248. Problem with builder in

India

Q: Dear Mr. V. K. Chand Good morning (i am writing this e-mail to you with a hope that you will reply me please) I am an NRI working in Saudi Arabia last (having working visa) 11 years; recently I booked an office space with OMAXE (OMAXE CONNAUGHT PLACE, GEARTER NOIDA, http://www.omaxeconnaughtplace.com), I opted assured return option (100% MONEY BACK GUARANTEED IN 8 YEARS). At the time of booking they asked me to fill a declaration form showing that TDS will be 10%, but now after taking 50% amount they refused to give me monthly check (assured return) and asking me to fill another declaration form showing TDS 30.9% I paid 18 lakhs (50%) through NRE check. Could you please advise me if there is any space to fight with them legally. Regards A. As far as TDS is concerned, the rate is set by the government and the money withheld as TDS has to be sent to the income tax authorities. They should give you a TDS statement every year, showing the amount of TDS they have submitted on your behalf to the income tax department. You should have a PAN card and ensure that Tax Deduction at Source (TDS) is reported accordingly. You may be able to claim some or perhaps all the TDS deducted depending on your circumstances. Speak with an accountant in this regard. As for your monthly income, this would depend on the agreement you have with the company. The only way to find out is to check with a lawyer. If you have records of legal payment and a valid contract, a lawyer and or accountant is what you should seriously consider consulting. Note: The TDS rate is set by the Indian government authorities, not by the builder. Currently for Nri’s 30.9% is the applicable rate.