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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

Assistant Commissioner of Income Tax, Circle 2(1), Ghaziabad vs. Arun Kumar, Ghaziabad

In the result, the Cross Objection of the assessee is allowed

ITA 1093/DEL/2025[2013-14]Status: DisposedITAT Delhi27 Oct 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] Assistant Commissioner Of Arun Kumar, Income Tax, Circle-2(1), Ii F-3, Nehru Nagar, 201-202, 2Nd Floor, Cgo-1, Vs Uttar Pradesh-201001 Near Purani Hapur Chungi, Uttar Pradesh-201002 Pan-Aeapk1314B Appellant Respondent Cross Objection No.117/Del/2025 (Arising Out Of Ita No.1093/Del/2025) [Assessment Year: 2013-14] Arun Kumar, Assistant Commissioner Of Income Ii F-3, Nehru Nagar, Tax, Circle-2(1), 201-202, 2Nd Floor, Cgo-1, Near Uttar Pradesh-201001 Vs Purani Hapur Chungi, Uttar Pradesh-201002 Pan-Aeapk1314B Appellant Respondent Assessee By Shri Somil Agarwal, Adv. Revenue By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 13.10.2025 Date Of Pronouncement 27.10.2025 Order Per Amitabh Shukla, Am

Section 143(3)Section 147Section 148Section 149(1)

Nehru Nagar, 201-202, 2nd Floor, CGO-1, Vs Uttar Pradesh-201001 Near Purani Hapur Chungi, Uttar Pradesh-201002 PAN-AEAPK1314B Appellant Respondent Cross Objection No.117/Del/2025 (Arising out of ITA No.1093/Del/2025) [Assessment Year: 2013-14] Arun Kumar, Assistant Commissioner of Income II F-3, Nehru Nagar, Tax, Circle ... hereinafter referred to as ‘the Act’) by National Faceless Assessment Centre, Delhi, pertaining to Assessment Year 2013-14. The assessee has also filed Cross Objection. 2. The appeal of the Revenue and the Cross Objection filed by the assessee are interconnected and hence for the purposes of convenience were heard

Assistant Commissioner of Income Tax, Jhandewalan Extension, New Delhi vs. Tvarur and Fats Private Limited, New Delhi

In the result, Appeal of the Revenue in ITA No

ITA 3006/DEL/2024[2016-17]Status: DisposedITAT Delhi24 Oct 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Assistant Commissioner Vs. Tvarur & Fats Pvt. Ltd. Of Income Tax, Unit No. 101, 102A, First Floor, Room No. 332, 3Rd Floor, Plot No. 9, Realtech Copia, Ara Centre, Jhandewalan Corporate Suits, Jasola District Extension, New Delhi Centre, New Delhi Pan: Aaect7561Q Appellant Respondent C.O. No. 83/Del/2024 (In Ita No. 3006/Del/2024) Tvarur & Fats Pvt. Ltd. Vs. Assistant Commissioner Of Unit No. 101, 102A, First Income Tax, Floor, Plot No. 9, Room No. 332, 3Rd Floor, Ara Realtechcopia, Corporate Centre, Jhandewalan Suits, Jasola District Extension, New Delhi Centre, New Delhi Pan: Aaect7561Q Appellant Respondent Assessee By Sh. Ashwani Kumar, Ca & Sh. Aditya Kumar, Ca Revenue By Sh. S. K. Jadhav, Cit(Dr) Date Of Hearing 05/08/2025 Date Of Pronouncement 24/10/2025

Section 92C

Date of Hearing 05/08/2025 Date of Pronouncement 24/10/2025 ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Revenue and cross objection filed by the Assessee against the Commissioner of Income Tax (Appeals), - 44(‘Ld. CIT(A)’ for short)- Delhi dated 29/03/2024 for Assessment Year ... before and during the course of hearing.” 3 ITA No. 3006/Del/2024& C.O. No. 83/Del/2024 ACIT Vs. Tvarur Fats Pvt. Ltd. 3. The Grounds of Cross Objection filed by the Assessee are as under:- “1. Ld. CIT(A)has erred in deleting the addition of Rs.2,18,32,196/- made

Income Tax Officer, Ward-2(3)(1), Surat vs. Ambubhai Thakorbhai Patel, Surat

In the result, the appeal of the Revenue is dismissed and the CO of the assessee is allowed

ITA 1020/SRT/2024[2016-17]Status: DisposedITAT Surat17 Oct 2025AY 2016-17

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1020/Srt/2024 Assessment Year: 2016-17 (Hybrid Hearing) Income-Tax Officer Ward-2(3)(1), Ambubhai Thakorbhai Patel बनाम/ Surat, Room No. 614, 6Th Floor, 2/5 Bhesan, Gosai Faliyu Choryasi, Vs. Aaykar Bhawan, Majura Gate, Surat-395 005 Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ctopp 7620 J (अपीलाथ"/Appellant) (""थ" /Respondent) ""या"ेप सं /Co No.9/Srt/2025 (A/O Ita No.1020/Srt/2024/ (Ay 2018-19) Ambubhai Thakorbhai Patel Income-Tax Officer Ward-2(3)(1), बनाम/ 2/5 Bhesan, Gosai Faliyu Surat, Room No. 614, 6Th Floor, Vs. Choryasi, Surat-395 005 Aaykar Bhawan, Majura Gate, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ctopp 7620 J (""यथ"/Respondent) (Co-Objector)

Section 147Section 148Section 250Section 250(2)Section 48

31/07/2025 उद्घोषणा की तारीख/Date of Pronouncement 17/10/2025 आदेश / O R D E R PER BIJAYANANDA PRUSETH, AM: This appeal by the revenue and Cross Objection (CO) by the assessee therein emanate from the order passed under section 250 of the Income-tax Act, 1961 (in short, 'the Act’) dated