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2015 (10) TMI 1627 - AT - Income TaxDisallowance u/s 40A(2)(b) - Held that:- whether the payment was excessive or unreasonable having regard to the fair market value of services rendered by the payees. The ld. Assessing Officer has not brought any evidence with regard to the comparability of the services rendered by these persons vis-à-vis availability in the open market. The Assessing Officer has simply compared the payments with the payments made by the assessee in earlier years. The requirement of the section is that such payment is to be compared with the fair market value of the services or whether these services can be availed at a lower rate from the persons who are not covered by sub-clause "b". No such evidence has been brought on record, therefore, ld. Commissioner of Income Tax (Appeals) has rightly deleted the disallowance. - Decided in favour of assessee. Disallowance of brokerage and commission - CIT(A) allowed the claim - Held that:- Out of the four years, the Assessing Officer has himself allowed in three years. Therefore, we do not see any reason to interfere with the order of Ld. Commissioner of Income Tax (Appeals). Ld. Commissioner of Income Tax (Appeals) has rightly deleted the disallowances in this year. We do not find any merit in this appeal.- Decided in favour of assessee.
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