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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, Central Circle 3(2), Kolkata, Aayakar Bhawan Poorva vs. M/S. Delightful Estate Developers LLP, Kolkata

In the result, the CO of the assessee is allowed and the appeal of the Revenue is dismissed as infructuous

ITA 2309/KOL/2024[2017-18]Status: DisposedITAT Kolkata04 Mar 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm M/S Delightful Estate Developers Llp Acit, Cc 3(2), Kolkata Hasting Chamber, 5 Th Floor, Acit, Central Circle 3(2), Aaykar Room No.5C, 7C, Kiran Bhavan Poorva, 5Th Floor, 110, Vs. Shanti Pally, Kolkata-700107, Shankar Roy Road Kolkata West Bengal G.P.O. Kolkata-700001, West Bengal (Respondent) (Appellant) Pan No. Aamfd0344A Co No.04/Kol/2025 (Assessment Year: 2017-18) M/S Delightful Estate Developers Llp Acit, Cc 3(2), Kolkata Hasting Chamber, 5 Th Floor, Acit, Central Circle 3(2), Aaykar Room No.5C, 7C, Kiran Bhavan Poorva, 5 Th Floor, 110, Vs. Shankar Roy Road Kolkata Shanti Pally, Kolkata-700107, West Bengal G.P.O. Kolkata-700001, West Bengal (Appellant) (Respondent) Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Rajat Datta, Dr Date Of Hearing: 28.01.2025 Date Of Pronouncement : 04.03.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Rajat Datta, DR
Section 144BSection 147Section 148Section 37Section 47Section 68

against the order of ld. CIT (A) challenging the deletion of addition of ₹72,89,457/-, whereas the assessee has challenged by way of cross objection the legality of reopening of assessment by the ld. AO u/s 147 of the Act. Since, the assessee has raised legal issue ... assessment u/s 147 of the Act. Therefore, we are inclined to decide the first the legal issue raised in ground no.3 of the cross objection of the assessee. The said ground raised is as under:- “3. For that the proceedings u/s 147 initiated on the basis of vague reasons

Income Tax Officer Ward 4 1 Kolkata, Kolkata vs. Panel Commerce Pvt Ltd, Kolkata

In the result, the appeal of the assessee is allowed

ITA 1292/KOL/2023[2013-14]Status: DisposedITAT Kolkata04 Mar 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Panel Commerce Pvt. Ltd. Income Tax Officer, Ward 4(2) 4 Synagogue Street, Aaykar Bhavan, P-7, 8Th Floor, Room No. 814, Chowringhee Square, Kolkata- Vs. Kolkata-700001, 700069, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagcp4413P Co No. 1/Kol/2024 (Arising In Ita No.1929/Kol/2023 For A.Y. 2013-14) Panel Commerce Pvt. Ltd. Income Tax Officer, Ward 4(2) 4 Synagogue Street, Aaykar Bhavan, P-7, 8Th Floor, Room No. 814, Chowringhee Square, Kolkata- Vs. Kolkata-700001, 700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Raghuveer Madanappa, Dr Date Of Hearing: 30.01.2025 Date Of Pronouncement : 04.03.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Raghuveer Madanappa, DR
Section 147Section 148Section 68

partly deleting the addition, whereas ITA No.1292/KOL/2023 & CO No. 01/KOL/2024 Panel Commerce Pvt. Ltd; A.Y. 2013-14 the assessee filed the cross objection supporting the order of ld. CIT (A). 05. The ld. Counsel for the assessee at the outset submitted that the appeal of the assessee in the very ... vide order dated 08.02.2024, wherein the reopening of assessment has been quashed. Hence, the appeal of the Revenue becomes infructuous and so is the cross objection filed by the assessee. 09. In the result, both the appeal of the Revenue and CO of the assessee are dismissed. Order pronounced

Kandla Export Corporation, Gandhidham vs. The Dy. Commr. of Income Tax, Cen. Cir.-2(3), Ahmedabad

