Burden of proof that lease rent paid to trustees was beyond FMV lies on Revenue

Sardar Partapsingh Education society Vs CIT (ITAT Mumbai)

Conclusion: CIT(E) i.e. Revenue ought to have brought evidence on record by bringing comparative quotations to prove the fact that the lease rent paid in the sum of Rs. 2 lakhs per month to the trustees was excessive or unreasonable and beyond the fair market value thereon. Since ssessee placed on record that the market value of the land was Rs.13,03,76,400/- as per the registered lease deed and the payment of lease rent of Rs.24 lakhs works out to hardly 1.86% thereon. Hence, it

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