TDS on commission doesn't prove its genuiness; assessee has to prove that services were rendered by recipient

Where assessee, a dealer in both shares and property, incurred loss on derivatives being future option loss on transactions entered on NSE, he would be entitled to set off same against profit on sale of property

Where share transactions were entered into by assessee electronically (screen based) in recognised stock exchanges viz. BSE, NSE, and said transactions were intra day and no delivery of shares had taken place, loss therefrom would be speculative in nature but could not be termed as sham and, thus, said loss deserved setting off

For an assessee to claim expenditure on account of commission, assessee has to prove that services were in fact rendered by recipient of commission from assessee
Refer:[2016] 71 taxmann.com 345 (Kolkata - Trib.)