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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

Assistant Commissioner of Income Tax, Circle-1(1), Delhi, C.R. Building, New Delhi vs. Ajanta Raaj Proteins Limited, Uttar Pradesh

In the result, appeal of the Revenue is partly allowed for statistical purposes

ITA 3016/DEL/2023[2017-18]Status: DisposedITAT Delhi04 Feb 2026AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2017-18] Acit Vs Ajanta Raaj Proteins Ltd. Circle-1(1) 41/4, Friends Tower C.R. Building Sanjay Palace New Delhi. Agra-282005 (U.P) Pan-Aabca1137E Appellant Respondent C.O.No.-144/Del/2023 [In Ita No.3016/Del/2023] [Assessment Year : 2017-18] Ajanta Raaj Proteins Ltd. Vs Acit 41/4-A, Friends Tower Circle-1(1) Sanjay Palace, C.R. Building Agra-282005 (U.P) New Delhi. Pan-Aabca1137E Appellant Respondent Revenue By Shri Krishna Kumar Ramawat, Sr. Dr Assessee By None Date Of Hearing 01.12.2025 Date Of Pronouncement 04.02.2026 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By Revenue & Cross-Appeal Filed By The Assessee Against The Order Dated 28.08.2023 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre

Section 142(1)Section 143(2)Section 143(3)Section 250Section 68

result, appeal of the Revenue is partly allowed for statistical purposes. C.O.No.-144/Del/2023 [In ITA No.3016/Del/2023] [Assessment Year : 2017-18] 8. In the Cross-objection filed, the assessee has challenged the impugned order of Ld. CIT(A) in remanding the issue to the file of AO with respect ... find no error in the aforesaid observation of Ld. CIT(A) and accordingly, the same is hereby, confirmed. All the grounds raised in the cross objection of the assessee are thus, dismissed. 11. In the final result, appeal of the Revenue in ITA No.3016/Del/2023 [Assessment Year 2017-18] is partly

Saheed Darshan Filling Station, Ludhiana vs. Income Tax Officer (ITO), Ward 3, Khanna

In the result, appeal of the assessee is allowed and Stay Application is dismissed

ITA 1736/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh03 Feb 2026AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1736/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 Shaheed Darshan Filling Station, The Ito, Village-Iraq, Kohara Road, Vs Ward-3, Machhiwara, So-Irak, Ludhiana. Khanna. "थायी लेखा सं./Pan No: Aarfs1129H अपीलाथ"/Appellant ""यथ"/Respondent & S.A. No. 5/Chd/2026 In आयकर अपील सं./ Ita No. 1736/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 Shaheed Darshan Filling Station, The Ito, Village-Iraq, Kohara Road, Vs Ward-3, Machhiwara, So-Irak, Ludhiana. Khanna. "थायी लेखा सं./Pan No: Aarfs1129H अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sifatpreet Singh, Ca & Shri Amanjot Singh, Ca Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr. Dr Date Of Hearing : 28.01.2026 Date Of Pronouncement : 03.02.2026 Physical Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sifatpreet Singh, CA and Shri Amanjot Singh, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr. DR
Section 249Section 253Section 3Section 5

record carefully. 5. Sub-section 5 of Section 253 contemplates that the Tribunal may admit an appeal or permit filing of memorandum of cross- objections after expiry of relevant period, if it is satisfied that there was a sufficient cause for not presenting it within that period. This expression sufficient ... SIBAL] JUDGE [ LAPITA BANERJI] 30.04.2025 JUDGE 7. Respectfully following the judgement of the Hon'ble High Court, we allow the ground of appeal of Cross Objection and hold that notice issued under Section 148 of the Income Tax Act in assessment year 2019-20 is bad in the eyes