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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, Ward-1, Jagraon vs. Piara Singh Gill, Vpo Jhorran

In the result, appeal as well as Cross Objections, both are dismissed

ITA 230/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh27 Aug 2025AY 2020-21

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 230/Chd/2025 "नधा"रण वष" / Assessment Year: 2020-21 The Ito, Vs Shri Piara Singh Gill, Ward – 1, S/O Harchand Singh, Jagraon. Vpo – Jhorran, Tehsil – Raikot, Ludhiana. "थायी लेखा सं./Pan No: Bdipg3875K अपीलाथ"/Appellant ""यथ"/Respondent & C.O. No. 12/Chd/2025 In आयकर अपील सं./ Ita No. 230/Chd/2025 "नधा"रण वष" / Assessment Year: 2020-21 Shri Piara Singh Gill, The Ito, S/O Harchand Singh, Vs Ward – 1, Vpo – Jhorran, Jagraon. Tehsil – Raikot, Ludhiana. "थायी लेखा सं./Pan No: Bdipg3875K अपीलाथ"/Appellant ""यथ"/Respondent Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr.Dr Assessee By : Shri Sudhir Sehgal, Advocate Date Of Hearing : 12.08.2025 Date Of Pronouncement : 27.08.2025 Physical Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sudhir SehgaL, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr.DR

12/CHD/2025 A.Y.2020-21 2 short ‘the CIT (A)’] dated 04.01.2025 passed in assessment year 2020-21. On receipt of notice, assessee has filed Cross Objection bearing No.12/CHD/2025. 2. Though the Revenue has taken six grounds of appeal but its basic grievance is that ld. CIT (Appeals) has erred in setting aside ... Accordingly, we do not find any merit in this appeal, it is dismissed. 4. The ld. counsel for the assessee did not press the Cross Objection, hence, it is also rejected. 5. In the result, appeal as well as Cross Objections, both are dismissed. Order pronounced on 27.08.2025. (KRINWANT SAHAY

Income Tax Officer, Ward-2(1)(2), Aayakar Bhavan Vejalpur vs. Vipul Jagdishbhai Patel(HUF), Naranpura Ahmedabad

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

ITA 1324/AHD/2025[2012-13]Status: DisposedITAT Ahmedabad27 Aug 2025AY 2012-13

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1324/Ahd/2025 A/W. Cross Objection No. 59/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2012-13) बनाम/ Income Tax Officer Vipul Jagdishbhai Patel Ward-2(1)(2), Ahmedabad (Huf) Vs. A-302, Aryan-2, Nr. Kabir School, B/H. St. Xaviers School, Naranpura, Ahmedabad, Gujarat - 380013 & Vipul Jagdishbhai Patel Income Tax Officer (Huf) Ward-2(1)(2), A-302, Aryan-2, Nr. Kabir Ahmedabad School, B/H. St. Xaviers School, Naranpura, Ahmedabad, Gujarat - 380013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaghv7848P (Appellant / Cross Objector) .. (Respondent) Assessee By : Shri Kirit P Shah, A.R. Revenue By : Shri Nitin Kulkarni, Sr. Dr Date Of Hearing 19/08/2025 Date Of Pronouncement 27/08/2025 O R D E R The Present Appeal Of The Revenue & Cross Objection Of The Assessee Are Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Addl/Jcit (A)-1, Siliguri (Hereinafter Referred To As “Cit(A)”), Dated 30.03.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”) & Relate To Assessment Year (A.Y.) 2012-13. Ita No. 1324/Ahd/2025 A/W. Co No. 59/Ahd/2025 [Vipul Jagdishbhai Patel (Huf)] A.Y. 2012-13 - 2 – 2. The Appeal Of The Assessee Is Delayed For Filing By 16 Days. The Ao Has Explained The Cause Of Delay As Being Preoccupied In Pressing Matters Including Time Barring Matters, High Court Matters & Others. Considering The Smallness Of The Delay, We Consider It Fit To Condone The Delay. Order Was Pronounced In The Open Court.

For Appellant: Shri Kirit P Shah, A.RFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 132Section 143(1)Section 147Section 250

INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 1324/Ahd/2025 A/w. CROSS OBJECTION No. 59/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2012-13) बनाम/ Income Tax Officer Vipul Jagdishbhai Patel Ward-2(1)(2), Ahmedabad (HUF) Vs. A-302, Aryan ... Nitin Kulkarni, Sr. DR Date of Hearing 19/08/2025 Date of Pronouncement 27/08/2025 O R D E R The present appeal of the Revenue and Cross Objection of the assessee are against the order of the Ld. Commissioner of Income Tax (Appeals), ADDL/JCIT (A)-1, Siliguri (hereinafter referred

DCIT, CC-4(4), Kolkata vs. Hemraj Industries Private Limited, Kolkata

In the result, appeal of the revenue and cross objection of the assessee are dismissed

ITA 58/KOL/2025[2021-22]Status: DisposedITAT Kolkata26 Aug 2025AY 2021-22

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.58/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2021-2022) Dcit, Cc-4(4), Kolkata Vs Hemraj Industries Private Ltd., 46B, Rafi Ahmed Kidwai Road, (1St Floor), Kolkata-700016 Pan No. :Aaach 8249 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) & प्रत्याक्षेप सं/Cross Objection No.35/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2021-2022) Dcit, Cc-4(4), Kolkata Hemraj Industries Private Ltd., Vs 46B, Rafi Ahmed Kidwai Road, (1St Floor), Kolkata-700016 Pan No. :Aaach 8249 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Dipu Koley, Adl.Cit-Sr.Dr निर्धाररती की ओर से /Assessee By : Shri S.M.Surana & Sunil Surana, Ars सुनवाई की तारीख / Date Of Hearing : 24/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Rajesh Kumar, Am : The Revenue Has Filed Appeal Against The Order Dated 11.11.2024, Passed By The Ld. Cit(A), Kolkata-27, For The Assessment Year 2021-2022 & The Assessee Has Filed Cross Objecting Arising Out Of The Appeal Filed By The Revenue. 2. The Only Issue Raised By The Revenue In Its Appeal Is Against The Deletion Of Addition To The Tune Of Rs.88,69,577/- By The Ld.Cit(A) Thereby Partly Sustaining The Addition To The Tune Of Rs.12,67,083/- As Against The Addition Made By The Assessing Officer Of Rs.1,01,36,660/- As Unaccounted Sale Of The Assessee Outside The Books Of Accounts

For Appellant: Shri S.M.Surana & Sunil Surana, ARsFor Respondent: Shri Dipu Koley, Adl.CIT-Sr.DR
Section 132Section 69A

against the order dated 11.11.2024, passed by the ld. CIT(A), Kolkata-27, for the assessment year 2021-2022 and the assessee has filed cross objecting arising out of the appeal filed by the revenue. 2. The only issue raised by the revenue in its appeal is against the deletion ... Assessing Officer of Rs.1,01,36,660/- as unaccounted sale of the assessee outside the books of accounts, 2 &CO No.35/KOL/2025 whereas in the cross objection the assessee has challenged the sustenance of addition at Rs.12,67,083/- by the ld.CIT(A) estimating the profit at the rate