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Tds on property

kumar (student) (27 Points)

14 January 2019

HI,

My sister purchased the property near to 53 lakhs in assessment year 2014-2015 and paid the 1% TDS of property but forget to submit form 16b to builder, get the amount from builder. NOW Builder saying without getting 16b e did not claim the TDS in 2014-15. What is procedure to get the amount from builder or Income tax department.

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7 Replies

Ruchika Somani (Coaching and Practice in Tax Audit Law.) (4429 Points)
Replied 14 January 2019

TDS return was filed successfully by your sister in 2014-15?

kumar (student) (27 Points)
Replied 14 January 2019

YES but i have to get the amount from builder as my sister did not submit the 16b form to builder so builder did claim that amount.

Ruchika Somani (Coaching and Practice in Tax Audit Law.) (4429 Points)
Replied 14 January 2019

Ignorance in filing return of income is fault on the part of builder. You can claim that money from builder only and not from department.

kumar (student) (27 Points)
Replied 14 January 2019

builder is saying that my sister did not submit the form 16b to them so they did not know about this and did not claim. So what are the alternate for this?

Ruchika Somani (Coaching and Practice in Tax Audit Law.) (4429 Points)
Replied 14 January 2019

He could have checked in his 26AS. Not receipt of form 16b by builder is mere an excuse

kumar (student) (27 Points)
Replied 14 January 2019

Thanks for quick response i will check it once again with builder incase if he refuses then what is the legal procedure to handle this

Ruchika Somani (Coaching and Practice in Tax Audit Law.) (4429 Points)
Replied 14 January 2019

Ask him to talk in department that he wishes to revise his return in case possible and department agrees otherwise you need to file a case against him.