Tds

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arpit (Querist)
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07 March 2016 In case of rental income recieved by owner and tds has been deducted thereon by tenant as per section 194I ie amt exceeding rs 180000 per annum. my consideration is tenant is not filing his tds return and hence he can not issue form 16A to receiptant of income ..so now owner is not able to claim tds in his ITR , so what action should be taken by owner ( receiving party)?

Amol S Joglekar

Amol S Joglekar (Expert)
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08 March 2016 If TDS is done by the tenant, s/he is duty bound to file TDS return. If tenant is not filing the return, send a letter to tenant under copy to TDS department of income tax. Also add a paragraph in the same letter that if the tenant is not in a position to file the TDS return, refund the withheld amount of rent as TDS.

Amol S Joglekar

Amol S Joglekar (Expert)
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