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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

DCIT, Central Circle-1, Visakhapatnam vs. Datla Vivekananda Raju, Visakhapatnam

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

ITA 52/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam09 Jun 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.52/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2018-19) Dcit – Central Circle -1 V. Datla Vivekananda Raju 5Th Floor, Direct Taxes Building Flat No. 302. Map Hightide Rushikonda, Madhurawada Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh Visakhapatnam – 530041 Andhra Pradesh [Pan: Acopd8861A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) सी.ओ सं. / C.O. No. 16/Viz/2025 [आयक अपील सं. से उत्पन्न / Arising Out Of I.T.A. No. 52/Viz/2025 (A.Y. 2018-19)] Datla Vivekananda Raju V. Dcit – Central Circle -1 Flat No. 302. Map Hightide 5Th Floor, Direct Taxes Building Rushikonda, Madhurawada Mvp Colony, Visakhapatnam – 530017 Andhra Pradesh Visakhapatnam – 530041 Andhra Pradesh [Pan: Acopd8861A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Shri Gvn Hari, Ar करदाता का प्रतततितित्व/ Assessee Represented By : राजस्व का प्रतततितित्व/ Department Represented By Dr. Satyasai Rath, Cit(Dr) :

Section 132Section 142(1)Section 143(2)Section 153ASection 69Section 69C

arising out of order passed under section 153A of the Income Tax Act, 1961 (in short ‘Act’) dated 28.09.2021. Cross objection is filed by the assessee in support of the order of the Ld.CIT(A). 2. Brief facts of the case are that, assessee is an individual and a Director ... with the order of the Ld. CIT(A) while upholding the same. Thus, grounds raised by the revenue are dismissed. 9. With regard to cross objection filed by the assessee, since the grounds raised by the revenue are dismissed as aforesaid, the cross objection which is supporting the order