Computation of Restriction of TDS based on Rule 37BA

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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.

Replies (2)

wILL need to check how the return is prepared. 

Income shown is wrong here. 

Since there is no provision for entering property tax on ITR form, nor does it consider 70% of the income, the value 6,10,000 had to be entered on the form instead of 10,00,000. Is there a way a correction can be filed?

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