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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

ACIT Cent. Cir 7(1), Mumbai vs. Dr. D.Y.Patil Education Society, Mumbai

In the result, both the appeal

ITA 2294/MUM/2021[2012-13]Status: DisposedITAT Mumbai29 Sept 2022AY 2012-13

Bench: Shri Amit Shukla () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Asst. Cit, Cc-7(1), Dr. D.Y. Patil Education Society, R. No. 676B, 6Th Floor, Aayakar 869, E Ward, Kasaba Vawada, Bhavan, M.K. Road, Vs. Kolhapur-416006. Mumbai-400020. Pan No. Aaatd 8919 M Appellant Respondent Co No. 58/Mum/2022 (Ita No. 2293/Mum/2021) Assessment Year: 2011-12 & Co No. 59/Mum/2022 (Ita No. 2294/Mum/2021) Assessment Year: 2012-13 Dr. D.Y. Patil Education Society, Asst. Cit, Cc-7(1), 869, E Ward, Kasaba Vawada, R. No. 676B, 6Th Floor, Aayakar Kolhapur-416006. Vs. Bhavan, M.K. Road, Mumbai-400020. Pan No. Aaatd 8919 M Appellant Respondent Assessee By : Mr. Dharmesh Shah/Dhaval Shah, Ar Revenue By : Mr. T. Shankar, Cit-Dr/Mahita Nair Date Of Hearing : 09/09/2022 Date Of Pronouncement : 29/09/2022

For Appellant: Mr. Dharmesh Shah/Dhaval Shah, ARFor Respondent: Mr. T. Shankar, CIT-DR/Mahita Nair
Section 153C

ORDER PER OM PRAKASH KANT, AM PER OM PRAKASH KANT, AM These appeals by the Revenue and cross These appeals by the Revenue and cross-objection by the objection by the assessee are directed against a common order dated 28.09.2021 assessee are directed against a common order dated 28.09.2021 assessee ... Mumbai [in short ‘the Ld. CIT(A)’] for assessment year 2011-12 and 2012-13. 2. The grounds and cross The grounds and cross-objection of the assessee for objection of the assessee for assessment year 2011 assessment year 2011-12 are reproduced as under: ITA No. 2293/MUM/2021 Assessment Year

ACIT CC 7(1), Mumbai vs. Dr. D.Y.Patil Education Society, Mumbai

In the result, both the appeal

ITA 2293/MUM/2021[2011-12]Status: DisposedITAT Mumbai29 Sept 2022AY 2011-12

Bench: Shri Amit Shukla () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Asst. Cit, Cc-7(1), Dr. D.Y. Patil Education Society, R. No. 676B, 6Th Floor, Aayakar 869, E Ward, Kasaba Vawada, Bhavan, M.K. Road, Vs. Kolhapur-416006. Mumbai-400020. Pan No. Aaatd 8919 M Appellant Respondent Co No. 58/Mum/2022 (Ita No. 2293/Mum/2021) Assessment Year: 2011-12 & Co No. 59/Mum/2022 (Ita No. 2294/Mum/2021) Assessment Year: 2012-13 Dr. D.Y. Patil Education Society, Asst. Cit, Cc-7(1), 869, E Ward, Kasaba Vawada, R. No. 676B, 6Th Floor, Aayakar Kolhapur-416006. Vs. Bhavan, M.K. Road, Mumbai-400020. Pan No. Aaatd 8919 M Appellant Respondent Assessee By : Mr. Dharmesh Shah/Dhaval Shah, Ar Revenue By : Mr. T. Shankar, Cit-Dr/Mahita Nair Date Of Hearing : 09/09/2022 Date Of Pronouncement : 29/09/2022

For Appellant: Mr. Dharmesh Shah/Dhaval Shah, ARFor Respondent: Mr. T. Shankar, CIT-DR/Mahita Nair
Section 153C

ORDER PER OM PRAKASH KANT, AM PER OM PRAKASH KANT, AM These appeals by the Revenue and cross These appeals by the Revenue and cross-objection by the objection by the assessee are directed against a common order dated 28.09.2021 assessee are directed against a common order dated 28.09.2021 assessee ... Mumbai [in short ‘the Ld. CIT(A)’] for assessment year 2011-12 and 2012-13. 2. The grounds and cross The grounds and cross-objection of the assessee for objection of the assessee for assessment year 2011 assessment year 2011-12 are reproduced as under: ITA No. 2293/MUM/2021 Assessment Year

