Tds

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dinesh bhatia (Querist)
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14 December 2015 MY 90 YEARS OLD FATHER HAVING RENTAL INCOME FROM A SHOP. NOW HE GIFTED HIS SHARE FROM THE SHOP TO HIS DAUGHTER IN LAW (MY WIFE) THROUGH A REGISTERED GIFT DEED... NOW DAUGHTER IN LAW IS RECIVING THE CHEQUE OF RENT IN HER NAME AFTER THE DEDUCTION OF TDS.BUT THE INCOME FROM THE RENT WILL BE TREATED AS AN INCOME OF FATHER IN LAW. OK.NOW MY QUESTION IS HOW THE FATHER IN LAW WILL CLAIM TDS OR FORM 16.. BECAUSE RENT IS PAID BY THE TENANT IN THE NAME OF DAUGHTER IN LAW AFTER DEDUCTING THE TDS AND DEPOSITING THE TDS IN THE NAME OF DAUGHTER IN LAW

KAVIRAJA ADDANGADI

KAVIRAJA ADDANGADI (Expert)
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15 December 2015 if Rent is Paid to Daughter in Law, Tds would have been Deducted in Daughter in law name. Father in law need not declare income has he gifted the property so daughter in law is responSible to declare income and adjust TDS.

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Ankur Singhal

Ankur Singhal (Expert)
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15 December 2015 disagree with the learned expert

Fil will show the rent income in his return as t/f of property without adequate consideration.

Show income in FIL return i.e grsoo amount. Rent inclusive of TDS.

And file the Dil return to claim refund of TDS deducted.

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