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Sushma Sharma (NA)     21 January 2010

Landload not paying tax on rental income


I believe that my ex-house owner is not paying the tax for the rental he has taken from me for 2 years.
Please let me know the following:

1) How can I file a complaint against him in Income Tax department i.e. the procedure for filing complaint, do I need to take help of any lawyer.

2) Can I file a case anonymously? or it is mandatory to submit my rental receipts so that the IT Dept will come to know how much rent has been paid by me and also how much tax my ex-landlord has to pay?

3) Also I want to know that if by chance he is paying the tax then can he file a defamation case against me for filing this complaint.




 8 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     21 January 2010

I see anxiety in your query; but first you make a demand for repayment of money he collected from you on that count and explore these methods only if he refuses or fails to comply with your demand. Take a lawyer's advice in issuing a notice.

Sushma Sharma (NA)     21 January 2010


I have already done the same but he refused to pay any money and also threatened me that he ll make me pay for this i.e. if I file a IT complaint against him.
So I want to file a complaint so that these type of crooks can be punished.

A V Vishal (Advocate)     21 January 2010

Without knowing whether he is liable to pay tax how can you conclude that he is not paying tax ( It seems you are yourself not sure whether he is doing it or not and even afraid of any case by him against you). More than being a law abiding citizen the tone of your query seems to be like you want to settle scores with him. If he is not paying his taxes it is his problem, why are you so concerned about his taxes?

2 Like

V. VASUDEVAN (LEGAL COUNSEL)     21 January 2010

 Are you paying rent and also separate amount towards tax. If you are paying only rent and not tax,  land lord's tax liability is a concerned between him and the tax authorities.. It won't be prudent to get in to such vexatious issues unless you are aggrieved.


Sushma Sharma (NA)     29 January 2010


Thanks for ur reply. Actually I was paying rent and separate amount towards tax. When I left the house last month the landloard cheated me and took 1 month of extra rent saying that the house needs painting. Aftermuch request also he dint return the money and threatened me of dire consequences if I go and companin against him in IT dept. I want to teach this crook a lesson. Thts why I posted my query in this forum.

If you can suggest something pls answer my queries.

Parveen Kr. Aggarwal (Advocate)     29 January 2010

You may get information by making an application under the RTI Act.

vijay krishna (incharge)     20 February 2014

i have a query. if my landlord ir taking a lakh per month as a rental income from 10 to 15 households and not filing icome tax and not having pancard at all. how to file case against him, will my identity will be revealed.

Mukesh Kumar   28 January 2017


If landlord is not taking room/flat rent in any other mode except cash payment and even not sharing his/her PANCARD detail to tenant (Tenant require PANCARD number while filling his/her HR investment proof) , then what are the Govt./IT dep lows agianst the lanlord, basis on tenant can file FIR?  This is main common problem in metro cities of India, where most of landord (if i say 99%, it would not be wrong) doing room rent bussiness in black way. Finally tenant is sufferring.   


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