Asst. Comm. of Income Tax-6(1)(1), Mumbai vs. M/S. Exxon Mobile Company Pvt Ltd., Mumbai-400022

In the result, both the appeal of the Revenue and cross-

ITA 1283/MUM/2022[2011-12]Status: DisposedITAT Mumbai28 Sept 2022AY 2011-12

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2011-12 Deputy Commissioner Of Income M/S Exxon Mobile Company Tax, Office Of The Asstt. Pvt. Ltd., Commissioner Of Income Tax Vs. Kalpataru Point, Plot No. 107, 6(1)(1), Room No. 504, Aayakar Road No. 8, Sion (East), Bhavan, M.K. Road, Churchgate, Mumbai-400020. Mumbai-400020. Pan No. Aaace 3157 H Appellant Respondent C.O. No. 113/Mum/2022 (Ita No. 1283/Mum/2022) Assessment Year: 2011-12 M/S Exxon Mobile Company Pvt. Deputy Commissioner Of Ltd., Income Tax, Office Of The Asstt. Kalpataru Point, Plot No. 107, Road Vs. Commissioner Of Income Tax No. 8, Sion (East), 6(1)(1), Room No. 504, Mumbai-400020. Aayakar Bhavan, M.K. Road, Churchgate, Mumbai-400020. Pan No. Aaace 3157 H Appellant Respondent Revenue By : Ms. Samruddhi Hande, Dr Assessee By : Mr. Paras Savla, Adv. A/W Mr. Dhiraj Jain Date Of Hearing : 22/09/2022 Date Of Pronouncement : 28/09/2022

For Appellant: Mr. Paras Savla, Adv. a/wFor Respondent: Ms. Samruddhi Hande, DR
Section 195Section 40

ORDER PER OM PRAKASH KANT, AM PER OM PRAKASH KANT, AM This appeal by the Revenue and cross This appeal by the Revenue and cross-objection by the objection by the assessee are directed against the order dated 24.03.2022 passed by assessee are directed against the order dated 24.03.2022 passed ... above grounds be set aside and that of the AO be be set aside and that of the AO be restored. restored. 2.1 The cross-objections raised by the assessee are reproduced as objections raised by the assessee are reproduced as objections raised by the assessee are reproduced as under

ACIT (It) 3(1) (1), Mumbai vs. M/S. J.P.Morgan Indian Investment Company Mauritius Ltd, Mumbai

In the result, the CO filed by the assessee is allowed and appeal filed by the revenue becomes infructuous as dismissed

ITA 2382/MUM/2021[2016-17]Status: DisposedITAT Mumbai27 Sept 2022AY 2016-17

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 2382/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2016-17) Acit-3(1)(1), M/S J. P. Morgan India R. No. 1628, 16Th Floor, Air Investment Company India Building, Nariman Mauritius Limited, बनाम/ Point, Mumbai-400 021 C/O- Srb & Associates Llp, Vs. 14Th Floor, The Ruby 29 Senapati Bapat Marg, Dadar (W), Mumbai-400 028 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaacf0626J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & Cross Objection No. 41/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2016-17) M/S J. P. Morgan India Acit-3(1)(1), Investment Company R. No. 1628, 16Th Floor, Air India Mauritius Limited, Building, Nariman Point, बनाम/ C/O- Srb & Associates Mumbai-400 021 Vs. Llp, 14Th Floor, The Ruby 29 Senapati Bapat Marg, Dadar (W), Mumbai-400 028 (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Milind Chavan, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Anish Thacker, Ld. Ar सुनवधईकीतधरीख/ : 18.05.2022 & 23.09.2022 Date Of Hearing घोर्णधकीतधरीख / : 27.09.2022 Date Of Pronouncement

For Appellant: Shri Milind Chavan, Ld. DRFor Respondent: Shri Anish Thacker, Ld. AR
Section 10(38)Section 143(3)Section 144C

