tax recovery

Querist : Anonymous (Querist) 27 July 2011 This query is : Resolved
whether deposit kept by tenent for the rented house can recovered by the tax recovery officer for income dues of tenent u/s 226 (3) of the IT act. But the deposit is conditional deposit, in the sense that if the tenent fails to pay rent it is adjusted against rent, and if there are any damages it is adjusted,

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R.Ramachandran (Expert) 27 July 2011
You cannot say that I have kept the amount for this or for that purpose but would not pay the tax. The Tax Recovery officer has authority to recover the tax due so long as the money is with you in your account.

soumitra basu (Expert) 02 August 2011
The Tax Recovery officer has no right to recover deposit from the house owner unless it is legally payable to the tenant. It is only due at the time of vacating the premises. The Tax Recovery officer may direct the house owner not to pay the deposit to the tenant unless he clear off the dues of the Income Tax department.

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