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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

Dy. CIT CC -7(40), Mumbai vs. Shree Ambica Gems, Mumbai

In the result, all the appeals of the Revenue and cross-objections of the assessee stand dismissed

ITA 262/MUM/2022[2017-18]Status: DisposedITAT Mumbai19 May 2022AY 2017-18

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.258,259,260,261& 262/Mum/2022 Assessment Years: 2012-13, 2014-15 To 2017-18 Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….……Appellant Vs. Shree Ambica Gems……………………….…………...……………..…..Respondent Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Co Nos.48,49,50,51&52/Mum/2022 Assessment Years: 2014-15, 2016-17, 2015-16,2012-13& 2017-18 Shree Ambica Gems, Mumbai…………….…………...……………..…..Cross-Objector Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….………Respondent Vs. Appearances By: None Appeared On Behalf Of The Appellant. Shri S N Kabra Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Bench:

Section 69A

order : May 19, 2022 ORDER Per Bench: The captioned are the bunch of five appeals for different assessment years by the Revenue and Cross-Objections by the assessee against the separate orders of the Commissioner of Income Tax-49, Mumbai all dated 10.12.2021. Since the common facts and issues involved ... appearance on behalf of the assessee despite notice. An application has been moved on behalf of the assessee that the corresponding cross- objections of the assessee have not been fixed, whereas, as noted above the cross- Shree Ambica Gems I.T.A. Nos.258 to 262/Mum/2022 Assessment Years

DCIT CC-7(4), Mumbai vs. Shree Ambica Gems, Mumbai

In the result, all the appeals of the Revenue and cross-objections of the assessee stand dismissed

ITA 261/MUM/2022[2016-17]Status: DisposedITAT Mumbai19 May 2022AY 2016-17

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.258,259,260,261& 262/Mum/2022 Assessment Years: 2012-13, 2014-15 To 2017-18 Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….……Appellant Vs. Shree Ambica Gems……………………….…………...……………..…..Respondent Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Co Nos.48,49,50,51&52/Mum/2022 Assessment Years: 2014-15, 2016-17, 2015-16,2012-13& 2017-18 Shree Ambica Gems, Mumbai…………….…………...……………..…..Cross-Objector Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….………Respondent Vs. Appearances By: None Appeared On Behalf Of The Appellant. Shri S N Kabra Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Bench:

Section 69A

order : May 19, 2022 ORDER Per Bench: The captioned are the bunch of five appeals for different assessment years by the Revenue and Cross-Objections by the assessee against the separate orders of the Commissioner of Income Tax-49, Mumbai all dated 10.12.2021. Since the common facts and issues involved ... appearance on behalf of the assessee despite notice. An application has been moved on behalf of the assessee that the corresponding cross- objections of the assessee have not been fixed, whereas, as noted above the cross- Shree Ambica Gems I.T.A. Nos.258 to 262/Mum/2022 Assessment Years

DCIT CC-7(4), Mujmbai vs. Shree Ambica Gems, Mumbai

In the result, all the appeals of the Revenue and cross-objections of the assessee stand dismissed

ITA 260/MUM/2022[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.258,259,260,261& 262/Mum/2022 Assessment Years: 2012-13, 2014-15 To 2017-18 Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….……Appellant Vs. Shree Ambica Gems……………………….…………...……………..…..Respondent Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Co Nos.48,49,50,51&52/Mum/2022 Assessment Years: 2014-15, 2016-17, 2015-16,2012-13& 2017-18 Shree Ambica Gems, Mumbai…………….…………...……………..…..Cross-Objector Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….………Respondent Vs. Appearances By: None Appeared On Behalf Of The Appellant. Shri S N Kabra Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Bench:

Section 69A

order : May 19, 2022 ORDER Per Bench: The captioned are the bunch of five appeals for different assessment years by the Revenue and Cross-Objections by the assessee against the separate orders of the Commissioner of Income Tax-49, Mumbai all dated 10.12.2021. Since the common facts and issues involved ... appearance on behalf of the assessee despite notice. An application has been moved on behalf of the assessee that the corresponding cross- objections of the assessee have not been fixed, whereas, as noted above the cross- Shree Ambica Gems I.T.A. Nos.258 to 262/Mum/2022 Assessment Years

Dy.CIT CC-7(4), Mumbai vs. Shree Ambica Gems, Mumbai

In the result, all the appeals of the Revenue and cross-objections of the assessee stand dismissed

