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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

Deputy Commissioner of Income Tax, Delhi vs. Kamalkunj Commercial Pvt. Ltd., Kolkata

In the result, appeals of the Revenue are dismissed and the

ITA 2363/DEL/2025[2015-16]Status: DisposedITAT Delhi28 Oct 2025AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.2361 To 2363/Del/2025 िनधा"रणवष"/Assessment Years:2013-14 To 2015-16 बनाम Dcit, Kamalkunj Commercial P. Ltd. Unit-8E, 8Th Floor, Block-Iii, 4 Room No.363, Ara Centre, E-2, Vs. Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aacck7628R अपीलाथ" Appellant ""यथ"/Respondent & Co Nos.90 To 92/Del/2025 (Arising Out Of Ita Nos.2361 To 2363/Del/2025) िनधा"रणवष"/Assessment Years: 2013-14 To 2015-16 बनाम Kamalkunj Commercial P. Dcit, Ltd. Vs. Room No.363, Ara Centre, E-2, Unit-8E, 8Th Floor, Block-Iii, 4 Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aacck7628R अपीलाथ" Appellant ""यथ"/Respondent

Section 132Section 133C(1)Section 153ASection 153C

covered within six assessment years as per section 153C of the Act and the Assessee has filed the Cross Objections. 2. Ld. DR strongly placed reliance on the orders of the Assessing Officer and on the other hand, the Ld. Counsel for Assessee relied on the order ... Counsel for the assessee also submitted that the cross objections filed by the assessee are not pressed. Thus, in view of the submissions of the Ld. Counsel for the assessee the cross objections filed by the assessee for AYs 2013-14 to 2015-16 are dismissed as not pressed

Deputy Commissioner of Income Tax, Delhi vs. Kamalkunj Commercial Pvt. Ltd., Kolkata

In the result, appeals of the Revenue are dismissed and the

ITA 2362/DEL/2025[2014-15]Status: DisposedITAT Delhi28 Oct 2025AY 2014-15

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.2361 To 2363/Del/2025 िनधा"रणवष"/Assessment Years:2013-14 To 2015-16 बनाम Dcit, Kamalkunj Commercial P. Ltd. Unit-8E, 8Th Floor, Block-Iii, 4 Room No.363, Ara Centre, E-2, Vs. Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aacck7628R अपीलाथ" Appellant ""यथ"/Respondent & Co Nos.90 To 92/Del/2025 (Arising Out Of Ita Nos.2361 To 2363/Del/2025) िनधा"रणवष"/Assessment Years: 2013-14 To 2015-16 बनाम Kamalkunj Commercial P. Dcit, Ltd. Vs. Room No.363, Ara Centre, E-2, Unit-8E, 8Th Floor, Block-Iii, 4 Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aacck7628R अपीलाथ" Appellant ""यथ"/Respondent

Section 132Section 133C(1)Section 153ASection 153C

covered within six assessment years as per section 153C of the Act and the Assessee has filed the Cross Objections. 2. Ld. DR strongly placed reliance on the orders of the Assessing Officer and on the other hand, the Ld. Counsel for Assessee relied on the order ... Counsel for the assessee also submitted that the cross objections filed by the assessee are not pressed. Thus, in view of the submissions of the Ld. Counsel for the assessee the cross objections filed by the assessee for AYs 2013-14 to 2015-16 are dismissed as not pressed

Deputy Commissioner of Income Tax, Delhi vs. Kamalkunj Commercial Pvt. Ltd., Kolkata

In the result, appeals of the Revenue are dismissed and the

ITA 2361/DEL/2025[2013-14]Status: DisposedITAT Delhi28 Oct 2025AY 2013-14

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A Nos.2361 To 2363/Del/2025 िनधा"रणवष"/Assessment Years:2013-14 To 2015-16 बनाम Dcit, Kamalkunj Commercial P. Ltd. Unit-8E, 8Th Floor, Block-Iii, 4 Room No.363, Ara Centre, E-2, Vs. Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aacck7628R अपीलाथ" Appellant ""यथ"/Respondent & Co Nos.90 To 92/Del/2025 (Arising Out Of Ita Nos.2361 To 2363/Del/2025) िनधा"रणवष"/Assessment Years: 2013-14 To 2015-16 बनाम Kamalkunj Commercial P. Dcit, Ltd. Vs. Room No.363, Ara Centre, E-2, Unit-8E, 8Th Floor, Block-Iii, 4 Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aacck7628R अपीलाथ" Appellant ""यथ"/Respondent

