9911796707
TMI Blog2023 (11) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee, it is incumbent upon the authority to grant such benefit as permissible under the law. Appeal filed by the assessee stands allowed. - Shri George Mathan, Judicial Member For the Assessee : Shri P.K.Mishra Shri Himanshu Jena, Advocates For the Revenue : Shri S.C.Mohanty, Sr. DR ORDER This is an appeal filed by the assessee against the order of the ld CIT(A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act has been denied. On appeal, the ld. 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. It was the submission that at the outset, the assessee is entitled to the benefit of deduction u/s. 10(23C)(iiiad) of the Act as the total receipts of the assessee was below Rs. 1 crore and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n that without the claim being there, it was not possible to consider such a claim. It was further submitted that the ld. CIT(A) himself has allowed the alternate claim of the assessee of the deduction available when the income of the assessee was assessed u/s. 56 of the Act. It was the prayer that the order of the ld. CIT(A) is liable to be upheld. 4. I have considered the rival submissions. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. In the result, appeal filed by the assessee s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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