ITA 259/MUM/2022[2014-15]Status: DisposedITAT Mumbai19 May 2022AY 2014-15

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.258,259,260,261& 262/Mum/2022 Assessment Years: 2012-13, 2014-15 To 2017-18 Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….……Appellant Vs. Shree Ambica Gems……………………….…………...……………..…..Respondent Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Co Nos.48,49,50,51&52/Mum/2022 Assessment Years: 2014-15, 2016-17, 2015-16,2012-13& 2017-18 Shree Ambica Gems, Mumbai…………….…………...……………..…..Cross-Objector Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….………Respondent Vs. Appearances By: None Appeared On Behalf Of The Appellant. Shri S N Kabra Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Bench:

Section 69A

order : May 19, 2022 ORDER Per Bench: The captioned are the bunch of five appeals for different assessment years by the Revenue and Cross-Objections by the assessee against the separate orders of the Commissioner of Income Tax-49, Mumbai all dated 10.12.2021. Since the common facts and issues involved ... appearance on behalf of the assessee despite notice. An application has been moved on behalf of the assessee that the corresponding cross- objections of the assessee have not been fixed, whereas, as noted above the cross- Shree Ambica Gems I.T.A. Nos.258 to 262/Mum/2022 Assessment Years

Dy.CIT CC-7(4), Mumbai vs. Shree Ambica Gems, Mumbai

In the result, all the appeals of the Revenue and cross-objections of the assessee stand dismissed

ITA 258/MUM/2022[2012-13]Status: DisposedITAT Mumbai19 May 2022AY 2012-13

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.258,259,260,261& 262/Mum/2022 Assessment Years: 2012-13, 2014-15 To 2017-18 Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….……Appellant Vs. Shree Ambica Gems……………………….…………...……………..…..Respondent Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Co Nos.48,49,50,51&52/Mum/2022 Assessment Years: 2014-15, 2016-17, 2015-16,2012-13& 2017-18 Shree Ambica Gems, Mumbai…………….…………...……………..…..Cross-Objector Flat No.6&&, Ganesh Krupa, Manohar Menor, Benam X Lane, Mumbai-400004. [Pan:Aaafs5690Q] Dcit, Cc-7(4), Mumbai…..……..….……..….…..………………….………Respondent Vs. Appearances By: None Appeared On Behalf Of The Appellant. Shri S N Kabra Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Bench:

Section 69A

order : May 19, 2022 ORDER Per Bench: The captioned are the bunch of five appeals for different assessment years by the Revenue and Cross-Objections by the assessee against the separate orders of the Commissioner of Income Tax-49, Mumbai all dated 10.12.2021. Since the common facts and issues involved ... appearance on behalf of the assessee despite notice. An application has been moved on behalf of the assessee that the corresponding cross- objections of the assessee have not been fixed, whereas, as noted above the cross- Shree Ambica Gems I.T.A. Nos.258 to 262/Mum/2022 Assessment Years

ACIT 18(3), Mumbai vs. Shivprakash S Chandak, Mumbai

In the result, the appeal of the learned Assessing Officer, as well as the Cross Objection of the assessee are allowed with above directions

ITA 3765/MUM/2019[2015-16]Status: DisposedITAT Mumbai13 May 2022AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Shri Shivprakash S Chandak The Asst. Commissioner Of 412, 4Th Floor, Orion Business Income Tax, Park Near Cine Wonder Mall Circle 18(3), Service Road Room No. 609, 6Th Floor, Ghodbunder Road Vs. Earnest House, Kapurbavadi Naka, Nariman Point, Thane West, Mumbai-400 021 Mumbai-400 601 (Appellant) (Respondent) Pan No. Aadpc1041N Co No. 122/Mum/2021 (Arising In Ita No.3765/Mum/2019 For 2015–16) Shri Shivprakash S Chandak The Asst. Commissioner Of 412, 4Th Floor, Orion Business Income Tax, Park Near Cine Wonder Mall Circle 18(3), Service Road Room No. 609, 6Th Floor, Ghodbunder Road Vs. Earnest House, Kapurbavadi Naka, Nariman Point, Thane West, Mumbai-400 021 Mumbai-400 601 (Appellant) (Respondent)

For Appellant: Shri Pranav Phadke, ARFor Respondent: Shri Avanish Tiwari, DR
Section 143(3)Section 69C

Income-tax (Appeals)–29, Mumbai [the learned CIT(A)] dated 28th March, 2019 for A.Y. 2015–16 . 02. Assessee has also filed a cross objections against the part addition confirmed by the ld CIT (A) . 03. Ld AO has raised following grounds of appeal.:- “1. Whether on the facts ... Similar direction also apply to appeal of the assessee. 010. In the result, the appeal of the learned Assessing Officer, as well as the Cross Objection of the assessee are allowed with above directions. Order pronounced in the open court on 13.05.2022. (RAHUL CHAUDHARY) (PRASHANT MAHARISHI) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER