53A. Deduction at source from house property.-

53A. Deduction at source from house property.-

(1) Where any specified person is a tenant in respect of a house property or hotel accommodation, the tenant shall deduct tax from the rent of such house property
or hotel accommodation at the rate of five per cent at the time of payment of such rent.
 

Explanation.- For the purpose of this section, "rent" means any payment, by whatever name called, under any lease, tenancy or any other agreement or arrangement for the use of any house property or hotel accommodation including any furniture, fittings and the land appurtenant thereto.
(2) Where, after the assessment made for the relevant year, it is found that no tax was payable by the owner of the house property or the amount of tax deducted is in excess of the amount payable, the amount deducted shall be refunded,-
(a) if no tax was payable, in full; or
(b) if the amount deducted is in excess of the amount payable, to the extent of the excess deduction to the owner of the house property.
(3) Where the Deputy Commissioner of Taxes, on an application made in this behalf, gives a certificate in the prescribed form to an owner of house property that, to the best of his belief, the owner is not likely to have any assessable income during the year or the income is otherwise exempted from payment of income tax under any provision of this Ordinance, payment referred to in subsection (1) shall be made without any deduction until the certificate is cancelled.
(4) In this section-
(a) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52;
(b) “payment” shall have the same meaning as in clause (d) of subsection (2) of section 52.”।।।
 

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