section 139(1)Section 143(3)Section 153ASection 153CSection 68

strongly objected to the legal grounds raised by the Ld. Counsel before us, stating that assessee has not filed any cross objection. He further submitted that there was enough material found during the course of search in the case of Poddar entities that the group was involved in channelizing unaccounted

Raymond Ltd, Mumbai vs. DCIT (OSD) RG 2(3), Mumbai

Accordingly, the same are dismissed as not pressed

ITA 4322/MUM/2012[2008-09]Status: DisposedITAT Mumbai12 Dec 2022AY 2008-09

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleraymond Limited V. The Addl. Cit– 2(3) New Hind House Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai - 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent C.O. No. 287/Mum/2017 [Arising Out Of Ita No. 2218/Mum/2011 (A.Y. 2007-08)] The Addl. Cit– 2(3) V. Raymond Limited Aayakar Bhavan, M.K. Road New Hind House Mumbai - 400020 Narottam Morarjee Marg Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent M/S. Raymond Limited V. The Dcit – Osd- 2(3) New Hind House, Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai – 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent

Section 14A

Revenue Represented by : Shri S.H. Usmani Date of Hearing : 22.09.2022 Date of pronouncement : 12.12.2022 ORDER PER S. RIFAUR RAHMAN (AM) 1. These appeals and cross objections are filed by the assessee and Revenue against different orders of the Learned Commissioner of Income Tax (Appeals)-6, Mumbai [hereinafter in short “Ld.CIT ... accordingly the same are dismissed as not pressed. C.O. NO. 287/MUM/2017 (A.Y. 2007-08) – REVENUE APPEAL 27. Revenue has raised following grounds in its cross objection: - "1. The CIT(A) has erred in taking the rental income at 12% of the cost of land and building, which will not change

Raymond Ltd, Mumbai vs. Addl CIT RG 2(3), Mumbai

Accordingly, the same are dismissed as not pressed

ITA 2218/MUM/2011[2007-08]Status: DisposedITAT Mumbai12 Dec 2022AY 2007-08

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleraymond Limited V. The Addl. Cit– 2(3) New Hind House Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai - 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent C.O. No. 287/Mum/2017 [Arising Out Of Ita No. 2218/Mum/2011 (A.Y. 2007-08)] The Addl. Cit– 2(3) V. Raymond Limited Aayakar Bhavan, M.K. Road New Hind House Mumbai - 400020 Narottam Morarjee Marg Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent M/S. Raymond Limited V. The Dcit – Osd- 2(3) New Hind House, Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai – 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent

Section 14A

Revenue Represented by : Shri S.H. Usmani Date of Hearing : 22.09.2022 Date of pronouncement : 12.12.2022 ORDER PER S. RIFAUR RAHMAN (AM) 1. These appeals and cross objections are filed by the assessee and Revenue against different orders of the Learned Commissioner of Income Tax (Appeals)-6, Mumbai [hereinafter in short “Ld.CIT ... accordingly the same are dismissed as not pressed. C.O. NO. 287/MUM/2017 (A.Y. 2007-08) – REVENUE APPEAL 27. Revenue has raised following grounds in its cross objection: - "1. The CIT(A) has erred in taking the rental income at 12% of the cost of land and building, which will not change

Assistant Commissioner of Income Tax-6(1)(1), Mumbai vs. M/S. Exxon Mobile Company India Pvt Ltd., Mumbai

In the result, the appeal filed by the Revenue and the cross objection by the

ITA 2016/MUM/2022[2012-13]Status: FixedITAT Mumbai08 Dec 2022AY 2012-13

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Asst. Cit-6(1)(1) M/S. Exxon Mobile Company India Room No. 504, 5Th Floor, Private Ltd. Aayakar Bhavan, Mumbai-400 020 Vs. Kalpatru Point, Plot No. 107, Road No. 8, Sion (E), Mumbai-400 022 Pan/Gir No. Aaace 3157 H (Revenue) (Assessee) : & C.O. No. 125/Mum/2022 (Arising Out Of Ita No. 2016/Mum/2022) (Assessment Year: 2012-13) M/S. Exxon Mobile Company India Asst. Cit-6(1)(1) Room No. 504, 5Th Floor, Private Ltd. Kalpatru Point, Plot No. 107, Vs. Aayakar Bhavan, Mumbai-400 020 Road No. 8, Sion (E), Mumbai-400 022 Pan/Gir No. Aaace 3157 H (Assessee) : (Revenue) Revenue By : Ms. Samruddhi Dhananjay Hande Assessee By : Shri Paras Savla / Adish Shenoy Date Of Hearing : 30.11.2022 Date Of Pronouncement : 08.12.2022

