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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

A.C.I.T Circle-2(1), Rajkot vs. Sanskar Developers, Rajkot

In the result, the appeal filed by the Revenue is allowed for statistical purposes, whereas cross objection (CO ) filed by the assessee is dismissed

ITA 242/RJT/2024[2015-16]Status: DisposedITAT Rajkot17 Jul 2025AY 2015-16

Bench: Dr. Arjun Lal Saini. & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 242/Rjt/2024 (िनधा"रण वष"/Assessment Year: (2015-16) Assisstant Commissioner Of Income- Sanskar Developers Tax, Circle-2(1), Rajkot, Room No. 311, Shop No. 1, Shri Raj Complex, 1- Vs. 3Rd Floor, Aayakar Bhawan, Race Madhav Park, B/H. Vijay Hostel, Course Road, Rajkot – 360001 150Ft Ring Road, Rajkot – 360004 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ackfs 2310 R (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Rashmin Vakariya, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 147Section 148Section 250

तारीख /Date of Pronouncement : 17/07/2025 आदेश / O R D E R Per, Dr. A. L. Saini, AM: Captioned appeal filed by the Revenue and Cross Objection filed by the assessee, pertaining to Assessment Year 2015-16, are directed against the order passed by the National Faceless Appeal Centre (NFAC) Delhi/Learned ... aside and that of the assessing officer be restored to the above extent.” 3. The assessee has raised following ground in its cross objection: “1. The Ld. CIT(A) erred in dismissing ground of appeal relating to initiation of action u/ 148 of the Act.” 4. Revenue has raised

Income Tax Officer, Kendrapara Ward, Kendrapara vs. Prahallad Prusty, Kendrapara

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

ITA 274/CTK/2025[2017-18]Status: DisposedITAT Cuttack16 Jul 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.274/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Ito Kendrapara Ward, Kendrapara Vs Prahallad Prusty, At-Kasoti, Pandiri, Duhuria, Kendrapara-754250 Pan No. : Ahdpp 6304 J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. & Cross Objection No.07/Ctk/2025 (Arising Out Of Ita No.274/Ctk/2025) (नििाारण वर्ा / Assessment Year : 2017-2018) Prahallad Prusty, Vs Ito Kendrapara Ward, Kendrapara At-Kasoti, Pandiri, Duhuria, Kendrapara-754250 Pan No. : Ahdpp 6304 J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) ..

For Appellant: Shri Mohit Sheth, AdvocateFor Respondent: Shri Nishanth Rao B, Sr.DR

Kendrapara Ward, Kendrapara Vs Prahallad Prusty, At-Kasoti, Pandiri, Duhuria, Kendrapara-754250 PAN No. : AHDPP 6304 J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. AND Cross Objection No.07/CTK/2025 (Arising out of ITA No.274/CTK/2025) (नििाारण वर्ा / Assessment Year : 2017-2018) Prahallad Prusty, Vs ITO Kendrapara Ward, Kendrapara At-Kasoti, Pandiri, Duhuria, Kendrapara ... National Faceless Appeal Centre (NFAC), Delhi, dated 06.03.2025, for the assessment year 2017-2018. The assessee has also filed Cross Objection supporting to the order passed by the ld.CIT(A). 2. It was submitted by the ld Sr. DR that in the course of assessment two additions have been made

Income Tax Officer, Delhi vs. Akash Deep Sethi, Delhi

In the result, the appeal filed by the Revenue is dismissed and at the same time, the cross objections filed by the assessee are also dismissed

ITA 4973/DEL/2024[2021-22]Status: DisposedITAT Delhi16 Jul 2025AY 2021-22

Bench: Shri Challa Nagendra Prasad & Shri S. Rifaur Rahmanincome Tax Officer, Vs. Akash Deep Sethi, Delhi. B-236, Derawal Nagar, Model Town, Delhi – 110 009. (Pan : Abyps8933P) Co No.26/Del/2025 (In Ita No.4973/Del/2024) (Assessment Year: 2021-22) Akash Deep Sethi, Vs. Income Tax Officer, B-236, Derawal Nagar, Delhi. Model Town, Delhi – 110 009. (Pan : Abyps8933P) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Shri Aman Garg, Ca Ms. Kirti, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 27.05.2025 Date Of Order : 16.07.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 133(6)Section 139Section 142(1)Section 143(2)Section 143(3)Section 44A

