joint ownership of property

[d.v. gupta]

One of my client was joint owner of a property in a.y 2008-09.My client received whole rent of property and tds deducted on the rent in his name. he paid rs. 86000 to the other joint owner towards his share in property. The case was selected for scrutiny and assessing officer not given the credit for payment given to joint owner. he has considered all the rent received by my client. Is his view justified. should we go in appeal.

AI Summary

Joint Property Owner Dispute: Assessing Officer Counts Entire Rent as Income Despite Payment to Co-Owner. Consider Appeal. A client, a joint owner of a property, received the entire rent and had tax deducted at source (TDS) in his name. He paid Rs. 86,000 to the other joint owner as their share, but the assessing officer considered the entire rent as the client's income, not acknowledging the payment. A Chartered Accountant advised that there is no deduction clause for rent paid to a co-owner, suggesting the rental income should reflect the rent received minus the payment. Another expert suggested appealing if the property is jointly owned, allowing for proportionate TDS claims.