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Q.

Is TDS applicable on rent payable by developer to Flat owners till completion as per agreement?

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1

4 Year

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0 2021-07-01T10:46:32+00:00

Hey,

So a few months ago, I read a judgement given by the court on a case where the developer was not able to provide the possession of a building on time, hence he paid the rent to the owners who were to occupy the property. The judgement said that since the developer was simply paying the amount to the home owners, it would not be treated as rent. Any payment which is paid to the landlord by the tenant under an agreement or lease is treated as ‘rent.’ Hence, TDS deduction wasn’t applicable there.

Your question and the situation are quite similar so as per my understanding, TDS is not deductible. However, I would still advise you to consult a lawyer and get things clear.

Hope this was helpful :)
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