Refusal to give tds certificate for sale of flat
Vishal Bhasker
(Querist) 22 June 2016
This query is : Resolved
Respected members this is with reference to the flat i sold last year in aug approx. My flat buyer deducted tds close to 83000. He still has not issued me my tds certicate till date. He is just harrasing me by sending me the tds tax receipts or his it returns. Wud like to know if i can take this case to the police for help. Is this an offence. If an offence under wat section can i sue him? Wud appreciate ur expert replys on the same.
malipeddi jaggarao
(Expert) 22 June 2016
If TDS is deducted and remitted in your name to the IT Department by the Buyer, you can as well check in the website and know whether he really remitted or not using your PAN number. If he has remitted already, you need not have to worry and include the amount in your tax returns. If nothing is shown in your name, it might be that the buyer reduced the amount but not actually paid to IT Dept. In such case, you can issue legal notice quoting the clauses in the agreement and insist him to issue the certificate/pay the TDS to IT Dept., with delayed interest.
Rajendra K Goyal
(Expert) 23 June 2016
If he has deposited the tax, same must be shown in your 26As statement, download the same from TRACES online. You can file your return on the basis of 26AS.
Vishal Bhasker
(Querist) 25 June 2016
After checking the form 26As filed by the opponent (buyer of the flat) he has shown me as the buyer in the form rather than the seller and deducted the tds. Wud like to know if i cud take sum legal action against this man. How do i sort this whole mess created by him. Awaiting ur expert valuable suggestions for the same.
T. Kalaiselvan, Advocate
(Expert) 25 June 2016
Once the deducted amount has been properly accounted by the buyer you need not be worried about other issues in that regard. Expert Mr. Malipeddi Jagga Rao, has very clearly explained everything in this regard, you may go through his views and opinion once again.
