TMI Blog2015 (10) TMI 1627X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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. - ITA No. 985/Ahd/2011 - - - Dated:- 19-6-2015 - N. S. Saini, AM And Rajpal Yadav, JM,JJ. Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income tax act. Similarly, he noticed that in Assessment Year 2007-08 assessee had paid rent for the shop at 20,10,000/- whereas, in Assessment Year 2006-07, the rent was paid at 5,28,000/-. The Assessing Officer has made disallowance at ₹ 14,82,000/-. He further found that car rentals of ₹ 3,60,000/- has been paid in Assessment Year 2007-08. The ld. Assessing Officer has disallowed these alleged excess payments on account of interest, shop rent and car rentals. 5. On appeal, Commissioner of Income Tax (Appeals) has deleted the disallowances by observing that Assessing Officer failed to bring any evidence demonstrating the fact that these facilities could be availed by the assessee at a lesser rate from the open market. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... services rendered by these persons vis- -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. 8. In the next ground of appeal, the grievance of the revenue is that ld. Commissioner of Income Tax (Appeals) has allowed brokerage and commission of ₹ 4,74,049/-. The assessee has paid br ..... X X X X Extracts X X X X X X X X Extracts X X X X
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