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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

ACIT, Central Circle-1(1), Hyderabad vs. Ramesh Babu Segu, Hyderabad

ITA 1277/HYD/2024[2017-18]Status: DisposedITAT Hyderabad13 Feb 2026AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1277/Hyd/2024 (निर्धारण वर्ष/Assessment Year:2017-18) Acit, Central Circle-1(1), Hyderabad. (Appellant) Vs. Ramesh Babu Segu, Hyderabad. Pan: Amrps2069N (Respondent) C.O. No.03/Hyd/2025 (In आ.अपी.सं /Ita No.1277/Hyd/2024) (निर्धारण वर्ष/Assessment Year:2017-18) Ramesh Babu Segu, Hyderabad. Pan: Amrps2069N (Appellant) Vs. Acit, Central Circle-1(1), Hyderabad. (Respondent) निर्धारिती द्वारा/Assessee By: Shri K A Sai Prasad, Ca राजस्व द्वारा/Revenue By:: Ms. Payal Gupta, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 11/02/2026 घोषणा की तारीख/Pronouncement: 13/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: The Captioned Appeal Is Filed By The Revenue Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad ("Ld. Cit(A)”), Dated 11/10/2024 For The Assessment Year (“A.Y.”) 2017-18. The Assessee Has Also Raised The Cross Objection For The A.Y.2017-

For Appellant: Shri K A Sai Prasad, CAFor Respondent: : Ms. Payal Gupta, Sr. AR
Section 132Section 143(2)Section 143(3)Section 153CSection 65BSection 69C

Income Tax (Appeals)-11, Hyderabad ("Ld. CIT(A)”), dated 11/10/2024 for the Assessment Year (“A.Y.”) 2017-18. The assessee has also raised the Cross Objection for the A.Y.2017- ITA No.1277/Hyd/2024 & C.O. No.3/Hyd/2025 Ramesh Babu Segu 18. Since the issues raised in the Revenue's appeal and the assessee's Cross

Asst. Director of It (Exemp)-II, Hyderabad vs. Action for Welfare and Awakening in Rural Environment (Aware), Hyderabad

In the result, the C.O. filed by the assessee is partly allowed for statistical purposes

ITA 709/HYD/2012[1995-96]Status: DisposedITAT Hyderabad13 Feb 2026AY 1995-96

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.709/Hyd/2012 ("नधा"रण वष"/Assessment Year:1995-96) Asst. Director Of Income Tax Vs. Action For Welfare & (Exemptions)-Ii, Awakening In Rural Hyderabad. Environment (Aware), Shantivanam, Nagarjuna Sagar Road, Hyderabad. Pan: Aaata2338R (Appellant) (Respondent) C.O. No.138/Hyd/2012 (In आ.अपी.सं /Ita No.709/Hyd/2012) ("नधा"रण वष"/Assessment Year:1995-96) Asst. Director Of Income Tax Vs. Action For Welfare & (Exemptions)-Ii, Awakening In Rural Hyderabad. Environment (Aware), Pragati Bhavan, D.No.5-9- 24/78, Lake Hill Road, Adarshnagar, Hyderabad- 500463. Pan: Aaata2338R (Respondent/Cross Objector) (Appellant In Appeal) "नधा"रती "वारा/Assessee By: Shri S. Rama Rao, Advocate राज" व "वारा/Revenue By:: Ms. U. Mini Chandran, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing: 08/01/2026 घोषणा क" तार"ख/Pronouncement: 13/02/2026

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: : Ms. U. Mini Chandran, CIT-DR
Section 11Section 11(2)Section 11(3)Section 143(3)Section 147

Learned Commissioner of Income Tax (Appeals), Guntur (“Ld. CIT(A)”) dated 23/06/2011 for the Assessment Year (“A.Y.”) 1995-96. The assessee has also raised Cross Objection for the A.Y. 1995-96. As the Revenue’s appeal and the Cross Objection are pertaining to the same assessee and the issues raised ... both the Revenue’s appeal and the assessee’s Cross Objection are interwoven, therefore, for the sake of convenience and brevity, they were heard together and are being disposed of vide a consolidated order. Firstly, we shall take up the appeal filed by the Revenue. ITA No.709/Hyd/2012(Revenue’s Appeal