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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 Cir 3(2)(1), Mumbai vs. M. Visvesvaraya Industrial Research & Development Centre, Mumbai

Accordingly, the grounds raised by the revenue are dismissed

ITA 3697/MUM/2016[1989-90]Status: DisposedITAT Mumbai19 Jul 2022AY 1989-90

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 3697 & 3698/Mum/2016 (निर्धारणवर्ा / Assessment Year: 1989-90 & 1990-91) M/S M. Visvesvarya Dcit(A)-3(2)(1), R. No. 608, 6Th Floor, Industrial Research & Aayakar Bhavan, M. K. Road, बिधम/ Development Centre Mumbai-400 005 31St Floor, Centre 1, Cuffe Vs. Parade, Colaba, Mumbai – 400 005 स्थायीलेखासं./जीआइआरसं./ Pan No. Aabcm0996K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Shri Nimesh Yadav, Ld. Dr अपीलाथीकीओरसे/ Appellant By : प्रत्यथीकीओरसे/Respondent By : Shri Firoze B. Andhyarujina & Shri Maneck F. Andhyarujina , Ld. Ars सुनवाईकीतारीख/ : 21.06.2022 Date Of Hearing घोषणाकीतारीख / : 19.07.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeals Have Been Filed By The Revenue Against The Separate Impugned Order Of Even Date 22.02.2016, Passed By Ld. Cit(A)-8, Mumbai For The Ay 1989-90 & 1990-91. 2

For Respondent: Shri Firoze B. Andhyarujina &
Section 220(2)

Visvesvarya Industrial Research & Development Centre Department had accepted the position throughout. The Department had accepted the position and there was no appeal or cross objection made by Department on the issue of cost of construction which has reached finality. 16. Ld. CIT(A) has captured all these facts ... I.T.A. No. 3697 & 3698/Mum/2016 M/s M. Visvesvarya Industrial Research & Development Centre further pointed out that the department had not filed any cross appeal/ cross objection before the Hon'ble High Court. Thus the question of cost of construction was not an issue and hence in the order giving effect

Assistant Commissioner of Income Tax 25(3), Mumbai vs. Pankaj Enterprises, Mumbai

In the result, both the appeals of the Revenue for AY 2012

ITA 4876/MUM/2017[2012-13]Status: DisposedITAT Mumbai06 Jul 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

For Appellant: Mr. Shankarlal L. Jain, ARFor Respondent: Mr. Jasdeep Singh, CIT-DR

PRAKASH KANT, AM These appeals by the These appeals by the Revenue and the assessee and the cross and the assessee and the cross- objection by the assessee are directed against two separate orders objection by the assessee are directed against two separate orders objection by the assessee are directed ... dispute involved is common in both the the issue in dispute involved is common in both the assessment years, therefore these appeals and cross objection , therefore these appeals and cross objections have , therefore these appeals and cross objection Pankaj Enterprises ITA NO. 3773, 4875 & been heard together and disposed

Assistant Commissioner of Income Tax 25(3), Mumbai vs. Pankaj Enterprises, Mumbai

In the result, both the appeals of the Revenue for AY 2012

ITA 4875/MUM/2017[2009-10]Status: DisposedITAT Mumbai06 Jul 2022AY 2009-10

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

For Appellant: Mr. Shankarlal L. Jain, ARFor Respondent: Mr. Jasdeep Singh, CIT-DR

PRAKASH KANT, AM These appeals by the These appeals by the Revenue and the assessee and the cross and the assessee and the cross- objection by the assessee are directed against two separate orders objection by the assessee are directed against two separate orders objection by the assessee are directed ... dispute involved is common in both the the issue in dispute involved is common in both the assessment years, therefore these appeals and cross objection , therefore these appeals and cross objections have , therefore these appeals and cross objection Pankaj Enterprises ITA NO. 3773, 4875 & been heard together and disposed