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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 3(2)(1), Mumbai vs. Inventurus Knowledge Soltions P.Ltd, Mumbai

In the result, the appeal filed by the learned Assessing

ITA 2403/MUM/2018[2011-12]Status: DisposedITAT Mumbai21 Oct 2022AY 2011-12

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm The Dy. Commissioner Of M/S Inventurus Knowledge Income Tax Solutions Private Limited Central Circle 3(2)(1) 151, Nariman Bhavan, Room No. 357, 3 Rd Floor, Vinay Shah Marg, Vs. Aayakar Bhavan, Nariman Point, M.K. Road, Mumbai-400 021 Mumbai-400 020 (Respondent) (Appellant) Pan No. Aabci 5573 J Co No. 249/Mum/2019 (Arising In Ita No. 2403/Mum/2018 For A.Y. 2011–12) The Dy. Commissioner Of M/S Inventurus Knowledge Income Tax Solutions Private Limited Central Circle 3(2)(1) 151, Nariman Bhavan, Room No. 357, 3 Rd Floor, Vinay Shah Marg, Vs. Aayakar Bhavan, Nariman Point, M.K. Road, Mumbai-400 021 Mumbai-400 020 (Respondent) (Appellant) Assessee By : Shri Sc Tiwari/ Ms Umamagswari M, Ars Revenue By : Ms Samruddhi D Hande, Sr. Ar Date Of Hearing: 25.07.2022 Date Of Pronouncement : 21.10.2022

For Appellant: Shri SC Tiwari/For Respondent: Ms Samruddhi D Hande, Sr. AR
Section 143(3)Section 144C(3)Section 92Section 92C

section 144C(3) of the Income-tax Act, 1961 (the Act) dated 5th May, 2015 was partly allowed. 02. The Assessee has also filed cross objection no. 249/Mum/2019 in the above appeal raising following grounds of appeal:- “1. That on the facts and in the circumstances of the case ... respondent-assessee against adjustment as made in the order u/s. 92CA(3) of the Act and followed in the assessment order.” 03. The cross objection is merely supportive in nature. 04. The brief facts of the case of the shows thatassessee is a company engaged in the business of providing

DCIT 13(1)(2), Mumbai vs. Pebble Bay Developers P.Ltd, Mumbai

In the result, appeal of the In the result, appeal of the Revenue is allowed for statistical purposes, is allowed for statistical purposes, whereas the application of the assessee under rule 27 is ...

ITA 5744/MUM/2017[2008-09]Status: DisposedITAT Mumbai21 Oct 2022AY 2008-09

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2008-09 Dy. Commissioner Of Income- M/S Pebble Bay Developers Tax-13(1)(2), Pvt. Ltd., 2Nd Floor, Room No. 218, Vs. Raheja Chambers, Linking Aayakar Bhavan, M.K. Road, Road, Main Avenue Santacruz Mumbai-400020. (West), Mumbai-400054. Pan No. Aaccg 1645 E Appellant Respondent Revenue By : Ms. Vranda Matkari, Dr Assessee By : Mr. Nishit Gandhi, Ar Date Of Hearing : 26/08/2022 Date Of Pronouncement : 21/10/2022

For Appellant: Mr. Nishit Gandhi, ARFor Respondent: Ms. Vranda Matkari, DR
Section 143(1)Section 148Section 69C

entitled for moving application under that the assessee is not entitled for moving application under ITAT Rules and the assessee should have filed cross objection if aggrieved and the assessee should have filed cross objection if aggrieved and the assessee should have filed cross objection if aggrieved with the order ... resultant tax liability on the assessee, therefore no appeal or cross and thus no resultant tax liability on the assessee, therefore no appeal or cross objection has been preferred by the assessee. But the issue of validity of the tion has been preferred by the assessee. But the issue

ACIT 25 (2), Mumbai vs. Smt. Anjana Laxmidas Vora, Mumbai

The appeal of the AO is dismissed

ITA 7944/MUM/2019[2016-17]Status: DisposedITAT Mumbai17 Oct 2022AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm The Assistant Commissioner Of Income Tax – 25 (2) Room Number 220, Second Srimati Anjana Laxmidas Floor, Vora Kautilya Bhavan 1202 – C, Elita, N Dutta Vs. Marg, Behind D N Nagar Bandra Kurla Complex Police Station, Mumbai – 53 Bandra (E) Mumbai – 51 (Appellant) (Respondent) Pan No. Aaipv0293L Co 70/Mumbai/2021 (Assessment Years 2016 – 17) The Assistant Commissioner Of Income Srimati Anjana Laxmidas Tax – 25 (2) Vora Room Number 220, Second 1202 – C, Elita, N Dutta Floor, Vs. Marg, Behind D N Nagar Kautilya Bhavan Police Station, Mumbai – 53 Bandra Kurla Complex Bandra (E) Mumbai – 51 (Appellant) (Respondent)

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Sunil Jha CIT DR
Section 143Section 68

books of the Assessee, therefore, the Assessee is bound to prove the nature and source of the credit 3. Assessee has also filed cross objection raising following grounds: - on the facts and circumstances of the case, the learned AO erred in challenging the order of CIT (A): - (i) solely ... learned assessing officer is aggrieved and has preferred this appeal as per various grounds of appeal stated above. The Assessee has also filed cross objection, but it merely supports the order of the learned CIT appeal. 11. The learned CIT DR submitted as Under: - a) Only documents submitted to prove

ACIT CC-7(1), Mumbai vs. Shri Shreyas Vasant Parikh, Mumbai

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

ITA 1580/MUM/2021[2017-18]Status: DisposedITAT Mumbai10 Oct 2022AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1580/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) Acit, Cc-7(1) बिधम/ Shreyas Vasant Parikh R. No.676B, 6Th Floor, 5 Raj Mayur, 19Th Road, Vs. Aayakar Bhavan, M. K. Khar (W), Mumbai- Road, Road, Mumbai- 400052. 400020. Cross Objection No. 30/Mum/2022 Arising Out Of I.T.A. No.1580/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2017-18) Shreyas Vasant Parikh Acit, Cc-7(1) बिधम/ 5 Raj Mayur, 19Th Road, R. No.676B, 6Th Floor, Vs. Khar (W), Mumbai-400052. Aayakar Bhavan, M. K. Road, Road, Mumbai- 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaepp1118J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri V. R. Choksi Revenue By: Shri Amit Kumar Soni सुनवाई की तारीख / Date Of Hearing: 13/07/2022 घोषणा की तारीख /Date Of Pronouncement: 10/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri V. R. ChoksiFor Respondent: Shri Amit Kumar Soni
Section 153CSection 68

Vasant Parikh R. No.676B, 6th Floor, 5 Raj Mayur, 19th Road, Vs. Aayakar Bhavan, M. K. Khar (W), Mumbai- Road, Road, Mumbai- 400052. 400020. Cross Objection No. 30/Mum/2022 Arising out of I.T.A. No.1580/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2017-18) Shreyas Vasant Parikh ACIT, CC-7(1) बिधम/ 5 Raj Mayur ... Pronouncement: 10/10/2022 आदेश / O R D E R PER ABY T. VARKEY, JM: This appeal has been filed by the Revenue and the cross- objection (CO) is preferred by the assessee against the order of the Commissioner of Income Tax (Appeals)-49, Mumbai [hereinafter referred