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TMI Blog2014 (1) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... rove that the assessee had earned more income than that was shown in the books of accounts. Tax not deducted at source on expenses of brokerage and legal and professional fees – Held that:- The TDS was duly made by the assessee relating to brokerage fees and no TDS was deductable on the amount paid as professional fees as the amount paid was below the prescribed limit. Property tax paid – Held that:- The AO had wrongly disallowed the genuine expenditure of property tax paid by the assessee to the local authority - The same was paid through account payee cheques and further it was reflected in the books of account of the assessee – Decided against Revenue. - ITA No. 2694/M/2011 - - - Dated:- 31-12-2013 - Shri D. Karunakara Rao And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the absence of any explanation, the AO observed that the assessee during the relevant financial year had sold flats for total consideration of Rs.1,60,49,000/-. The assessee had claimed expenses against the same but since no details were submitted in response to notice dated 13.11.09, he therefore estimated the income of the assessee @ 10% of the total sale consideration amounting to Rs.1,60,49,000/-. 3. In first appeal before the ld. CIT(A), it was submitted by the assessee that no such show cause notice dated 13.11.09 was ever served upon the assessee and there was no failure on the part of the assessee in attending the proceedings. The estimation of income made by the AO under section 144 of the Act was bad in law. On merits it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessee had earned more income than that had been shown in the books of account and without any defect being pointed out by the AO in the books of account, there was no reason for the AO to make such additions. We do not find any infirmity in the order of the ld. CIT(A) and as such the findings of the ld. CIT(A) on this issue are upheld. 6. The next issue is relating to the deletion of addition of Rs.19,67,000/- made by the AO under section 40(a)(ia) of the Income Tax Act. The AO disallowed the expenditure of brokerage and legal professional fees amounting to Rs.19,67,000/- observing that no TDS was deducted/paid by the assessee. In appeal before the ld. CIT(A), the assessee from the records proved that due TDS was made on br ..... X X X X Extracts X X X X X X X X Extracts X X X X
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