Lease agreement

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
I leased out my apartment to a corporate company. They occupied the apartment for 4 years.
1. They never paid the rent in time.
2. Their employee (tenant) has caused considerable damage to my house.
3. They are deducting tax at source. They are providing form-16 to me just few days before the last date for filing IT returns. (for eg., last year they provided on July 27th)
4. I had given them my PAN number but looks like they aren't crediting this tax collected under my PAN. When I pointed out this mistake they intially told they will do a re-file but now they are saying it is the issue of Income tax department
Can I file a case against them in consumer court or civil court ?

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M.Sheik Mohammed Ali (Expert) 18 April 2011
yes you can file a case, and breach of trust case also file.

Sarvesh Kumar Sharma Advocate (Expert) 18 April 2011
breach of civil trust!

R.Ramachandran (Expert) 19 April 2011
Let me answer only in regard to your query at serial No. 3 and 4.

3. You say that form-16 was provided to you only July 27th. While acknowledging did you put the date as 27th July or not. If not it is your mistake. They will fill up the correct date and escape. Hereafter, put your dated signature while acknowledging the receipt of the Form-16.

4. Have you applied to NSDL to view your tax credit. If not apply for the same. You will be able to verify the TDS particulars against your PAN No. If you have received the Form-16 showing TDS, but if it is not reflected in AS26 (i.e. where you can view the TDS against your PAN), then make a complaint to your Income Tax Officer under Registered Letter.
Only if the Income Tax Officer does not take any action against them, then you approach this LCI forum, we will provide the guidence.

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