Format of Form No. 36A to file Miscellaneous Application or Cross Objection with ITAT Income Tax Appellate Tribunal

Miscellaneous Application for Cross Objection or against error in ITAT order or for stay of Xparte order due to non appearance with sufficient reason can be filed with the Income Tax Appellate Tribunal (ITAT) in form No. 36A.

FORM NO. 36A

[See rule 47(2)]

Form of memorandum of cross objections to the Appellate Tribunal

 IN THE INCOME TAX APPELLATE TRIBUNAL

+Cross-objection No. ...... of ....... 20..... -20........

++In Appeal No            of    

Versus

APPELLANT

RESPONDENT

1.

 

++Appeal No. allotted by the Tribunal to which memorandum of cross-objections relates

 

2.

 

The State in which the assessment was made

 

3.

 

Section under which the order appealed against was passed

 

4. 

 

Assessment year in connection with which the memorandum of cross-objections is preferred

 

5.

 

Date of receipt of notice of appeal filed by the appellant to the Tribunal

 

6.

 

Address to which notices may be sent to the respondent (cross-objector)

 

7.

Address to which notices may be sent to the appellant

 

8.

*Relief claimed in the memorandum of cross-objections

 
 

 * GROUND OF CROSS-OBJECTIONS

 

1.                                                                                   3.

2.                                                                                   4.

Signed 

Signed          

(Authorised representative, if any) 

(Respondent)   

 

 Verification

I,                           the respondent, do hereby declare that what is stated above is true to the best of my information and belief. Verified today, the _____day of ______.

 

Signed       

   

 


Notes :

1. The memorandum of cross-objections must be in triplicate.

2. The memorandum of cross-objections should be written in English or, if the memorandum is filed in a Bench located in any such State as is for the time being notified by the President of the Appellate Tribunal for the purposes of rule 5A of the Income-tax (Appellate Tribunal) Rules, 1963, then, at the option of the respondent, in Hindi, and should set forth, concisely and under distinct heads, the cross-objections without any argument or narrative and such objections should be numbered consecutively.

3. + The number and year of memorandum of cross-objections will be filled in, in the office of the Appellate Tribunal.

4. ++ The number and year of appeal as allotted by the office of the Tribunal and appearing in the notice of appeal received by the respondent is to be filled in here by the respondent.

5. * If the space provided is found insufficient, separate enclosures may be used for the purpose.

 Check List

1.  Memorandum of cross-objections is to be filed by the assessee or the A. O within thirty days of the receipt of the notice from the Tribunal intimating that an appeal against the order of the Commissioner (Appeals) has been filed.

2.  Where the memorandum of cross-objections is made by the assessee, the memorandum of cross objections, the grounds of objections and the form of verification appended thereto, should be signed by the person who is competent to sign the return of income as per section 140 of the Income-tax Act, 1961.

3. The notes provided below the form are required to be followed while preparing the memorandum of cross-objections to the Appellate Tribunal.

4. No fee is required to be paid for filling the memorandum of cross-objections.

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