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    <title>2025 (6) TMI 164 - MADRAS HIGH COURT</title>
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    <description>Retrospective fixation of fair rent was held impermissible, but arrears could be computed by applying a 15% enhancement for each three-year period where the revision became due before vacation. The writ petition was entertained despite an appellate remedy because possession had already been handed over and the later demand created a live dispute on arrears. The court also held that tax deducted at source could not be recovered as rent arrears from the tenant, since the recipient&#039;s tax registration and refund remedy lay before the income tax authorities. Arrears were therefore to be worked out prospectively, excluding the TDS component.</description>
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      <link>https://www.taxtmi.com/caselaws?id=772051</link>
      <description>Retrospective fixation of fair rent was held impermissible, but arrears could be computed by applying a 15% enhancement for each three-year period where the revision became due before vacation. The writ petition was entertained despite an appellate remedy because possession had already been handed over and the later demand created a live dispute on arrears. The court also held that tax deducted at source could not be recovered as rent arrears from the tenant, since the recipient&#039;s tax registration and refund remedy lay before the income tax authorities. Arrears were therefore to be worked out prospectively, excluding the TDS component.</description>
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