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2017 (6) TMI 1228 - AT - Income TaxDisallowance of commission - assessee has not furnished any material evidence to substantiate his claim of commission before the A.O. - Held that:- The payment was made by account payee cheques to all the parties and the parties declared such receipt in their respective return of income filed before the Department which was also accepted by the Department. The books of account have not been rejected. We find no reason to restrict the commission @ 15%. Commissioner (Appeals) has rightly allowed the commission after going through the record produced by the assessee and by going through the details of each and every person to whom the commission was paid. Disallowance under section 14A(3) on account of cash payment - Held that:- On appraisal of the order passed by the learned Commissioner (Appeals) in question, we noticed that the appellant is a developer and purchased the land to get it converted into the non–agricultural land. The same was to be sold after plotting. It is not in dispute that the amount of ₹ 24 lakh was paid in cash to the vendor. The said amount was not claimed as expenditure to the Profit & Loss account the cost of land was debited to the work–in–progress. Commissioner (Appeals) has deleted the addition on the basis of the finding of the Co–ordinate Bench of the Tribunal, Delhi Bench, in the case of M/s. AT Properties Pvt. Ltd. [2013 (11) TMI 1723 - ITAT DELHI] Disallowance on account of rent expenditure - Held that:- As going through the facts of the case and by going through the record of the assessee and even on going through the record of the landlord namely Shri Ganpatrao Ahirkar, Shri Anil Ahirkar and Smt. Surekha Ahirkar, learned Commissioner (Appeals) has arrived at the conclusion that there is no ambiguity of any kind in the transaction. These facts are not distinguishable at this stage also. The learned Commissioner (Appeals) passed the order judiciously and correctly which is not liable to be interfered with at this appellate stage. - Revenue’s appeal is dismissed.
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