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. He refuses to return the amount deducted as TDS and returned the security deposit, deducting the amount paid as TDS. Is there anything we can do legally or how to tackle this situation?
From India, Bengaluru
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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. He refuses to return the amount deducted as TDS and returned the security deposit, deducting the amount paid as TDS. Is there anything we can do legally or how to tackle this situation?
From India, Bengaluru
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Is there any way to handle this situation legally ? Kindly advice. Thank you..
From India, Bengaluru
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From India, Bengaluru
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Dear member, though the post is out of the purview of HR, it falls within the purview of Admin; hence, I am responding to it. Nevertheless, the post lacks clarity due to its clumsiness. You could have written the post like this:
We had hired office premises. While taking the premises on rent, we had paid a refundable security deposit. 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 an amount equivalent to our total TDS deductions and paid the balance. Since we deducted TDS, we had provided him with a TDS certificate. Our certificate could have helped him claim the refund subject to eligibility. However, his justification is that he is 80+ and does not file an income tax return. Since he does not file an IT return, he cannot claim a refund of the TDS amount from the IT department. Due to 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 to the terms of your contract agreement. If it is mentioned to return the 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 a lawyer's notice. If the landlord remains intractable, then file a civil suit for a partial refund of the security deposit.
Lastly, feedback on your written communication: It is difficult to decode your post. It requires a lot of expertise, and not everybody will have it. Do not expect everybody to be that helpful to revise your posts. The heading of the post was also wrong. It read "Owner refuses for the deduction of TDS." I have corrected it.
Gentleman, the 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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8072We had hired office premises. While taking the premises on rent, we had paid a refundable security deposit. 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 an amount equivalent to our total TDS deductions and paid the balance. Since we deducted TDS, we had provided him with a TDS certificate. Our certificate could have helped him claim the refund subject to eligibility. However, his justification is that he is 80+ and does not file an income tax return. Since he does not file an IT return, he cannot claim a refund of the TDS amount from the IT department. Due to 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 to the terms of your contract agreement. If it is mentioned to return the 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 a lawyer's notice. If the landlord remains intractable, then file a civil suit for a partial refund of the security deposit.
Lastly, feedback on your written communication: It is difficult to decode your post. It requires a lot of expertise, and not everybody will have it. Do not expect everybody to be that helpful to revise your posts. The heading of the post was also wrong. It read "Owner refuses for the deduction of TDS." I have corrected it.
Gentleman, the 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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Responsibilitie s of person who is responsible for deduction of TDS on salary.docx
Security Deposit.pdf