Owner refusing to let the payee cut tds on house rent

TDS 764 views 13 replies

Hi,

According to the agreement between me and the flat owner, it states that I have to Pay Rs. 17500 per month as rent. 

So according to the Income Tax Laws, I'm supposed to cut TDS @ 10% on the monthly rent at the time of payment (As total Rent Payable during a Year is more than Rs. 1,80,000p.a.)

But the owner is refusing to let me cut the TDS due to following reasons:-

1. He says that He is over 80 years of age and is involved in Agricultural activities and doesnt understand the laws

2. He doesnt file his income tax returns 

3. He states that I had not informed him before the agreement that I will be cutting TDS as per law

Other relevant Points:-

a. I pay my rent monthly before due date via NEFT after deducting 10% TDS amount to the account details mentioned in the agreement.

b. The owner has not furnished his PAN no.

c. The owner does not want to fill Form 15 H either saying he does not understand such forms, but from what I can ascertain he is scared of revealing anything at all to the Tax Authorities.

 

Due to the above predicament, the owner has started depositing the security cheques given to him although the rent has being paid up to date.

As the account is my secondary account I do not keep any amount except the required MAB and thus the cheque has bounced.

 

What should I do in the above Situation to avoid any legal hassels and to smoothen things out.

 

Thanks in advance for Your Help!

 

Replies (13)

By seeing your case... it is for sure that  security cheques should not be encashed by the party unless & until there is sufficient ground of failure in the payment of instalmemt/rental amount... by the other party.. as you are paying rent in time after complying the provision of the statute.. you can approach legally against the party for wrongfull encashment of security cheques...

HI Sonu,

Thanks for the prompt reply. I understand your advice and would also like to know if there is anything else I can do to safeguard myself or is there any other way this can be legally solved amicably?

You could file his 15H yourself on his behalf after his consent . I think you are not left with any choice but to convince him. Btw you're are not using the premises for your personal use, are you?

As far as dishonour of cheques, No offence u/s 138 of N.I. Act is committed for dishonour of cheque given as security deposit.. 

and regarding Rent payment & TDS  you have to convince your landlord to give form 15H for non deduction of TDS

Hi Uday,

Thanks for Your Reply.

I am unable to fill the FORM 15 H as:-

1. The owner does not provide the PAN No. which is required while filling the form 15 H

2. The owner does not want to submit the Form 15 H at all. Refusing to comply.

And Yes, I'm have taken the house on rent from the owner for my personal use.

 

Please advise.

Dear dhruv, you do not have to deduct TDS on rent paid for the premises occupied for your personal use since you are not going to claim any exemption for the same. Moreover, the concept of providing 15H to the deductor for the purpose of rent has been introduced from 1st of June 2016.

Hi,

 

Thanks for the insight into the 138 of N.I. Act, really valuable piece of information, but the owner refuses to give FORM 15 H,

So in this can the Government penalise me for non filing of TDS? As the owner has not given the PAN no also.

Hi Uday,

Though Im using the house for my personal stay, I have shifted to Pune on business purpose and the house agreement is between my company and the owner.

 

Hi Uday,

Though Im using the house for my personal stay, I have shifted to Pune on business purpose and the house agreement is between my company and the owner.

And the rent is payed from the companys current account to the owner.

So in this case is TDS liable to be deducted?

Yes, in that case this turns out be an issue and yes, TDS shall have to be deducted if the contact is between the company and the owner. Maybe you need someone who has a vast experience and knows about these kind of cases.
Convincing is all you are left with. At least that's what i think. Maybe you should wait for other replies

Hi Uday,

 

Yes, I guess there are not many options in this situation. I'll have to look for some other option and convince him.

Thanks for all the effort buddy.

Regards,

Dhruv


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register