Computation of Restriction of TDS based on Rule 37BA

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)
Quick Summary
An IT department notice regarding TDS restriction under Rule 37BA has been issued due to a difference in rental income reported on the ITR versus Form 26AS. The user deducted 30% of rental income and property tax when filing their ITR, leading to a lower reported income. The IT department has calculated TDS on a proportionate basis, resulting in a demand notice. The user is seeking advice on how to address this, particularly regarding the correct way to report income and property tax on the ITR form and if a correction can be filed.

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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