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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-18, New Delhi vs. Gaurav Aggarwal, New Delhi

The appeal of the Revenue is dismissed

ITA 6204/DEL/2017[2011-12]Status: DisposedITAT Delhi18 Jun 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2011-12 Acit, Vs Shri Gaurav Aggarwal, Central Circle-18, D-31, Pushpanjali Enclave, New Delhi. Pitampura, New Delhi – 110 034. Co No.13/Del/2021 (Ita No.6204/Del/2017) Assessment Year: 2011-12 Shri Gaurav Aggarwal, Vs. Acit, D-31, Pushpanjali Enclave, Central Circle-18, Pitampura, New Delhi New Delhi – 110 034. (Appellant) (Respondent) Assessee By : Shri Salil Aggarwal, Sr. Advocate; Shri Shailesh Gupta, Ca; Shri Uma Shankar, Advocate; & Shri Madhur Aggarwal, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit-Dr Date Of Hearing : 30.04.2025 Date Of Pronouncement : 18.06.2025

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT-DR
Section 127Section 143(2)Section 143(3)Section 153C

hereinafter referred as ‘the Act’) by the DCIT, Central Circle-09, New Delhi (hereinafter referred to as the Ld. AO). The assessee has filed Cross Objection. 2. On hearing both the sides, we find that by way of Cross Objections, the assessee has challenged the assumption of jurisdiction itself ... convenience, the grounds of the Cross Objections are reproduced below:- “1 That the learned Commissioner of Income Tax (Appeals) has erred both in law and on facts in sustaining the initiation of proceedings under section 153C of the Act and, further completion of assessment under section 153C/143

DCIT, Lucknow vs. Sahara India Mutual Benifit Corp. Ltd., Lucknow

In the result, both appeals of the Revenue and cross objections of the assessee/respondent are dismissed

ITA 684/LKW/2000[1996-97]Status: DisposedITAT Lucknow13 Jun 2025AY 1996-97

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.683/लखनऊ /2000 (िन.व. 1996-97) Deputy Commissioner Of Income Tax, ...... अपीलाथ"/Appellant Central Circle-I, Lucknow बनाम Vs. Sahara India Mutual Benefit Co. Ltd., 1, Kapoorthala Complex, Aliganj, Lucknow, Up ..... "ितवादी/Respondent Pan/Gir No. 111-S/Cc-I/Lko Co No. 10/Lkw/2004 (A.Y. 1996-97) In Ita No. 683/Lkw/2000 Sahara India Mutual Benefit Co. Ltd., (Since Amalgamated With Sahara India Commercial Corpn. Ltd.) 1, Kapoorthala Complex, Aliganj, Lucknow, Up ...... अपीलाथ"/Appellant Pan/Gir No. 111-S/Cc-I/Lko बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-I, Lucknow आअसं.684/ लखनऊ/2000 (िन.व. 1996-97) Assistant Commissioner Of Income Tax, ...... अपीलाथ"/Appellant Central Circle-1, New Delhi बनाम Vs. Sahara India Commercial Corporation Ltd. (Earlier Sahara India Mutal Benefit Ltd.) 2A Sahara India Sadan, Sakespeare Sarani, Kolkata 700071 ..... "ितवादी/Respondent Pan: Aadcs-6118-F

For Appellant: NoneFor Respondent: Shri Javed Akhtar, CIT(DR)
Section 127Section 201(1)Section 260ASection 271C

against the order of Commissioner of Income Tax (Appeals)-II, Lucknow [hereinafter referred to as ‘the CIT(A)’] dated 24.03.2000. The assessee has filed Cross Objections in appeal by the Department. 1.1. The appeal of the Revenue in ITA No. 684/LKW/2000 is directed against the order of CIT(A) dated ... Bench that when the assessment orders were passed by the Assessing Officer having situs at Lucknow, as to how these appeals and cross objections are maintainable at Delhi Benches in light of the decision rendered by Hon’ble Supreme Court of India in the case of PCIT vs. ABC Papers

DCIT, Lucknow vs. Sahara India Mutual Benifit Corp. Ltd., Lucknow

In the result, both appeals of the Revenue and cross objections of the assessee/respondent are dismissed

ITA 683/LKW/2000[1996-97]Status: DisposedITAT Lucknow13 Jun 2025AY 1996-97

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.683/लखनऊ /2000 (िन.व. 1996-97) Deputy Commissioner Of Income Tax, ...... अपीलाथ"/Appellant Central Circle-I, Lucknow बनाम Vs. Sahara India Mutual Benefit Co. Ltd., 1, Kapoorthala Complex, Aliganj, Lucknow, Up ..... "ितवादी/Respondent Pan/Gir No. 111-S/Cc-I/Lko Co No. 10/Lkw/2004 (A.Y. 1996-97) In Ita No. 683/Lkw/2000 Sahara India Mutual Benefit Co. Ltd., (Since Amalgamated With Sahara India Commercial Corpn. Ltd.) 1, Kapoorthala Complex, Aliganj, Lucknow, Up ...... अपीलाथ"/Appellant Pan/Gir No. 111-S/Cc-I/Lko बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-I, Lucknow आअसं.684/ लखनऊ/2000 (िन.व. 1996-97) Assistant Commissioner Of Income Tax, ...... अपीलाथ"/Appellant Central Circle-1, New Delhi बनाम Vs. Sahara India Commercial Corporation Ltd. (Earlier Sahara India Mutal Benefit Ltd.) 2A Sahara India Sadan, Sakespeare Sarani, Kolkata 700071 ..... "ितवादी/Respondent Pan: Aadcs-6118-F

For Appellant: NoneFor Respondent: Shri Javed Akhtar, CIT(DR)
Section 127Section 201(1)Section 260ASection 271C

against the order of Commissioner of Income Tax (Appeals)-II, Lucknow [hereinafter referred to as ‘the CIT(A)’] dated 24.03.2000. The assessee has filed Cross Objections in appeal by the Department. 1.1. The appeal of the Revenue in ITA No. 684/LKW/2000 is directed against the order of CIT(A) dated ... Bench that when the assessment orders were passed by the Assessing Officer having situs at Lucknow, as to how these appeals and cross objections are maintainable at Delhi Benches in light of the decision rendered by Hon’ble Supreme Court of India in the case of PCIT vs. ABC Papers