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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 - 14(2)(1), Mumbai vs. Indian Oil Corporation Pvt. Ltd., Mumbai

In the result, the appeals as well as cross objection are dismissed as withdrawn – subject to the observation above

ITA 6029/MUM/2016[2007-08]Status: DisposedITAT Mumbai01 Feb 2022AY 2007-08

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.6029/Mum/2016 & 5978/Mum/2016 (निर्धारण वर्ा / Assessment Years: 2007-08 & 2008-09) Dcit-14(2)(1) बिधम/ Indian Oil Corporation Ltd. 432, 4Th Floor, Aayakar G-9, Ali Yavar Jung Marg, Vs. Bhavan, Mumbai-400020. Bandra (E), Mumbai-400051. आयकर अपील सं/ I.T.A. No. 6024/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2008-09) Indian Oil Corporation Ltd. बिधम/ Dcit-10(1) G-9, Ali Yavar Jung Marg, Room No.432, Aayakar Vs. Bandra (E), Mumbai-400051. Bhavan, Mumbai-400020. C. O No.30/Mum/2018 Arising Out Of Ita. No. 6029/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2007-08) Indian Oil Corporation Ltd. बिधम/ Dcit-14(2)(1) 4Th G-9, Ali Yavar Jung Marg, 432, Floor, Aayakar Vs. Bandra (E), Mumbai-400051. Bhavan, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaci1681G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Ajay Chandra (Dr) Assessee By: Shri Rushabh Barbhaya सुनवाई की तारीख / Date Of Hearing: 01/02/2022 घोषणा की तारीख /Date Of Pronouncement: 01/02/2022

For Appellant: Shri Rushabh BarbhayaFor Respondent: Shri Ajay Chandra (DR)

01/02/2022 आदेश / O R D E R PER BENCH: The revenue as well as assessee have filed the above mentioned appeals as well as cross-objection against the order dated 06.07.2016 passed by the Commissioner of Income Tax (Appeals), 22 Mumbai ITA Nos. 6024/M/2016 6029 & 5978/Mum/2016 C.O. No.30/M/2018 A.Ys ... also did not object to course so suggested. 4. In view of the above, we dismiss the appeals as well as cross- objection as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty

Varad Vinayak Realty Pvt. Ltd, Mumbai vs. ITO Ward 1 (3)-2, Mumbai

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

ITA 612/MUM/2019[2009-10]Status: DisposedITAT Mumbai12 Jan 2022AY 2009-10

Bench: Shri Laliet Kumar& Shri S. Rifaur Rahmanito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Appellant Vs. M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Respondent C.O. No. 50/Mum/2019 In Ita No.5279/Mum/2017 (A.Y.2009-10) M/S Varad Vinayak Realty P. Ltd., 105, Vastushilp, Rajmata Jijabai Road, Pump House, Andheri (E), Mumbai-400093 Pan: Aabcv7419A ............ Appellant Vs. Ito, 11-3(2), Room No. 428, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Respondent

For Appellant: Sh. S.N. Kabra, Sr. DRFor Respondent: Sh. Pawan Chakrapani, AR
Section 68

objections raised by the Appellant, under the facts and circumstances of the case. 3. In the present case the assessee has filed the Cross objection on 5.2.2019 and in the cross objection the assessee had raised the following plea 5 ITA No. 5279 Mum 2017 with ... grounds stated hereinabove and the assessee is in cross appealand grass objection of the reasons and above. 16. Firstly will take the Cross objection filed by the assessee whereby the assessee submitted that assessing officer has not shown the mandatory notice under section143(2) of the Act. 17. In this