Brokerage returned by broker after deducting tds

I booked an apartment thru a broker. As agreed earlier broker returned a part of the brokerage. However he deducted TDS (10%) from the refunded amount without any TDS certificate (even I didn't asked him to provide TDS certificate).
I checked my Tax Credit Statement (Form 26AS) on TIN website recently and found that he has reported the above TDS against my PAN under  category 194H  (Commission or brokerage).
Questions:
1) Was it in first place correct/legal on broker's part to deduct TDS from the refunded brokerage?
2) Now that this TDS has been deducted, can I claim this in my ITR? If yes, then how can I claim this in ITR? Do I need to show refunded brokerage as additional income to claim this TDS?

Please advise. Thanks.