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2023 (11) TMI 864 - ITAT CUTTACKExemption u/s 11 - Intimation u/s. 143(1) - exemption u/s. 12A has been denied - Form 10B was filed belatedly - CIT(A) accepted the alternate contention of the assessee that the assessee is entitled to the benefit of other deductions when its income is being assessed as an AOP - HELD THAT:- A perusal of the order of the ld. CIT(A) clearly shows that the ld. CIT(A) has proceeded to give a direction to the AO to consider the alternate claim of the assessee in respect of the assessment of the income of the assessee u/s. 57 of the Act. This, admittedly, has not been challenged by the revenue. Thus, the fact that the ld. CIT(A) himself has felt that the intimation u/s. 143(1) is to be modified itself shows that the intimation issued by the AO is erroneous per se. This being so, admittedly the adjustments as has been done by the AO is not something that can be done in an intimation u/s. 143(1) of the Act. Consequently, the intimation issued u/s. 143(1) of the Act stands quashed. Entitlement to benefit of deduction u/s. 10(23C)(iiiad) - Even otherwise, when the benefit of deduction u/s. 12A of the Act was being denied, it was incumbent upon the AO to grant the assessee the benefit of deduction u/s. 10(23C)(iiiad) of the Act, especially because an AO is not just an Assessing Authority, he is not only a tax collector but he is a tax assessor and if any benefit is due to the assessee, it is incumbent upon the authority to grant such benefit as permissible under the law. Appeal filed by the assessee stands allowed.
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