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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, Central Circle-15, Delhi vs. Prem Arora, Delhi

In the result, the Appeal of the Revenue is dismissed

ITA 540/DEL/2025[2011-12]Status: DisposedITAT Delhi26 Sept 2025AY 2011-12

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandradeputy Commissioner Of Vs Prem Arora Income Tax, Room No. 245, M-75, Greater Kailash, 2Nd Floor, E-2, Block, Ara Part-1, South Delhi, Centre, Jhandewalan Delhi Extension, New Delhi Pan: Adppa7189L Appellant Respondent C.O No. 79/Del/2025 (Arising Out Of Ita No. 540/Del/2025) Prem Arora Vs. Deputy Commissioner Of M-75, Greater Kailash, Income Tax, Room No. 245, Part-1, South Delhi, 2Nd Floor, E-2, Block, Ara Delhi Centre, Jhandewalan Pan: Adppa7189L Extension, New Delhi Appellant Respondent Assessee By Sh. Ved Jain, Adv & Ms.Uma Upadhyay, Ca Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 24/09/2025 Date Of Pronouncement 26/09/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal & Cross Objection Are Filed By The Revenue

Section 144Section 153CSection 153C(1)

Pooja Swaroop, CIT DR Date of Hearing 24/09/2025 Date of Pronouncement 26/09/2025 ORDER PER YOGESH KUMAR, U.S. JM: The present appeal and Cross Objection are filed by the Revenue and the Assessee respectively challenging the order of Ld. Commissioner of Income Tax (Appeals) (‘Ld. CIT(A)’ for short), New Delhi ... assessment order. 8. In the result, the Appeal of the Revenue is dismissed. 9. Since we have dismissed the Appeal of the Revenue, the Cross Objection filed by the Assessee becomes in-fructuous. Accordingly, Cross Objection filed by the Assessee is dismissed. Order pronounced in the open court on 26th

Income Tax Officer 1(1)(1), Kanpur vs. Ajay Kumar Gupta, Kanpur

In the result, ITA No.427/LKW/2024 is allowed for statistical purposes while CO No

ITA 427/LKW/2024[2017-18]Status: DisposedITAT Lucknow25 Sept 2025AY 2017-18

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Income Tax Officer-1(1)(1), Vs. Ajay Kumar Gupta, Kanpur, U.P. 51/92C, Naya Ganj, Kanpur Pan: Abkpg5651J (Appellant) (Respondent) C.O. No.26/Lkw/2024 In A.Y. 2017-18 Ajay Kumar Gupta, Vs. Income Tax Officer-1(1)(1), 51/92C, Naya Ganj, Kanpur Kanpur, U.P. Pan: Abkpg5651J (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 04.09.2025 Date Of Pronouncement: 25.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Appeal & Cross Objection Have Been Filed By The Revenue & The Assessee Respectively, Against The Orders Of The Ld. Cit, Nfac Passed Under Section 250 Of The Income Tax Act, 1961 On 10.05.2024, Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Orders Of The Ao Under Section 147 R.W.S. 144 Passed On 30.03.2022. The Grounds Of Appeal Are As Under:- “1. Ld. Commissioner Of Income Tax (Appeal) Has Erred In Law & On Facts In Accepting The Contention Of The Assessee That The Proceedings Made U/S 147 Is Not In Accordance With Law. 2. Ld. Commissioner Of Income Tax (Appeal) Has Erred In Law & On Facts In Deleting The Addition Made By The Ao On Account Of Unexplained Money U/S 69A Of Income Tax Act, 1961 Deposited During The F.Y.2016-17 Without Appreciating That The Ao Has 1 Co No.26/Lkw/2024 Ajay Kumar Gupta A.Y. 2017-18

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 142(1)Section 144Section 144BSection 147Section 148Section 250Section 69A

Shukla, Addl CIT DR Date of hearing: 04.09.2025 Date of pronouncement: 25.09.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: [ This Appeal and Cross Objection have been filed by the Revenue and the assessee respectively, against the orders of the ld. CIT, NFAC passed under section ... appeal mentioned above and/or to add any fresh grounds as and when it is required to do so. 2. The grounds of appeal in Cross Objection are as under:- “1. That the L.D A.O Erred In Law as Well As On Facts in Reopening the Assessment o the Basis

Income Tax Officer, Ward-2(5), Visakhapatnam vs. Duvvuru Rekha Reddy, Kurmannapalem

In the result, the cross objection filed by the assessee is allowed

ITA 450/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam24 Sept 2025AY 2017-18

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.450/Viz/2024 (निर्धारण वर्ा/ Assessment Year:2017-18) Vs. Income Tax Officer –Ward– 2(5) Duvvuru Rekha Reddy 2Nd Floor, Infinity Towers Flat No. 402, Vizag Profile Towers Sankaramatam Road Kurmannapalem Visakhapatnam - 530016 Visakhapatnam -530046 Andhra Pradesh [Pan:Afdpr3780C] सी.ओ सं. / C.O. No. 17/Viz/2024 [आयकरअपीलसं.से उत्पन्न/I.T.A.No.450/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18)] Vs. Income Tax Officer –Ward– 2(5) Duvvuru Rekha Reddy 2Nd Floor, Infinity Towers Flat No. 402, Vizag Profile Towers Sankaramatam Road Kurmannapalem Visakhapatnam - 530016 Visakhapatnam - 530046 Andhra Pradesh [Pan:Afdpr3780C]

Section 10(38)Section 147Section 148Section 68

A.Y.2017-18 arising out of order passed under section 147 r.w.s. 144 of Income Tax Act, 1961 (in short ‘Act’) dated 30.05.2023. Cross objection is filed by the assessee. 2. Brief facts of the case are, assessee E-filed her return of income on 01.08.2022 declaring income of Rs.4 ... assessee. 5. On being aggrieved by the order of the Ld. CIT(A), revenue is in appeal before us and assessee filed a cross objection. Firstly, we proceed to adjudicate the cross objection filed by the assessee. 6. Assessee has raised following grounds of appeal in cross objection