Hi,
The previous office owner reduced the amount of TDS and returned the security deposit.
Even when the TDS certificates are provided, he says he is 80 plus and he doesn't file a return and he refuses to return back the amount deducted as TDS and returned the security deposit deducting the amount paid as TDS.
Is there any thing we can do leally or how to tackle this situation
From India, Bengaluru
The previous office owner reduced the amount of TDS and returned the security deposit.
Even when the TDS certificates are provided, he says he is 80 plus and he doesn't file a return and he refuses to return back the amount deducted as TDS and returned the security deposit deducting the amount paid as TDS.
Is there any thing we can do leally or how to tackle this situation
From India, Bengaluru
Is there any way to handle this situation legally ? Kindly advice. Thank you..
From India, Bengaluru
From India, Bengaluru
Dear member,
Though the post is out of purview of HR, it falls within the purview of Admin, hence I am responding it. Nevertheless, the post lacks clarity because of the clumsiness. You could have written the post like this:
+++++
We had hired office premises. While taking the premises on rent, we had paid refundable security deposit whereas while paying monthly rent, we deducted the TDS as per the rules.
Now we have vacated the premises. While refunding the security deposit, the landlord has deducted the amount that is equivalent to our total TDS deductions and paid the balance. Since we deducted TDS, we had provided him TDS certificate. Our certificate could have helped to claim the refund subject to eligibility. However, his justification is that he is 80+ and does not file the income tax return. Since he does not file IT return, he cannot claim refund of the TDS amount from the IT department.
Because of the short refund of the security deposit, our company will incur losses. Please tell us how to solve this problem.
+++++
Solution: - Hope I have revised your post clearly. Please refer the terms of your contract agreement. If it is mentioned to return security deposit completely (at the time of vacating the premises), then he is liable to do so. Send him a letter for the payment of the balance amount. If he fails to do so, then send him lawyer's notice. If the landlord remains still intractable then file civil suit for partial refund of the security deposit.
Lastly, a feedback on your written communication. It is difficult to decode your post. It requires lot of expertise and not everybody will have it. Don't not expect everybody to be that helpful to revise your posts. The heading of the post was also wrong. It read ":Owner refuses for deduction of TDS". I have corrected it.
Gentleman, sooner you learn how to write clearly, the better. A cloak of anonymity does not improve one's written communication.
Thanks,
Dinesh Divekar
From India, Bangalore
7839Though the post is out of purview of HR, it falls within the purview of Admin, hence I am responding it. Nevertheless, the post lacks clarity because of the clumsiness. You could have written the post like this:
+++++
We had hired office premises. While taking the premises on rent, we had paid refundable security deposit whereas while paying monthly rent, we deducted the TDS as per the rules.
Now we have vacated the premises. While refunding the security deposit, the landlord has deducted the amount that is equivalent to our total TDS deductions and paid the balance. Since we deducted TDS, we had provided him TDS certificate. Our certificate could have helped to claim the refund subject to eligibility. However, his justification is that he is 80+ and does not file the income tax return. Since he does not file IT return, he cannot claim refund of the TDS amount from the IT department.
Because of the short refund of the security deposit, our company will incur losses. Please tell us how to solve this problem.
+++++
Solution: - Hope I have revised your post clearly. Please refer the terms of your contract agreement. If it is mentioned to return security deposit completely (at the time of vacating the premises), then he is liable to do so. Send him a letter for the payment of the balance amount. If he fails to do so, then send him lawyer's notice. If the landlord remains still intractable then file civil suit for partial refund of the security deposit.
Lastly, a feedback on your written communication. It is difficult to decode your post. It requires lot of expertise and not everybody will have it. Don't not expect everybody to be that helpful to revise your posts. The heading of the post was also wrong. It read ":Owner refuses for deduction of TDS". I have corrected it.
Gentleman, sooner you learn how to write clearly, the better. A cloak of anonymity does not improve one's written communication.
Thanks,
Dinesh Divekar
From India, Bangalore
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