Tds refund due to cancellation of deal

TDS 6314 views 6 replies

Hello!!

I had finalized one deal for purchase of a flat valued Rs. 60.5 lakhs in May'15 and based on that already deposited TDS of 1% (Rs. 60500/-) with income tax dept. But due to insufficient documents provided by builder, such deal got cancelled. Since TDS have already been deposited by me in advance and Builder is not responding on repaying the same. 

Whether it is possible to get the same refund from Income tax department directly through online.

Pls help earliest.

Replies (6)

You must have paid  (X-60500) to him. He must return all X to you and claim refund.

otherwise you have to tell the TDS AO 

Originally posted by : S. Shiroor
You must have paid  (X-60500) to him. He must return all X to you and claim refund.

otherwise you have to tell the TDS AO 

Thanks Shiroor,

Unfortunately Builder is not responding for refunding that Amount. Since Builder resides at Gurgaon and so property lies in Gurgaon. To whom should I approach. Whether it is possible to contact concern Authority online or Written application to be given.

Pls help...

1] Did you file TDS return with his PAN no or gave 60.5k to builder by chq/cash

2] Was the property regisstered.with local authorirties.

3] When you cancelled the deal, did you - cancelled the registration.

4] If you have filed TDS return with ur TAN and his PAN goto TDS AO. bcoz money is lying with them. 

5] If you have given money to the builder you have to send letters to him by Regd AD.

after three letters file case in Comsumer Court. 

I hope this will Help.

Thanks shiroor again for your response 1) I filed TDS online with his PAN NO. 2) Property seems registered since rest of the flats in that building got registered. 3) We had agreement registered but that cancellation was not registered ND originally copy of agreement is with me. 4) I filed TDS using my PAN and his Pan. His PAN have address of Gurgaon ND my PAN have address of Mumbai. Property is in Gurgaon.who will be concern TDS AO. 5) Regd AD ???

Regd AD means Registered Lettter with Acknowledgement Due.  

Since you have paid TDS online the money is lying with Govt.

For cancellation - you have to see terms of agreement registered for cancellation.

The money given to Builder will be reimbursed if ur flat will be book by him by somebody else.

Builder needs to get replacemnt customer.

Did the builder gave th booking amt or money paid to you.

You need to go to TDS AO of Gurgaon and explain to him the situation.

As regards ur money paid to the builder he should pay back as per terms and condition laid down in Agreement. 

In case he does not reimburse then you have to goto Consumer Court.

Since the TDS is for AY 2016-17 you should start the proceeding s from now itself.

I hope this helps.  

claim TDS refund by filing Form 26B for Rs. 60,500/-


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