Computation of Restriction of TDS based on Rule 37BA

Saurabh Sharma (NA) (23 Points)

27 January 2024  

Dear all,

IT department has served a notice under "Computation of Restriction of TDS based on Rule 37BA".

The rental income shown on ITR is different from that shown on 26AS as 30% rental income and property tax have been deducted from the income when filling ITR. Therefore rental income on ITR is 70% of that shown on 26AS minus property tax. IT department has considered TDS on proportionate basis and has served a demand notice. Could someone please advise how to handle this?

Rental income (A) 10,00,000
TDS @ 10% (B) 1,00,000
Property tax (C) 90,000
Income shown in ITR (D = 70% of A - C) 610000
Proportionate tax considered by IT department (E = D / A * B) 61000

Thank you.