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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

A.C.I.T., Central Circle-4(3), Kolkata vs. Jaideep Halwasiya, Kolkata

In the result, the appeal of the Revenue is dismissed and the cross objection by the assessee is allowed

ITA 2284/KOL/2024[2015-16]Status: DisposedITAT Kolkata13 Feb 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Jaideep Halwasiya Acit, Central Circle-4(3) 3Rd Floor, P-34, India Aaykar Bhavan Poorva, Exchange Place, 110 Shantipally, Kolkata-700107 Vs. Kolkata-700001, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aawph1706L Co No. 50/Kol/2024 (Arising Out Of Ita No. 2284/Kol/2024 For A.Y. 2015-16) Jaideep Halwasiya Acit, Central Circle-4(3) 3Rd Floor, P-34, India Aaykar Bhavan Poorva, Exchange Place, 110 Shantipally, Kolkata-700107 Vs. Kolkata-700001, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri S.K. Tulsiyan, Ar Revenue By : Shri Guru Bhashyam, Dr Date Of Hearing: 23.01.2025 Date Of Pronouncement : 13.02.2025

For Appellant: Shri S.K. Tulsiyan, ARFor Respondent: Shri Guru Bhashyam, DR
Section 132(1)Section 143(3)Section 153ASection 153CSection 153C(1)

respect of bogus loss on trading in F&O of ₹ 10,90,25,940/, whereas the assessee by way of cross objection has challenged the impugned assessment year i.e. 2015-16 as falling beyond the period of six assessment years and therefore, claiming the same to be barred by limitation ... First of all, we would adjudicate the ground raised by the assessee in the cross objection which is extracted below:- “1. That, on the facts and circumstances of the case, the Ld. CIT(A) has erred in considering the search date as 06.02.2019 for computing the period of six years

Sh. Yogesh Chand Gupta, Agra vs. ITO., -Ward-4(4), Agra

ITA 93/AGR/2016[2011-12]Status: DisposedITAT Agra12 Feb 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalita No. 93 /Agr/2016 (Assessment Year 2011-12) Yogesh Chand Gupta, Vs. Income Tax Officer, B-576, Kamla Nagar, Ward-4(4), Agra Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aekpg8444A Appellant .. Respondent C.O. No. 02/Agr/2023 (Assessment Year 2011-12) Income Tax Officer, Vs. Yogesh Chand Gupta Ward-4(4), B-576 Kamla Nagar Agra Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aekpg8444A Appellant .. Respondent Appellant By : Sh. Anurag Sinha, Adv. Respondent By : Sh. Shailender Shrivastava, Sr. Dr Date Of Hearing 12.02.2025 Date Of Pronouncement 12.02.2025 O R D E R Per Bench: The Assessee’ S Appeal I.E. Ita No. 93 /Agr/2016 & Revenue’S Cross Objection Co No. 02/Agr/2023 For A.Y. 2011-12, Arise Against The Cit(A)-2, Agra’S In Case No. 53/Cit(A)-2/Agra/Ito-4(4)/Agra/2014-15

For Appellant: Sh. Anurag Sinha, AdvFor Respondent: Sh. Shailender Shrivastava, Sr. DR
Section 68

Date of Pronouncement 12.02.2025 O R D E R PER BENCH: The assessee’ s appeal i.e. ITA No. 93 /Agr/2016 and Revenue’s cross objection CO No. 02/Agr/2023 for A.Y. 2011-12, arise against the CIT(A)-2, Agra’s in case No. 53/CIT(A)-2/Agra/ITO-4(4)/Agra/2014-15 ... followed by necessary computation. This assessee’s appeal i.e. ITA No. 93/Agr/2016 is partly allowed in very terms. 5. So far as Revenue’s cross objection CO No. 2/Agr/2023 is concerned, the same involves tax effect is less than the minimum prescribed limit of Rs.60 lacs as per the CBDT