Case Law Details
Smt. Preeti Rathi Vs ITO (ITAT Pune)
The first issue raised herein is against not allowing deduction towards brokerage of Rs.80,000/- paid by the assessee at the time of purchase of the property in the computation of capital gain towards.
The claim of the assessee is that she paid a sum of Rs.80,000/- as brokerage at the time of purchase of property, which was sold during the assessment year under consideration. Despite repeated requests, the assessee could not furnish any evidence of the payment of the brokerage. The Wealth-tax return for the assessment year 2001-02 including the value of the flat at Vrundali, Bhandarkar Road, Pune is no substitute to the evidence of payment when called for. Neither any receipt of the payee nor any evidence of payment through banking channel or otherwise has come up either before the lower authorities or the Tribunal. In the given circumstances, I am satisfied that the ld. CIT(A) was justified in not allowing deduction towards payment of such brokerage in the computation of capital gain.
FULL TEXT OF THE ORDER OF ITAT PUNE
This appeal by the assessee is directed against the order passed by the CIT(A)-3, Pune on 02-01-2020 in relation to the assessment year 2013-14.
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