14th Floor, The Ruby 29 Senapati Bapat Marg, Dadar (w), Mumbai-400 028 स्थधयीलेखधसं./जीआइआरसं./ PAN No. AAACF0626J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & Cross Objection No. 41/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2016-17) M/s J. P. Morgan India ACIT-3(1)(1), Investment Company R. No. 1628, 16th floor, Air India Mauritius ... Company Mauritius Limited आदेश / O R D E R Per Amit Shukla, Judicial Member: The aforesaid appeal has been filed by the revenue and cross objection by the assessee against order dated 17.09.2021, passed by Ld. CIT(A)-57, Mumbai for the quantum of assessment passed u/s 143(3) r.w.s

ITO WD - 25(2)(3), Mumbai vs. Denish Harilal Shah, Mumbai

In the result, appeal filed by the Revenue is dismissed with the above directions

ITA 3617/MUM/2018[2012-13]Status: DisposedITAT Mumbai16 Sept 2022AY 2012-13

Bench: Shri Aby T Varkey & Shri Gagan Goyalito, Ward-25(2)(3), C-10, R.No. 504, 5Th Floor, Pratyakshkar Bhavan, Bkc, Bandra, Mumbai-400051. ..... Appellant Vs. Mr. Denish Harilal Shah Flat No. 101, 1St Floor, Paan Villa, Sarojini Road, Vile Parle (W), Mumbai-400057 Pan: Awgps3773C ...... Respondent C.O. No. 48/Mum/2020 In Ita No. 3617/Mum/2018 (A.Y. 2012-13) Mr. Denish Harilal Shah Flat No. 101, 1St Floor, Paan Villa, Sarojini Road, Vile Parle (W), Mumbai-400057 Pan: Awgps3773C ...... Appellant Vs. Ito, Ward-25(2)(3), C-10, R.No. 504, 5Th Floor, Pratyakshkar Bhavan, Bkc, Bandra, Mumbai-400051. ..... Respondent Appellant/Assessee By : Sh. Bharat Kumar Respondent/Respondent By : Sh. Mahita Nair

For Appellant: Sh. Bharat KumarFor Respondent: Sh. Mahita Nair
Section 143(1)Section 151

48/Mum/2020 Mr. Denish Harilal Shah Date of hearing : 30/06/2022 Date of pronouncement : 16/09/2022 ORDER PER GAGAN GOYAL, A.M: This appeal by the Revenue and cross objection by the assessee are directed against the order of Ld. Commissioner of Income Tax (Appeals)-37, Mumbai [hereinafter referred ... aside and that of the Assessing Officer be restored.” 2. The assessee in his C.O. has raised the following grounds of appeal: Grounds of cross-objections Tax effect relating to each Ground of cross-objection (see note below) 1. On the facts and circumstances in case

Assistant Commissioner of Income-Tax, Central Circle-2(1), Bengaluru vs. M/S.Ozone Properties Pvt. Ltd., Bengaluru

In the result, the appeal filed by the revenue stands allowed for statistical purposes

ITA 95/BANG/2022[2014-2015]Status: DisposedITAT Bangalore09 Sept 2022AY 2014-2015

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 M/S. Ozone Properties The Assistant Pvt. Ltd., Commissioner Of No. 38, Ozone Group, Income Tax, Ulsoor Road, Central Circle – 2(1), Ulsoor, Bangalore. Vs. Bangalore – 560 042. Pan: Aaaco6672M Appellant Respondent & C.O.No. 01/Bang/2022 (In Ita No. 95/Bang/2022) (By Assessee) Assessee By : Shri Kodandapani, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 01-09-2022 Date Of Pronouncement : 09-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee & Revenue Against Order Dated 30.11.2021 Passed By Ld.Cit(A)-11, Bangalore For A.Y. 2014-15 On Following Grounds Of Appeal:

For Appellant: Shri Kodandapani, CA
Section 115JSection 143(3)Section 153ASection 154

being adjudicated.” 4. Aggrieved by the above view, the revenue has filed the present appeal before this Tribunal and assessee has filed Cross Objection in support. 5. The Ld.AR filed letter dated 23.05.2022 withdrawing the cross objection which is scanned and reproduced as under: Page ... opportunity of being heard must be granted to assessee. In the result, the appeal filed by the revenue stands allowed for statistical purposes. The Cross Objection filed by the assessee is dismissed as withdrawn. In the result, the appeal filed by the revenue stands allowed for statistical purposes