tds treatment if part certificate is recd

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vishal (Querist)
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27 September 2008 I have one query that I have a rent agreement with company A."A" deducts tds on my rental income.But is giving me tds certificate only for 10 months though he has deducted for 12 months.Now my question is how do i treat this in my return whether 10 or 12 months.

A is saying me that he will provide the certificate for 14 months in next financial year.

Please tell what are the consequences for me & even for A.what are the penalties which he will be imposed.

How will I prove myself infront of Income Tax Officer.

Thanks & Regards,

Shobhit Singhee

PIYUSH JAIN

PIYUSH JAIN (Expert)
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27 September 2008 Dear Shobhit,
To deduct tax is the responsibility of the payer. if he has deducted TDS from rent but denying to give TDS certificate it means he has not paid that to the govt.
He will be liable for penalty.
You straight forward get benefit of 10 months certificate and pay tax for whole Rent Income.
And if possible try to take a letter from A on his letterpad of the actuals for a proof to proove yourself infront of Income tax officer.