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Mihir Tanna |1069 Answers |Ask -Follow

Tax Expert - Answered on Mar 20, 2023

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more

Question by Amit on Mar 15, 2023Hindi

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Though given to understand that the Hardship compensation and Rent paid to members in a Redevelopment project are exempt from Income Tax, the Developer under the Joint Development Agreement deducts the TDS on these amounts @10% under section 194IC. If it is exempt for I.T., how do individual claim a refund of the TDS?

Ans: Matter of TDS on such compensation is litigative. As per JDA agreement, if part consideration is pertaining to rights given to develop a real estate project, TDS is applicable.

Further, Refund of TDS can be claimed by filing income tax return.

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.

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Asked by Anonymous - Jun 03, 2023Hindi

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My old house is under redevelopment, Developer is paying Inr 24200 less 2420(tds 1%) Inr 21780 as rent per month and Inr 19800 per month as Development hardship compensation, I am currently staying in my new house which has home loan pending of 54 lacs and paying Emi of 45000 per month and claiming deduction of principal and interest in my IT returns I want to know that Does Rent and Development Hardship compensation is treated as other income and is it taxable? If yes then how much tax I have to pay. I have heard that recently the court has given a judgment that under redevelopment rent or any compensation paid by developer is not taxable, please clarify.

Ans: Yes matter is still litigative. There are certain Judgments in which it was held that Compensation paid by builder during redevelopment of flats is capital receipt and not taxable. Considering amount of compensation you have received and cost of litigation, in my view, you should offer the said compensation to tax as Income from other sources which will taxed at slab rate.

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Question by Siddramappa - Oct 17, 2023Hindi

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My earlier question on getting refund of TDS done at the time of sale of property is yet to be answered. I wish to know whether I can claim refund of it and what is procedure to claim it.

Ans: Yes, you can claim a refund of TDS done at the time of sale of property. The procedure to claim a refund is as follows:
• PAN Card of both transferor & transferee is required.
• Transferee/purchaser needs to register himself/herself in TRACES with PAN.
• On deduction of tax u/s 194IA, the deductor needs to generate 26QB online.
• Tax payment needs to be made online within due date.
• On payment of tax, 26QB needs to be filled within due date.
• On successful filling of 26QB, TDS certificate in F16B can be generated online and needs to be issued to the deductee within due dates.
• In case of any alteration, Form 26QB can be altered online at TRACES.

For the above, you require the following information:-
1. PAN of the seller
2. PAN of the buyer
3. Date of payment
4. Amount of payment
5. TDS deducted

After completion of all the above steps, the system will show a tax credit in 26AS of the deductee. The Income Tax Department will process your refund request. Once the Income Tax Department has processed your refund request, the refund will be credited to your bank account within a few weeks.

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I have recieved the amount from the Govt. For Land acquisition. For that they have deducted TDS of 10% in AY2023-24. I have missed to file ITR and claim TDS refund. Can i claim refund now?

Ans: You may file ITR-U & claim your TDS.

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My son got 245 in bits .He can get any Brecht branch

Ans: Priyanka Madam, by now your son must have been allotted/not allotted any seat by BITS. Please update the status for today. However, please note, A BITSAT score of 245 situates you within the previous two years’ closing-score bands for core engineering streams at the Pilani, Goa, and Hyderabad campuses. At Pilani, the B.E. Chemical Engineering cutoff ranged from 224 in 2023 to 247 in 2024, placing your 245 close to the 2024 threshold and comfortably above 2023’s mark; B.E. Civil Engineering closed at 213 and 238, making admission highly probable; and B.E. Manufacturing Engineering cutoffs of 220 and 243 indicate a strong likelihood of allotment. At Goa, Chemical Engineering closed at 239 in 2024 and 248 in 2023, and Civil around – (not offered in 2024) – but Pilani-equivalent streams suggest safe admission; Manufacturing cutoffs mirror Pilani trends, bolstering your prospects. At Hyderabad, Chemical Engineering cutoffs of 238 and 209 over the two years ensure a secure allotment, while Civil Engineering’s 235–204 band similarly favors your score; Manufacturing at Hyderabad showed closing marks near 218–251, indicating moderate probability. Across campuses, Civil and Manufacturing remain reliably within reach, Chemical at Pilani may require waitlist movement but is feasible given historical fluctuations, and all three streams at Hyderabad and Goa present strong chances. Additional seats open during special iterations further enhance admit probabilities.

Recommendation: Considering consistent cutoff trends and seat matrices, prioritize B.E. Civil and Manufacturing Engineering at BITS Pilani for guaranteed allotment, consider Chemical Engineering at Pilani via waitlist movement, and secure Chemical, Civil, or Manufacturing Engineering at BITS Hyderabad or Goa for assured admission, capitalizing on slightly lower cutoffs and ample seat availability. All the BEST for a Prosperous Future!

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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