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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

Income Tax Officer, Puri vs. Krushna Chandra Pujapanda, Puri

In the result, appeal of the revenue stands partly allowed for statistical purposes and the cross objection of the assessee stands dismissed

ITA 448/CTK/2024[2022-23]Status: DisposedITAT Cuttack05 Dec 2025AY 2022-23

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.448/Ctk/2024 C.O. No.06/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2022-23) Income Tax Officer, Aayakar Vs Krushna Chandra Pujapanda, Bhavan, Penthakata, Puri Matimandap Sahi, H.O.Puri Town, Puri. Pan No. : Abdpp 0879 N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Ashok Kumar Chatterjee, Ca : Shri Ashim Kumar Chakraborty, Ld Cit राज"व क" ओर से /Revenue By Dr सुनवाई क" तार"ख / Date Of Hearing : 5 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 5 /12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Dated 4.9.2024 Passed By Ld Cit(A), Nfac, Delhi In Appeal No.Nfac/2021-22/10363554 For The Assessment Year 2022-23. 2. The Cross Objection Is Filed By The Assessee In Appeal Filed By The Revenue In Ita No.448/Ctk/2024. 3. Shri Ashok Kumar Chatterjee, Ld Ar Appeared For The Assessee & Shri Ashim Kumar Chakraborty, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri Ashok Kumar Chatterjee, CA
Section 54Section 54F

against the order dated 4.9.2024 passed by ld CIT(A), NFAC, Delhi in Appeal No.NFAC/2021-22/10363554 for the assessment year 2022-23. 2. The cross objection is filed by the assessee in appeal filed by the revenue in ITA No.448/CTK/2024. 3. Shri Ashok Kumar Chatterjee, ld AR appeared ... assessee and Shri Ashim Kumar Chakraborty, ld CIT DR appeared for the revenue. 4. It was submitted by ld AR that in the cross objection, the assessee has challenged the action of the revenue in filing the appeal against the order of ld CIT(A), where the assessee has been

Income Tax Officer, Delhi vs. Pankaj Enterprises Pvt. Ltd., New Delhi

The appeal of the revenue stands dismissed

ITA 4188/DEL/2024[2015-16]Status: DisposedITAT Delhi05 Dec 2025AY 2015-16

Bench: Shri Anubhav Sharma & Shri Manish Agarwalincome Tax Officer Vs. Pankaj Enterprises Pvt. Room No.217, Cr Ltd., 130, First Floor, Building, D-Mall, Netaji Subhash New Delhi – 110002 Place, Pitampura, Saraswati Vihar, North West Delhi, Delhi - 110034 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabcp9429N Appellant .. Respondent C.O. No.83/Del/2025 (Assessment Year:2015-16) Pankaj Enterprises Pvt. Vs. Ito, Ward 19(3) Ltd., 130, First Floor, Room No.217, Cr D-Mall, Netaji Subhash Building, Place, Pitampura, New Delhi – 110002 Saraswati Vihar, North West Delhi, Delhi - 110034 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabcp9429N Appellant .. Respondent

For Appellant: Ms. Shilpi Jain, CAFor Respondent: Sh. Krishna Kumar Ramawat, Sr
Section 13Section 147Section 148Section 282Section 282(1)

Hearing 01.12.2025 Date of Pronouncement 05.12.2025 O R D E R PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue and Cross Objection filed by the assessee against the order dated 09.08.2024 of the Ld. National Faceless Appeal Centre (NFAC) (hereinafter referred as Ld. First Appellate Authority ... served on the assessee beyond the limitation we are inclined to sustain the legal ground No. 1 raised by the assessee and consequently, the Cross Objection of the assessee is allowed. The assessment order is liable to be quashed. Accordingly, ordered. The appeal of the revenue stands dismissed. Order pronounced

Deputy Commissioner of Income Tax, Delhi vs. Rajesh Kumar Kalra, Delhi

ITA 3607/DEL/2025[2013-14]Status: DisposedITAT Delhi04 Dec 2025AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 3607 & Co No. 114/Del/2025 : Asstt. Year: 2013-14 Dcit, Vs Rajesh Kumar Kalra, Central Circle-6, S-241, Ground Floor, Greater Delhi-110055 Kailash, South Delhi, New Delhi-110048 (Appellant) (Respondent) Pan No. Aajpk8606M Assessee By : Sh. Sumaksh Mahajan, Ca Revenue By : Ms. Amisha S. Gupt, Cit-Dr Date Of Hearing: 04.12.2025 Date Of Pronouncement: 04.12.2025 Order Per Satbeer Singh Godara: This Revenue’S Appeal & Assessee’S Cross Objection I.E. & Co No. 114/Del/2025 For Assessment Year 2013-14, Arises Against The Cit(A)-24, New Delhi’S Din & Order No. Itba/Apl/M/250/2024- 25/1073629429(1) Dated 24.02.2025, In Proceedings U/S 153C Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Sumaksh Mahajan, CAFor Respondent: Ms. Amisha S. Gupt, CIT-DR
Section 153C

Date of Hearing: 04.12.2025 Date of Pronouncement: 04.12.2025 ORDER Per Satbeer Singh Godara, Judicial Member: This Revenue’s appeal and assessee’s cross objection i.e. and CO No. 114/Del/2025 for Assessment Year 2013-14, arises against the CIT(A)-24, New Delhi’s DIN & order No. ITBA/APL/M/250/2024- 25/1073629429(1) dated ... detailed discussion quashing the impugned assessment. The Revenue fails in it’s instant appeal ITA No. 3607/Del/2025 therefore. 5. The assessee’s cross objection CO No. 114/Del/2025 is dismissed as rendered infructuous. 6. To sum up, this Revenue’s appeal ITA No. 3607/Del/2025 is dismissed and the assessee’s cross