GlossaryCMPWhat is a Cross-Objection?
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What is a Cross-Objection?

A cross-objection is a memorandum filed by the respondent in a Tribunal appeal, raising grounds against parts of the order decided against them, within thirty days of receiving notice of the appeal.

Bare Law Reference: Section 253(4)

Detailed Explanation

How it works

Where the department appeals to the Tribunal, the assessee may file a cross-objection in Form 36A under Section 253(4). It carries no fee and is treated as an appeal in its own right, which means it survives even if the department later withdraws its appeal. The thirty-day period runs quietly while attention is on the department's appeal, and the right is frequently allowed to lapse.

Frequently asked questions

Does a cross-objection carry a fee?

No. No filing fee is payable on a cross-objection under Section 253(4).

What happens if the department withdraws its appeal?

The cross-objection survives and is decided on its own merits, because it is treated as an independent appeal.

Key Takeaways

  • Filed in Form 36A within thirty days of notice of the other side's appeal.
  • No filing fee is payable.
  • Survives withdrawal of the original appeal, being an appeal in its own right.