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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, Circle - 1, Siliguri vs. Bajla Motors Private Limited, Siliguri

In the result, appeal of the revenue and cross objection of the assessee, both are dismissed

ITA 1381/KOL/2025[2018-19]Status: DisposedITAT Kolkata11 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.1381/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2018-2019) Dcit, Central-1,Siliguri, Vs Bajla Motors Private Limited, 4Th Mile, Salugara, Near Kalchakra, Siliguri-734001 Pan No. :Aabcb 9514 E & Cross Objection No.73/Kol/2025 (Arising Out Of Ita No.1381/Kol/2025) (निर्धारण वर्ा / Assessment Year : 2018-2019) Bajla Motors Private Limited, Vs Dcit, Central-1,Siliguri, 4Th Mile, Salugara, Near Kalchakra, Siliguri-734001 Pan No. :Aabcb 9514 E (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) ..

For Respondent: None
Section 145(3)Section 68

DCIT, Central-1,Siliguri, Vs Bajla Motors Private Limited, 4th Mile, Salugara, Near Kalchakra, Siliguri-734001 PAN No. :AABCB 9514 E AND Cross Objection No.73/KOL/2025 (Arising out of ITA No.1381/Kol/2025) (निर्धारण वर्ा / Assessment Year : 2018-2019) Bajla Motors Private Limited, Vs DCIT, Central-1,Siliguri, 4th Mile, Salugara, Near Kalchakra ... National Faceless Appeal Centre (NFAC), Delhi, dated 17.04.2025 for the assessment year 2018-2019. The assessee has also filed cross objection in revenue’s appeal. 2. At the outset, the revenue has submitted an adjournment petition, which reads as under:- 2 &CO73/Kol/2025 “ 3. The adjournment petition is rejected

ITO, Ward 21(1), New Delhi vs. Ruptex Mineral Water Private Limited, New Delhi

In the result, the appeal of the Revenue is dismissed and the cross objections filed by the assessee is partly allowed

ITA 3074/DEL/2025[2018-19]Status: DisposedITAT Delhi10 Dec 2025AY 2018-19

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarito, Ward 21 (1), Vs. Ruptex Mineral Water Pvt. Ltd., New Delhi. K.No.799/1, Village Burari, Jagatpur, P.O. Jagarpur, Delhi – 110 084. (Pan :Aabcr0261Q) Co No.211/Del/2025 (In Ita No.3074/Del/2025) (Assessment Year: 2018-19) Ruptex Mineral Water Pvt. Ltd., Vs, Ito, Ward 21 (1), K.No.799/1, Village Burari, New Delhi. Jagatpur, P.O. Jagarpur, Delhi – 110 084. (Pan :Aabcr0261Q) (Appellant) (Respondent) Assessee By :Shri Mayank Patwari, Advocate Shri Akash Ojha, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 06.11.2025 Date Of Order : 10.12.2025 Order Per S. Rifaur Rahman:

For Appellant: Shri Mayank Patwari, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 148ASection 69A

Appeals)/National Faceless Appeal Centre, Delhi [“Ld. CIT(A)”, for short] dated 10.03.2025 for the Assessment Year 2018-19 and the assessee has filed cross objections against the aforesaid impugned order dated 10.03.2025. 2. Brief facts of the case are, a survey action was conducted on 27.04.2018 on M/s. Sarvroopey ... partially allowed.” 6. Aggrieved against the aforesaid order, Revenue is in appeal before us against the restriction of addition and assessee has filed cross objections against the confirmation of addition of Rs.17,15,009/- by raising following grounds of appeal :- “REVENUE’S APPEAL 1. Whether on the facts and circumstances