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Wrong TDS in Form 26AS

Mohit Agrawal (AUDIT MANAGER) (104 Points)

30 December 2020

My tenant has deducted TDS u/s 194IB and deposited such amount of TDS under my PAN no. while it should have been deposited under PAN no. of my husband because rental income was received in the Bank Account of my husband.
My tenant is not ready to rectify form 26QC which was filed by him. Consequently, rental income of Rs. 549000 with TDS amount of Rs. 27450 is showing in my Form 26AS. I am salaried employee and I have already total income of Rs. 10 Lacs from salary.
If I show this rental income in my ITR according to form 26AS, I have to pay tax Rs. 164700/- and interest u/s 234B and 234C extra.

What should I do. Pls. guide me.

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7 Replies

CA. Sourav Sarkar (Chartered Accountant ) (24583 Points)
Replied 30 December 2020

You should rectify the tds asap otherwise you have to bear tax liability and also the tds if not corrected then it will not show in your husband 26as for this assessment year then it will create another obstacle.
Tds should be corrected asap otherwise penalty will be attracted. Please told your tenant to file the tds correctly

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Mohit Agrawal (AUDIT MANAGER) (104 Points)
Replied 30 December 2020

Sir, but problem is that my tenant has left the rented property few months ago and also he is not ready for any support or any correction in the TDS return filed by him earlier.

CA. Sourav Sarkar (Chartered Accountant ) (24583 Points)
Replied 30 December 2020

Fill the ITR before the due date and claim the tax credit in the same.. u need to follow up with the Company to get its TDS return revised, so that credit can be reflected in your account (26AS), otherwise, ITD will not give the credit of TDS at the time of processing of the return..
otherwise u will receive intimation u/s 143(1).. You will have to file rectification u/s 154 along with the copy of the TDS cerificate and application to stay the demand. In the meantime, you can approach the deductor to rectify the TDS return, and once the same is done, file the copy of revised 26AS with the ITD.. The demand raised will then be deleted..

Mohit Agrawal (AUDIT MANAGER) (104 Points)
Replied 30 December 2020

Such rented property is jointly registered in the name of me and my husband. On the basis of such fact, can I show 50% of rental income in my ITR and 50% rental income in my husband ITR ? Alternatively, can I show 100% of rental income in my ITR by claiming benefit of int. on home loan despite of the fact that loan is in the name of my husband.

CA. Sourav Sarkar (Chartered Accountant ) (24583 Points)
Replied 30 December 2020

You should opt for 50% rental income between you and your husband as co-owner rule

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Balamurali Unnithan MS (STUDENT) (1631 Points)
Replied 30 December 2020

Rent Deed with whom ?
You or your spouse , if you are the owner , you are liable , no offense !

Mohit Agrawal (AUDIT MANAGER) (104 Points)
Replied 31 December 2020

Thanks for your prompt response. My last question - Can I include 100% of rental income in my ITR only due to the reason that it is showing in my form 26AS by claiming benefit of int. on home loan ? Pls. note that rental income was received in my husband account and loan is also from the name of my husband and EMI is also going from my husband Account.
There will be no tax liability arise in my ITR if claim benefit of int. on home loan in my ITR and prima facia no mismatch will show in the reported rental income in ITR with rental income showing in form 26AS. Which option will be more better ?