Suppose rent is to be paid in the joint name of X&Y as per agreement. Therefore, cheque will be issued in favour of X&Y after deducting TDS on Rent. The TDS return has already been filled taking PAN of X only. Now, I have the following questions- 1. Whether both X& Y are ellibigle for Form 16A or not? 2. Whether only X is entitled to get Form 16A? 3. Can Form 16A be issued to X mentioning PANs of both X&Y in a single Form? Please reply.
24 May 2008
It is mandatory for the deductor of income tax to issue TDS certificates to each person from whose income such TDS is effected, which means both x & Y is entitled to get TDS certficates for the amount deducted from thier respective rent income in question.
TDS certificates cannot be issued in joint names, as there is no provisions under income tax to file annual returns in joint names.
Whether you have made payment in joint name or seperately is not clear from your question. Under such circum stances also issuing TDS certificates in joint name is not permitted. Your TDS returns have to get revised.
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