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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 32(1), Mumbai vs. Suman Gandhi, Mumbai

In the result, the appeal and the cross objection both are dismissed

ITA 3415/MUM/2025[2014-15]Status: DisposedITAT Mumbai29 Jan 2026AY 2014-15

Bench: Shri Saktijit Dey & Shri Arun Khodpiaasst. Cit-32(1) Suman Gandhi Room No. 252, Kautilya Bhavan, 2204/2205, Montereal Building, Bkc Bandra E, Vs. Shastri Nagar, Andheri (W), Mumbai-400 051 Mumbai-400 058 Pan/Gir No. Amzps 3507 P (Revenue) : (Assessee) Co No. 268/Mum/2025 (Arising Out Of Ita No. 3415/Mum/2025) (Assessment Year: 2014-15) Suman Gandhi Asst. Cit-32(1) 2204/2205, Montereal Building, Room No. 252, Kautilya Bhavan, Shastri Nagar, Andheri (W), Vs. Bkc Bandra E, Mumbai-400 058 Mumbai-400 051 Pan/Gir No. Amzps 3507 P (Assessee) : (Revenue) Assessee By : Shri K. Shivaram, Sr. Advocate & Shri Sashi Bekal Revenue By : Shri Swapnil Choudhary – Sr. Ar Date Of Hearing : 28.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Saktijit Dey: Captioned Appeal By The Department & Cross Objection By The Assessee, Arise Out Of Order Dated 20.03.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2014-15. 2

For Appellant: Shri K. Shivaram, Sr. Advocate &For Respondent: Shri Swapnil Choudhary – Sr. AR
Section 147Section 68

Date of Hearing : 28.01.2026 Date of Pronouncement : 29.01.2026 O R D E R Per Saktijit Dey, Vice President: Captioned appeal by the department and cross objection by the assessee, arise out of order dated 20.03.2025, passed by National Faceless Appeal Centre (‘NFAC’ for short), Delhi for the assessment year ... authority. Grounds are dismissed. 6 ITA No. 3415/M/2025 & CO No. 268/M/2025 (A.Y.2014-15) Suman Gandhi 10. In view of the decisions in departmental appeal, the cross objection of the assessee has become academic, hence, does not require adjudication at this stage. However, the issues raised therein are kept open

DCIT, Cr Building vs. Gulshan Polyols Limited, Laxmi Nagar

In the result, the appeal filed by the Revenue is dismissed

ITA 5551/DEL/2024[2019-20]Status: DisposedITAT Delhi28 Jan 2026AY 2019-20

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharmadcit (Osd), Range 10, Vs. M/S. Gulshan Polyols Limited, New Delhi. G – 81, Preet Vihar, Anand Vihar, East Delhi, Delhi – 110 092. (Pan : Aabcg3954F) Co No.47/Del/2025 (In Ita No.5551/Del/2024) (Assessment Year: 2019-20) M/S. Gulshan Polyols Limited, Vs. Dcit (Osd), Range 10, G – 81, Preet Vihar, New Delhi. Anand Vihar, East Delhi, Delhi – 110 092. (Pan : Aabcg3954F) (Appellant) (Respondent) Assessee By : Mohd. Shahid, Ca Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 10.11.2025 Date Of Order : 28.01.2026 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi [“Ld. Cit (A)”, For Short] Dated 29.11.2024 For The Assessment Year

For Appellant: Mohd. Shahid, CAFor Respondent: Shri Rajesh Kumar Dhanesta, SR. DR
Section 133(6)Section 133ASection 143(2)Section 148ASection 68Section 69C

Appeal Centre, Delhi [“Ld. CIT (A)”, for short] dated 29.11.2024 for the Assessment Year 2 CO No.47/Del/2025 2019-20. The assessee has also filed cross objections in the present assessment year. 2. Brief facts of the case are, the case of the assessee was selected for the reason that Assessing ... disturb the findings of the ld. CIT(A) in this regard. 13. In the result, the appeal filed by the Revenue is dismissed. The cross objections filed by the assessee are basically in support of the 14. appellate order. As we have already dismissed the appeal of the Revenue

Income Tax Officer, Aurangabad vs. Jay Malhar Nagari Sahkari Patsanstha Maryadit, Aurangabad

Appeal are allowed for statistical purpose

ITA 719/PUN/2025[2018-19]Status: DisposedITAT Pune27 Jan 2026AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.719/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 Income Tax Officer, Vs. Jay Malhar Nagari Sahkari Aurangabad. Patsanstha Maryadit, Plot No.2, N-2, J Sector, Aurangabad – 431001. Pan: Aabtj2678L Appellant / Revenue Respondent / Assessee Cross Objection No.18/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 Jay Malhar Nagari Sahkari Vs. Income Tax Officer, Patsanstha Maryadit, Aurangabad. Plot No.2, N-2, J Sector, Aurangabad – 431001. Pan: Aabtj2678L Appellant/ Assessee Respondent / Revenue Assessee By Shri S K Sethi (Through Virtual) Revenue By Smt Neha Thakur (Virtual) Date Of Hearing 22/01/2026 Date Of Pronouncement 27/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: In This Case, Revenue Has Filed An Appeal Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under

Section 139(1)Section 147Section 148Section 250Section 69Section 80P(2)(a)

Officer, Vs. Jay Malhar Nagari Sahkari Aurangabad. Patsanstha Maryadit, Plot No.2, N-2, J Sector, Aurangabad – 431001. PAN: AABTJ2678L Appellant / Revenue Respondent / Assessee Cross Objection No.18/PUN/2025 निर्धारण वषा / Assessment Year: 2018-19 Jay Malhar Nagari Sahkari Vs. Income Tax Officer, Patsanstha Maryadit, Aurangabad. Plot No.2, N-2, J Sector, Aurangabad ... A.Y.2018-19 dated 23.01.2025 emanating from the Assessment Order under section 147 r.w.s. 144B dated 17.03.2023. The Assessee has also filed the Cross Objection Appeal in C.O.No.18/PUN/2025. The Revenue has raised the following grounds of appeal : “1 The Ld. CIT(A) has erred in deleting the addition made