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TMI Blog2014 (7) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... ission to the tune of Rs. 31,00,000/-. The Assessing Officer while completing the assessment found from the profit and loss account that assessee has debited an amount of Rs. 31,00,000/- towards brokerage commission for purchasing land in Kanagapattu village. The total purchase cost of land was shown at Rs. 65,27,000/- . Since the brokerage commission was nearly about 48% of the total land cost, the assessee was required to submit details of commission paid on land dealings and proof for the payment. The assessee submitted that payment was made through bank account and TDS amount @ 5% has been deducted. However, the Assessing Officer disallowed the said commission observing that assessee has not submitted any agreement or any other document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on made before the Commissioner of Income Tax (Appeals) was an afterthought. 4. Heard both sides. Perused orders of lower authorities. In the course of assessment proceedings, assessee seems to have not filed any details or basis for payment of commission on the land dealings paid to Mr. R.Santhakumar and Mr. A.Y.Nasser except submitting two self-made vouchers. The assessee also did not furnish any addresses or other particulars of R.Santhakumar and A.Y.Nasser. In the course of proceedings before the Commissioner of Income Tax (Appeals), assessee made written submission that company entered into an agreement dated 11.6.2006 with S.P.Jalajakshi and 5 others for purchase of 8.07 crores of land in Kanagapattu village for consideration of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is issue and remit the matter back to the file of the Assessing Officer and Assessing Officer shall decide the issue afresh after providing adequate opportunity to the assessee. Therefore, we allow grounds nos. 2 to 2.4 for statistical purposes as above. 5. The next issue in the appeal of the Revenue is that Commissioner of Income Tax (Appeals) erred in deleting the disallowance made under section 40(a)(ia) on the brokerage commission paid. The Assessing Officer disallowed commission payment of Rs. 31,00,000/- not only for want of details but also for reason that assessee has not deducted TDS on such payments. The submissions of the assessee that TDS was deducted by Shri M. Baskaran, Managing Director of the company in his individual TAN n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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