For Appellant: Shri Paras Savla / Adish ShenoyFor Respondent: Ms. Samruddhi Dhananjay Hande
Section 143(3)Section 250Section 40

Date of Pronouncement : 08.12.2022 O R D E R Per Kavitha Rajagopal, J. M.: This appeal has been filed by the Revenue and the cross objection by the assessee, against the order of the learned Commissioner of Income Tax (Appeals) (‘ld.CIT(A) for short) – 56, Mumbai, passed u/s.250 ... December, 2015. Hence, this appeal filed by the assessee is dismissed on the ground of low tax effect prescribed by the department. 10. The cross objection raised by the assessee is also hereby dismissed. 11. In the result, the appeal filed by the Revenue and the cross objection

ITO TDS Ward, Tirupur vs. Shanthi Fortune (India) Pvt. Ltd., Tirupur

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue and the CO filed by the assessee are dismissed

ITA 2557/CHNY/2018[2009-10]Status: DisposedITAT Chennai30 Nov 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2385/Chny/2018 िनधा"रण वष"/Assessment Year: 2009-10 M/S. Shanthi Fortune (India) Vs. The Assistant Commissioner Of Private Limited, Income Tax, Door No. 38, Trichy Road, Tds Circle, Coimbatore. Palladam 641 664. [Pan: Aajcs4289D] आयकर अपील सं./I.T.A. No.2557/Chny/2018 िनधा"रण वष"/Assessment Year: 2009-10 & C.O. No. 88/Chny/2019 [In I.T.A. No.2557/Chny/2018] The Income Tax Officer, Vs. M/S. Shanthi Fortune (India) Tds Ward, No. 121, Private Limited, Sixty Feet Road, Tirupur 641 602. Door No. 38, Trichy Road, Palladam 641 664. (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri P. Sajit Kumar, Jcit Assessee By : Shri N Arjun Raj, C.A. सुनवाई की तारीख/ Date Of Hearing : 17.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 2, Coimbatore, Dated 25.06.2018 Relevant To The Assessment

For Appellant: Shri N Arjun Raj, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 153(3)Section 254

Appeals) 2, Coimbatore, dated 25.06.2018 relevant to the assessment 2 I.T.A. Nos.2385 & 2557/Chny/18 & C.O. No.88/Chny/19 year 2009-10. The assessee has also filed Cross Objection. The assessee has raised following additional grounds: “1. In continuation of the Grounds of Appeal filed along with the subject appeal, the Appellant beg this ... under 5 I.T.A. Nos.2385 & 2557/Chny/18 & C.O. No.88/Chny/19 section 194A of the Act. Against the appeal filed by the Revenue, the assessee has also filed Cross Objection. 5. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. In this case

Shanthi Fortune (India) Private Limited, Tirupur vs. ACIT TDS Circle, Coimbatore

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue and the CO filed by the assessee are dismissed

ITA 2385/CHNY/2018[2009-10]Status: DisposedITAT Chennai30 Nov 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2385/Chny/2018 िनधा"रण वष"/Assessment Year: 2009-10 M/S. Shanthi Fortune (India) Vs. The Assistant Commissioner Of Private Limited, Income Tax, Door No. 38, Trichy Road, Tds Circle, Coimbatore. Palladam 641 664. [Pan: Aajcs4289D] आयकर अपील सं./I.T.A. No.2557/Chny/2018 िनधा"रण वष"/Assessment Year: 2009-10 & C.O. No. 88/Chny/2019 [In I.T.A. No.2557/Chny/2018] The Income Tax Officer, Vs. M/S. Shanthi Fortune (India) Tds Ward, No. 121, Private Limited, Sixty Feet Road, Tirupur 641 602. Door No. 38, Trichy Road, Palladam 641 664. (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri P. Sajit Kumar, Jcit Assessee By : Shri N Arjun Raj, C.A. सुनवाई की तारीख/ Date Of Hearing : 17.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 2, Coimbatore, Dated 25.06.2018 Relevant To The Assessment

For Appellant: Shri N Arjun Raj, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 153(3)Section 254

Appeals) 2, Coimbatore, dated 25.06.2018 relevant to the assessment 2 I.T.A. Nos.2385 & 2557/Chny/18 & C.O. No.88/Chny/19 year 2009-10. The assessee has also filed Cross Objection. The assessee has raised following additional grounds: “1. In continuation of the Grounds of Appeal filed along with the subject appeal, the Appellant beg this ... under 5 I.T.A. Nos.2385 & 2557/Chny/18 & C.O. No.88/Chny/19 section 194A of the Act. Against the appeal filed by the Revenue, the assessee has also filed Cross Objection. 5. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. In this case