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2023 (6) TMI 809 - AT - Income TaxExemption u/s 11 - Deemed income - Permissible Adjustment to be made by the CPC while processing the return u/s 143(1) - assessment of trust - assessee in the present case is a public charitable trust and registered under the provisions of section 12AA - CIT(A) NFAC Delhi confirming the assessment of the returned income of Rs. NIL at a taxable income whilst processing us 143(1) - HELD THAT:- As per CBDT Instruction bearing No. 1814/1989 no adjustment can be made by denying the deduction or relief claimed by the assessee based on the decision of Hon’ble High Court or the Tribunal. It is equally important to refer the judgement of Ahmedabad Tribunal in the case of Gujarat State Lions Conservation Society [2018 (6) TMI 1833 - ITAT RAJKOT] We note that the benefit of deduction of the deemed income specified under section under section 11(3) is available to the assessee and therefore such adjustment cannot be made in the return of income under the provisions of section 143(1) of the Act. Accordingly, we set aside the finding of the learned CIT(A) and direct the AO to delete the adjustment made - Decided in favour of assessee.
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