Husband gave 50% Undivided Share of his property to his wife to escape Service Tax on rent. Section 60 requires clubbing of their incomes from that property. Total Income of the husband is more than 10 lakhs. Tenant deducted TDS seperately for husband and wife. Hence TDS credit is 50:50 in Form 26AS. Tenant wants to pay TDS for both of them under 2 different PANs. He has already done it last year. He is not prepared to revise the TDS Returns. How to file their Income Tax Return by taking credit for both the TDSs in the case of husband ?
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Clubbing of incomes, husband and wife.
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As per Rule 37BA, Clause 2(i), Where under any provisions of the Act, the whole or any part of the income on which tax has been deducted at source is assessable in the hands of a person other than the deductee, credit for the whole or any part of the tax deducted at source, as the case may be, shall be given to the other person and not to the deductee. Provided that the deductee files a declaration with the deductor and the deductor reports the tax deduction in the name of the other person in the information relating to deduction of tax. .
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