sir,
A Doctor(landlord) has rented out their hospital premises to another doctor (tenant), who provides healthcare services there. The tenant doctor earned ₹40 lakhs from a healthcare trust for medical services rendered, but the payment was mistakenly credited to the landlord doctor’s bank account. TDS under Section 194J was deducted, and this amount is now showing in the landlord doctor’s AIS (Annual Information Statement), linked to their PAN.
The healthcare trust has stated that it cannot change the PAN or reissue the TDS certificate.
For income tax compliance, how should the ₹40 lakhs be correctly transferred from the landlord to the tenant doctor? Can this transfer be done without triggering further TDS or tax implications? What is the correct procedure to document this transfer and clarify ownership of income for tax purposes?”
This situation involves misreporting of income in the wrong PAN due to a payment error. Here’s how the landlord (recipient doctor) and tenant (actual service provider) should address it without triggering double taxation or further TDS:
To correct the mistake you mentioned above, you need to revise the TDS return, for this there is a specific procedure, without that it would be incorrect. Both of the income as well as TDS need to reported and claimed by the correct person.
Ton further discuss about the query and how to manage this, connect me over whatsApp 9999616874.
Regards,
CA Raman