rent received by one joint owner

[d.v. gupta]

sir,

one of my assessee  holds a house property jointly with other person.  Full Rent received from property by the assessee with the consent of other joint owner.The total rent received was rs 15000 per month and a tds of rs 18000 deducted from rent. Assessee paid half rent of rs 6000 per month. to the other joint owner.The A.O.is considering the all rent income in hand of assessee and not allowing payment made to other joint owner. Is he correct despite the fact the actual income is half only.

[CAGOPALJI AGRAWAL]

You will have to demonstrate that the ownership is joint by way of sale deed etc. and the returns of the joint owners of earlier years and the balance sheet of these joint owners.The rent agreement may also be an evidence at the the first hand.

AI Summary

Joint property rental income requires documentary proof of co-ownership to allocate rent for tax assessment. To rebut inclusion of the entire rent in one assessee's return, the assessee must establish joint ownership and the true entitlement to only a proportionate share of the rent by furnishing contemporaneous documentary evidence. Relevant proofs include the sale deed or title documents showing co-ownership, prior years' returns and balance sheets of the joint owners reflecting income treatment, and the rent agreement or evidence of distribution to the co-owner.