In the result, the summaries and concise ground No

ITA 155/RJT/2016[2012-13]Status: DisposedITAT Rajkot28 Feb 2025AY 2012-13

Bench: Dr. Arjun Lal Saini, Am.& Dinesh Mohan Sinha, Jm आयकरअपीलसं./It(Ss)A No.135/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2011-12) (Hybrid Hearing) The Deputy Commissioner Of Vs. Kandla Exports Corporation Income – Tax, Central Circle – 2(3), Plot No. 18, Maitri Bhavan, 3Rd Floor, A – 305, Aayakar Bhavan, Sector – 8, Gandhidham, Ahmedabad – 370201 Kutch- 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfk1906F (Assessee) (Respondent) आयकरअपीलसं./It(Ss)A No.136/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) The Deputy Commissioner Of Kandla Exports Corporation Vs Income – Tax, Central Circle – Plot No. 18, Maitri Bhavan, . 2(3), 3Rd Floor, A – 305, Aayakar Sector – 8, Gandhidham, Bhavan, Ahmedabad - 370201 Kutch- 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfk1906F (Assessee) (Respondent)

Maitri Bhavan, . 2(3), 3rd Floor, A – 305, Aayakar Sector – 8, Gandhidham, Bhavan, Ahmedabad - 370201 Kutch- 370201 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACFK1906F (Assessee) (Respondent) Cross – Objections (CO) No. 177/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2011-12) (Hybrid Hearing) Kandla Exports Corporation Vs The Deputy Commissioner of Plot No. 18, Maitri Bhavan ... Bhavan, Ahmedabad - 370201 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACFK1906F (Assessee) (Respondent) IT(SS)A No.135, 136, 177, 178/Ahd/2016 Assessment Year.2011-12, 2012-13 Kandla Exports Corporation Cross – Objections (CO) No. 178/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) Kandla Exports Corporation Vs The Deputy Commissioner of Plot No. 18, Maitri Bhavan

Assistant Commissioner of Income Tax, Coimbatore vs. Anantharaman Venkatesh, Coimbatore

In the result, both the appeal filed by the Revenue and the Cross

ITA 2555/CHNY/2024[2016-17]Status: DisposedITAT Chennai28 Feb 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2555/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 & C.O. No. 76/Chny/2024 [In I.T.A. No. 2555/Chny/2024] The Assistant Commissioner Of Vs. Anantharaman Venkatesh, Income Tax, 37/4&5, Sas Garden, Iii Floor, Non Corporate Circle 4, Sri Ram Nagar,. Chokkampudur Road, Coimbatore. Coimbatore 641 039. [Pan:Abspv8374P] (अपीलाथ"/Appellant) (""थ"/Respondent/Cross Objector) अपीलाथ" की ओर से / Appellant By : Ms. V. Aswathy, Jcit ""थ" की ओर से/Respondent By : Shri H. Yeshwanth Kumar, C.A. सुनवाई की तारीख/ Date Of Hearing : 25.02.2025 घोषणा की तारीख /Date Of Pronouncement : 28.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 21.08.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2016-17. 2. When The Appeal Was Taken Up For Hearing, By Filing An Application Along With Form No. 1 Under Dtvsv 2024 & 2

For Appellant: Ms. V. Aswathy, JCITFor Respondent: Shri H. Yeshwanth Kumar, C.A

Revenue’s appeal, wherein, we dismissed the appeal in view of filing of Form 1 under DTVSV 2024 and acknowledgement thereon, consequently, the Cross Objection arising out of the said Revenue’s appeal in ITA No. 2555/Chny/2024 becomes academic and dismissed accordingly. 6. In the result, both the appeal filed ... Revenue and the Cross Objections filed by the assessee are dismissed. Order pronounced on 28th February, 2025 at Chennai. (JAGADISH) JUDICIAL MEMBER Chennai, Dated, 28.02.2025 Vm/- आदेश की "ितिलिप अ"ेिषत/Copy to: 1. अपीलाथ"/Appellant, 2.""थ"/ Respondent, 3. आयकर आयु"/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय "ितिनिध/DR & 5. गाड