Tds to be deducted or not

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

02 June 2015

WE HAVE GIVEN HOSPITAL ON RENT AND ALL THE FACILITIES ARE USED BY THE TENANT BUT MEDICLAIM (TPA) IS DONE IN THE NAME OF THE HOSPITAL AND TDS IS DEDUCTED IN THE NAME OF THE HOSPITAL AND BALANCE AMOUNT WHICH IS RECEIVED BY THE HOSPITAL IS GIVEN TO THE TENANT BUT NO TDS IS DEDUCTED WHILE PAYING THE AMOUNT TO THE TENANT. SO WHAT CAN BE DONE?

THE HOSPITAL IS UNDER AUDIT AND NO RETURN HAS BEEN FILED BUT IT WANT TO CLAIM TDS SO HOW CAN IT BE DONE. PLEASE GUIDE WITH APPROPRIATE SECTIONS!

CA. SHIVA SHANKARA R. SHETTY

CA. SHIVA SHANKARA R. SHETTY (Expert)
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02 June 2015 In this case, TDS has to be transfer from hospital account to the tenant account.

We are also facing same problem in similar case. Since, 1.5 years, we are knocking the doors of income tax department for solution.

You don't have readymade solution for this case. Because, as per Rule 37BA as ammended by Income Tax Rules, 1962 in the year of 2009, CBDT clearly says that, tds can be transferred.

But, AO show his hand towards TDS jurisdiction and TDS officer are showing his hands towards AO. Now, we are planning to go for appeal.

Anyway, you can contact us on shetty@ssrshetty.co.in or on 9980195919. We will intimate any result we get

Querist : Anonymous

Querist : Anonymous (Querist)

02 June 2015 Thanks for your assistance.

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