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Author Topic: Builder holding back keys due to pending TDS correction. Please help.  (Read 347 times)

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Offline rarya89738723

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I have bought a flat in Pune from Pride Purple Group. Registration, Sale Agreement etc. (all paperwork) is completed and property is on my name. In Dec 2015 I made the final payment and then also paid the TDS (1%). I paid TDS based on my agreement date i.e. financial year 2013-14, assessment year 2014-15. Builder did not advise any instructions before the payment was done. After I did the payment they have asked for the TDS financial year and assessment year changed because they are saying that they have already filed tax returns for previous year so it will not help them.

And they refused to handover keys till the correction is done. I'm not sure if this is legal or not as according to my agreement date the TDS I have paid is correct for financial year and assessment year.

After this I have submitted a correction request to Income Tax assessing officer in Pune on 12th Feb 2016. It has been 40+ days now and I'm still waiting for the update.

Now it has been 4 months now since the time I have paid everything due on my name to the builder and TDS, but builder is holding back the keys only because of the correction.

I have made multiple requests and they are not ready to hand over the keys. I'm unnecessarily suffering due to the same.

Please could you advise what steps can be taken to get handover of the keys?

I would like to send a legal notice and also seek compensation for the problems this is causing me. I believe it is purely a negligence on the builder staff side as they did not send any instructions before the payment and then suddenly came back asking to change TDS after the payment.

I do not have anything due on me and I have all documentation etc. So in this case if builder is holding back key due to TDS correction, is this legal? and what can I do?

Offline adv.amarnath

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Re: Builder holding back keys due to pending TDS correction. Please help.
« Reply #1 on: March 28, 2016, 09:57:10 PM »
You are confusing and mixing two different issues. Builder is not giving possession is a separate issue and TDS is another. So in respect of Flat you have to go for consumer forum immediately before it is too late. It was your responsibilities to take possession of the flat before registering it in your name as per Transfer of Property Act. But Consumer Protection Act will help you to rectify your error but within certain time.

In respect of TDS, you are not concern about that. You should be concern in respect of your flat only.

Amarnath Sanyal
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Offline rajgopal sripathi

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Re: Builder holding back keys due to pending TDS correction. Please help.
« Reply #2 on: March 30, 2016, 09:46:29 PM »
TDS is payable as per date of registration of sale deed.
However if you have taken extension of time to pay till Dec 2015, then TDS should be paid based on rates applicable in Dec 2015.
Builder is correct in asking because the government does not allow amendment of Form 26 AS. All Form 26 AS is valid from 01 April till 31 March.
Rajgopal Sripathi


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