Section 132Section 133C(1)Section 153ASection 153C

covered within six assessment years as per section 153C of the Act and the Assessee has filed the Cross Objections. 2. Ld. DR strongly placed reliance on the orders of the Assessing Officer and on the other hand, the Ld. Counsel for Assessee relied on the order ... Counsel for the assessee also submitted that the cross objections filed by the assessee are not pressed. Thus, in view of the submissions of the Ld. Counsel for the assessee the cross objections filed by the assessee for AYs 2013-14 to 2015-16 are dismissed as not pressed

Deputy Commissioner of Income Tax, Delhi vs. Richfield Goods Pvt. Ltd., Kolkata

In the result, appeal of the Revenue is dismissed and the cross

ITA 2360/DEL/2025[2014-15]Status: DisposedITAT Delhi28 Oct 2025AY 2014-15

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.2360/Del/2025 िनधा"रणवष"/Assessment Year:2014-15 बनाम Dcit, Richfield Goods Pvt. Ltd., Unit-8E, 8Th Floor, Room No.363, Ara Centre, E-2, Vs. Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aadcr7695E अपीलाथ" Appellant ""यथ"/Respondent & Co No.113/Del/2025 (Arising Out Of Ita No.2360/Del/2025) िनधा"रणवष"/Assessment Year: 2014-15 बनाम Richfield Goods Pvt. Ltd., Dcit, Unit-8E, 8Th Floor, Vs. Room No.363, Ara Centre, E-2, Diamond Chamber-4, Jhandewalan Extension, Chowringhee Lane, Park Street, New Delhi. Kolkata. Pan No.Aadcr7695E अपीलाथ" Appellant ""यथ"/Respondent

Section 132Section 133C(1)Section 153Section 153ASection 153C

other hand, the Ld. Counsel relied on the order of the Ld. CIT(A). Ld. Counsel for the assessee also submitted that the cross objection filed by the assessee is not pressed. Thus, in view of the submission of the Ld. Counsel for the assessee the cross objection filed ... sustained and the grounds raised by then Revenue are rejected. 5. In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is dismissed as not pressed. Order pronounced in the open court on 28.10.2025 (M BALAGANESH) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated

Deputy Commissioner of Income Tax, Delhi vs. Richfield Goods Private Limited, Kolkata

In the result, appeal of the Revenue is dismissed and the cross

ITA 2359/DEL/2025[2013-14]Status: DisposedITAT Delhi28 Oct 2025AY 2013-14

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.2359/Del/2025 िनधा"रणवष"/Assessment Year:2013-14 बनाम Dcit, Richfield Goods Pvt. Ltd., Unit-8E, 8Th Floor, Room No.363, Ara Centre, E-2, Vs. Jhandewalan Extension, Diamond Chamber-4, New Delhi. Chowringhee Lane, Park Street, Kolkata. Pan No.Aadcr7695E अपीलाथ" Appellant ""यथ"/Respondent & Co No.112/Del/2025 (Arising Out Of Ita No.2359/Del/2025) िनधा"रणवष"/Assessment Year: 2013-14 बनाम Richfield Goods Pvt. Ltd., Dcit, Unit-8E, 8Th Floor, Vs. Room No.363, Ara Centre, E-2, Diamond Chamber-4, Jhandewalan Extension, Chowringhee Lane, Park Street, New Delhi. Kolkata. Pan No.Aadcr7695E अपीलाथ" Appellant ""यथ"/Respondent

Section 132Section 133C(1)Section 153ASection 153C

other hand, the Ld. Counsel relied on the order of the Ld. CIT(A). Ld. Counsel for the assessee also submitted that the cross objection filed by the assessee is not pressed. Thus, in view of the submission of the Ld. Counsel for the assessee the cross objection filed ... sustained and the grounds raised by then Revenue are rejected. 5. In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is dismissed as not pressed. Order pronounced in the open court on 28.10.2025 (M BALAGANESH) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated