[Monaknight246]

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Monaknight246
OP
April 9, 2025 at 6:39 am

Thanks for laying this out clearly — I’m aware of these sections (276B and 271C), and that’s exactly what has me worried.

The problem is, my NRI landlord is refusing to allow any TDS deduction. He insists on full rent being transferred to his NRO account, says he already pays taxes, and even claims that he and many of his NRI friends rent out properties across India and none of them deduct TDS or face any issues.

I’ve tried explaining that I am the one liable under the law — not him — but he’s totally dismissive and says, “Nobody does it, and nothing ever happens.”

So now I’m stuck between:
• Following the law and potentially souring the rental relationship (in this market, losing a place isn’t ideal), or
• Giving in to his way and risking prosecution, penalty, and interest — just for doing what he asked.

Is there any legal protection or clause I can include in the rental agreement that shifts the liability to him if he refuses TDS deduction in writing?

I know the tax department won’t care about our contract, but at the very least, I want to have it on record that he insisted on this, against legal advice. Open to any suggestions from others who’ve faced similar situations — because this feels incredibly unfair to tenants trying to stay compliant.

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