NFAC), Delhi 2 CO No.26/Del/2025 [hereinafter referred to as ‘ld. CIT (A)] dated 27.06.2024 for Assessment Year 2021-22. The assessee has also filed cross objections against the aforesaid order of the ld. CIT (A). 2. Brief facts of the case are, assessee filed its return of income ... hence the addition made should come to Rs. 31,68,,277/-.” 5. Aggrieved the Revenue is in appeal before us and assessee has filed cross objections in support of the findings of the ld. CIT (A), raising following grounds of appeal :- “Revenue’s Appeal 1. On the facts and circumstances

Deputy Commissioner of Income Tax, Central Circle-03, Delhi vs. Haryana Constructions Pvt Ltd, Gurugram

In the result, cross objection of the assessee is allowed and appeal

ITA 2755/DEL/2023[2017-18]Status: DisposedITAT Delhi16 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Dcit, Vs. Haryana Constructions Pvt. Ltd, Central Circle-03, 14 Marla, Plot No. 7P, Sector-47, New Delhi Urban Estate, Ue 029, Gurugram, Haryana 122001 (Appellant) (Respondent) Pan: Aacch1215R Co 43/Del/2024 (In Ita No. 2755/Del/2023) (Assessment Year: 2017-18) Haryana Constructions Pvt. Ltd, Vs. Dcit, 14 Marla, Plot No. 7P, Sector-47, Central Circle-03, Urban Estate, Ue 029, New Delhi Gurugram, Haryana 122001 (Appellant) (Respondent) Pan: Aacch1215R Assessee By : Shri Gautam Jain, Adv Shri Parth Singhal, Adv Shri Ankit Kumar, Adv Revenue By: Ms. Sita Shrivastava, Cit (Dr) Date Of Hearing 21/05/2025 Date Of Pronouncement 16/07/2025

For Appellant: Shri Gautam Jain, AdvFor Respondent: Ms. Sita Shrivastava, CIT (DR)
Section 132Section 133ASection 153ASection 153CSection 153D

pronouncement 16/07/2025 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal filed by the revenue in ITA No.2755/Del/2023 and Cross Objection filed by the assessee in CO No. 43/Del/2024 for AY 2017-18, arise out of the order of the Commissioner of Income Tax (Appeals ... DCIT, Central Circle-3, New Delhi (hereinafter referred to as „ld. AO‟). 2. The assessee has raised the following grounds of appeal in its cross objection:- “1. That the learned Commissioner of Income Tax (Appeals)-23. New Delhi has grossly erred both in law and on facts in upholding

Income Tax Officer, Morbi vs. Pravinbhai Shivlalbhai Ghodasara, Morbi

In the result, appeal filed by the Revenue, is dismissed and cross objection filed by the assessee, is also dismissed

ITA 935/RJT/2024[2015-16]Status: DisposedITAT Rajkot15 Jul 2025AY 2015-16

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.935/Rjt/2024 "नधा"रण वष" / Assessment Year: (2015-16) (Hybrid Hearing) Income-Tax Officer Ward-1, Vs. Pravinbhai Shivlalbhai Aayakar Vibhag, J K Chamber, Nh Ghodasara 8A, At- Lalpar, Raj Bank Street, Morbi - 363642 Kalika Plot, Morbi - 363642 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Askpg8977A (Assessee) (Respondent) Co No.12/Rjt/2025 (A/O Ita No.935/Rjt/2024) Assessment Year: (2015-16)

For Appellant: Shri Hardik Vora, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 144BSection 147Section 69

12/Rjt/25 ITO Ward-1 vs. Prabinbhai आदेश / O R D E R Per Dr. Arjunlal Saini AM: Captioned appeal filed by the Revenue and Cross Objection filed by the assessee, pertaining to Assessment Year 2015-16, are directed against the order passed by the Learned Commissioner of Income Tax (Appeal ... partly deleted the addition made by the assessing officer, therefore, the revenue is in appeal before us and assessee also is in cross objection before us, in respect of addition sustained by the learned CIT(A). 6. Learned DR for the Revenue submitted that Assessing officer made addition in respect