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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

M/S. Merino Industries Limited, Kolkata vs. DCIT, Circle - 12(1), Kolkata

In the result, the appeal of the revenue is hereby dismissed

ITA 292/KOL/2019[2014-15]Status: DisposedITAT Kolkata06 Feb 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A No.174/Kol/2019 Assessment Year: 2014-15 Dcit, Circle-12(1), Kolkata…………………….................................……Revenue Vs. M/S Merino Industries Ltd.…………....................................……...…..…..Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] I.T.A No.292/Kol/2019 Assessment Year: 2014-15 M/S Merino Industries Ltd …………………….…….......................…… Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] Vs. Dcit, Circle-12(1), Kolkata.…….................................……....…........….. Revenue Appearances By: Shri Shyam Sundar Jha, Ar, Appeared On Behalf Of The Assessee. Shri Prakash Nath Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12, 2024 Date Of Pronouncing The Order : February 06, 2025 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 09.10.2018 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same

Section 2(22)Section 250Section 801A

integra as per learned co-ordinate bench's decision (supra) as under : " 3. It was fairly agreed by the Ld.AR that in the Cross Objection No.56/Mds/2016, the same was in support of the order of the Ld.CIT(A). It was further submitted by the Ld.AR that the assessee

Income Tax Officer, Nagercoil vs. Mahalakshmi Ramasamy, Nagercoil

Appeal stand dismissed

ITA 2893/CHNY/2024[2018-19]Status: DisposedITAT Chennai06 Feb 2025AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2893/Chny/2024 (िनधा(रणवष( / Assessment Year: 2018-19) Ito Smt. Mahalakshmi Ramasamy बनाम/ Ward-1, 3/3B3, Vathiyarvillai, Vs. Nagercoil Nagercoil, Agasteeswaram-629 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Djtpm-5698-P (अपीलाथ"/Appellant) : (" थ" / Respondent) & Cross Objection No.18/Chny/2025 (In Ita No.2893/Chny/2024) (िनधा(रण वष( / Assessment Year: 2018-19) Smt. Mahalakshmi Ramasamy Ito, बनाम/ 3/3B3, Vathiyarvillai, Ward-1, Vs. Nagercoil, Agasteeswaram-629 001. Nagercoil. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Djtpm-5698-P (Cross-Objector) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri M. Sundar (Advocate) - Ld. Ar " थ"कीओरसे/Revenue By : Shri R. Bhoopathi (Addl.Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 06-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 06-02-2025 आदेश / O R D E R

For Appellant: Shri M. Sundar (Advocate) - Ld. ARFor Respondent: Shri R. Bhoopathi (Addl.CIT) - Ld. Sr. DR
Section 147Section 148Section 44ASection 69A

Mahalakshmi Ramasamy बनाम/ Ward-1, 3/3B3, Vathiyarvillai, Vs. Nagercoil Nagercoil, Agasteeswaram-629 001. "थायीलेखासं./जीआइआरसं./PAN/GIR No. DJTPM-5698-P (अपीलाथ"/Appellant) : (" थ" / Respondent) & Cross Objection No.18/Chny/2025 (In ITA No.2893/Chny/2024) (िनधा(रण वष( / Assessment Year: 2018-19) Smt. Mahalakshmi Ramasamy ITO, बनाम/ 3/3B3, Vathiyarvillai, Ward-1, Vs. Nagercoil, Agasteeswaram ... prove that cash deposits made was from known source of income and the assessee has no taxable income. The assessee has filed cross-objection which is supportive of impugned order. Having heard rival submissions and upon perusal of case records, our adjudication would be as under. 2. The assessee