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Tds

(Querist) 25 April 2013 This query is : Resolved 
Sir,
Our landlord is supposed to give exemption certificate from IT authority for non deduction of TDS from Rent paid to them during 2012-13,on asking he has sent me application in form no 13, but till date we or he have not received final exemption order from ITO, my CA advises me to pay TDS for the whole year with interest before 30 th April'2013 as part of our obligation.and then adjust it with rent payable next year 2013-14.
pl clarify if form 13 from them is sufficient to bypass deduction ?

regards,

ashok thakker
Guest (Expert) 25 April 2013
Your CA has rightly advised you. In fact, you were not obliged to wait for the issue of exemption certificate by the ITO to your land lord. Your obligation was to deduct TDS in the absence of any exemption certificate and deposit the same on due dates.
Rajendra K Goyal (Expert) 25 April 2013
I agree with the expert and add that in case of need your landlord may get the refund by filing a return.


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