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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, Circle-1, Haldwani vs. Delta Power Solution India Pvt. Ltd., U S Nagar

Accordingly. This Revenue’s appeal ITA Nos. 5543/Del/2018 is partly allowed for statistical purposes

ITA 5543/DEL/2018[2013-14]Status: HeardITAT Dehradun02 Apr 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2013-14 Vs. M/S. Dcit, Delta Power Solution Circle-1, (India) Pvt. Ltd., Haldwani Plot No. 38, Phase-1, Sector-5, Iie, Pantnagar, Rudrapur, Distt. Us Nagar, Udham Singh Nagar, Uttarakhand Pan: Aaccd5896N (Appellant) (Respondent) With C.O. No. 38/Del/2019 [Arise Out Of Ita No.5543/Del/2018] Assessment Year: 2013-14 Vs. Dcit, Delta Power Solution (India) Pvt. Ltd., Circle-1, Plot No. 38, Phase-1, Sector- Haldwani 5, Iie, Pantnagar, Rudrapur, Distt. Us Nagar, Udham Singh Nagar, Uttarakhand Pan: Aaccd5896N (Appellant) (Respondent) With Assessment Year: 2013-14 Vs. Delta Power Solution (India) Acit, Haldwani Pvt. Ltd. (Now, Delta Electronics India Pvt. Ltd.) Plot No. 43, Sector-35, Hsiidc, Gurgaon Pan: Aaccd5896N (Appellant) (Respondent)

Section 143(3)

single assessee herein, M/s. Delta Power Solutions India Pvt. Ltd. These Revenue’s twin appeals ITA Nos.5543/Del/2018 and 3/DDN/2024 (duplicate file) with assessee’s cross-objection in the former case C.O. No. 38/Del/2019, arise against the CIT(A), Haldwani’s order dated 23.05.2018 passed in case no. 10216/CIT(A)/HLD/2016-17 ... partly allowed for statistical purposes and it’s latter appeal ITA No. 3/DDN/2024 is dismissed as a “duplicate” file and the assessee’s cross objections C.O. No. 38/Del/2019 is dismissed as not pressed, in above terms. A copy of this common order be placed in the respective case files. Order

Income Tax Officer, Ernakulam vs. Christ Educational Trust, Ernakulam

In the result, both appeal filed by the revenue and CO filed by the assessee are partly allowed

ITA 221/COCH/2024[2016]Status: DisposedITAT Cochin02 Apr 2025

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessment Year: 2016-17 Christ Educational Trust 3/356A, Christ Educational Trust Airapuram Po Vs. Ito Kuzhoor Ernakulam Kerala 683541 Pan No : Aabtc23768Q Appellant Respondent Co No.22/Coch/2024 Assessment Year: 2016-17 Christ Educational Trust 3/356A, Christ Educational Trust Airapuram Po Vs. Kuzhoor Ito Kerala 683541 Ernakulam Pan No : Aabtc23768Q Appellant Respondent Assessee By : Shri R. Lokanathan, A.R. Revenue By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 27.01.2025 & 18.02.2025 Date Of Pronouncement : 02.04.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of Revenue Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 10.01.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1059567754(1) Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2016-17. The Assessee Has Also Filed Cross Objection Against The Said

For Appellant: Shri R. Lokanathan, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 10Section 10(23)(vi)Section 11Section 12ASection 143(2)Section 144Section 250

passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”) for the assessment year 2016-17. The assessee has also filed cross objection against the said ITA No.221/Coch/2024 & CO 22/Coch/2024 221/Coch/2024 & CO 22/Coch/2024 Christ Educational Trust, Ernakulam Christ Educational Trust, Ernakulam Page 2 of 6 appeal

Assistant Commissioner of Income Tax, Circle- 1(1), Guntur vs. Bbm Estates Private Limited, Guntur

In the result, Revenue appeal is allowed and the C

ITA 185/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam01 Apr 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnan.आ.अपी.सं /Ita No.185/Viz/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Acit Vs. Bbm Estates (P) Ltd Circle 1(1) Guntur Guntur Pan: Aaace2607G (Appellant) (Respondent) C.O No.12/Viz/2024 (Arising Out Of Ita No.1895/Viz/2024) Bbm Estates (P) Ltd Vs. Acit Guntur Circle 1(1) Pan: Aaace2607G Guntur (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri G.V.N. Hari, Ca राज" व "ारा/Revenue By:: Shri Satyasai Rath, Dr सुनवाई की तारीख/Date Of Hearing: 07/01/2025 घोषणा की तारीख/Pronouncement: 01/04/2025 आदेश/Order

For Appellant: Shri G.V.N. Hari, CAFor Respondent: : Shri Satyasai Rath, DR

Estates P Ltd C.O. No.12/Viz/2024 17. The assessee has raised the following grounds in the cross objection: “1. The learned CIT (A) is justified in holding that the lease rent received by the respondent is assessable under the head “income from House Property”. 2. Without prejudice to the above ... Rs.1,88,69,349/- while recomputing the lease income under the held “Profits & Gains of business or profession”. 3. Any other grounds of cross objection that may be raised at the time of hearing”. 18. Ground No.1 of the Cross Objection supports the impugned order of the learned

ACIT 32 1 Mumbai, Mumbai vs. Asha P Kedia, Mumbai

In the result, the CO filed by the Assessee is allowed, whereas the appeal filed by the Revenue stands dismissed

ITA 3672/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 Mar 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2017-18 Acit 32 1 Ms. Asha P Kedia 252, Kautilya Bhavan, 602, Vishwananak Bldg, Bkc, Bandra East, Vs. Ict Link Rd, Maharashtra - 400051. Andheri East, Maharashtra - 400099. Pan: Aiqpk0746F (Appellant) (Respondent) Co No.181/M/2024 (Arising Out Of Ita No. 3672/M/2024) Assessment Year: 2017-18 Ms. Asha P Kedia Assistant Commissioner Plot No. 18, Sagar Jyoti, Of Income Tax-32 (1) 6Th Road, Jvpd Scheme, Vs. 252, Kautilya Bhavan, Vile Parle (West), Bkc, Bandra East, Mumbai-400056. 400020. Pan: Aiqpk0746F (Appellant) (Respondent) Present For: Assessee By : Shri Shashank Mehta, Ld. A.R. Revenue By : Shri Ram Krishn Kedia, Ld. D.R. Date Of Hearing : 17 . 03 .2025 Date Of Pronouncement : 28 . 03 .2025 O R D E R Per : Narender Kumar Choudhry: This Appeal By The Revenue Department & The Cross Objection By The Assessee Have Been Preferred Against The Order Dated 21.05.2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. Co. No. 181/Mum/2024 Ms. Asha P Kedia 2. Considering The Delay Of 4 Days In Filing Of The Co By The Assessee Is Miniscule, Bonafide & Unintentional As Claimed By The Assessee Is Condoned.

For Appellant: Shri Shashank Mehta, Ld. A.RFor Respondent: Shri Ram Krishn Kedia, Ld. D.R
Section 143(3)Section 147Section 148Section 148ASection 149Section 151Section 250Section 68

Pronouncement : 28 . 03 .2025 O R D E R Per : Narender Kumar Choudhry, Judicial Member: This appeal by the Revenue Department and the Cross Objection by the Assessee have been preferred against the order dated 21.05.2024, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income ... merit. The Assessee though succeeded on merit but could not get succeeded on the legal ground and thus has preferred the instant cross objection, wherein the Assessee has raised the legal issue and therefore for the sake of brevity we are inclined to decide the same first, before proceeding