TDS who is liable ?

Querist : Anonymous (Querist) 30 January 2010 This query is : Resolved
My first question is in case of a lease deed, as per law who shall pay the TDS (lessor OR leasee )?

Clarification : We have executed an agreement where the rent of the building is 15,500 which is for a period of 3 years. The lessor is not ready to pay the tds. What is the option to the lessee ? Will the tds amount will be refunded showing the tds certificate ?

I would appreciate any help on my above queries.

Thanks In advance

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A V Vishal (Expert) 30 January 2010
The lessee needs to deduct and pay the TDS on the rent payable/paid to the lessor. However, the lessor shall file his return of income and adjust/refund the TDS against his tax payment. Please clarify if the payment is being made to a single owner or to multiple owners.

Sachin Bhatia (Expert) 30 January 2010
agree with Mr.Vishal

soumitra basu (Expert) 02 February 2010
If the annual rent is less than 1,20,000 to each co-owner then there is no TDS liability in the hand of lessee.

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