2018 (6) TMI 297

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to demonstsrate that the expenses had been incurred - thus AT was satisfied that brokerage commission is paid by way of a cheque - hence deduction is allowed. Trading liability u/s 41(1) - Held that:- Here was no question of adding the amount received by the assessee from her father for purchasing a house property to her income since section 41(1) (a) does not apply here - Decided in favor of a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... In respect of the brokerage, the asssessee contended that since the property was in Bangalore, the brokerage was paid for the services rendered to the assessee. The Appellate Tribunal noticed a judgment of the Pune Bench of the Tribunal which held that a deduction on account of such expenditure would be permissible for the transfer of an asset, but the burden was on the assesssee to demonstsrate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ating to profits and gains of business or profession, there was no question of adding the amount received by the assessee from her father for purchasing a house property to her income as Section 41(1) (a) was clearly inapplicable on facts. The view taken by the Appellate Tribunal upon due consideration of the status of the assessee appears to be unexceptionable. Accordingly, ITAT No. 362 of 201 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X