ভাড়া হইতে উৎসে কর কর্তন

(1) Where a specified person, is a tenant of

(a)   any house property, or

(b)   hotel or guest house; or

(c)   vacant premises or plant or machinery; or

(d)   any reservoir other than a government reservoir,

The said person shall deduct tax at the rate of 5% (five percent) on the rent payable while paying the rent of the said property.

(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 is 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 sub-section (l) shall be made without any deduction until the certificate is cancelled.

(4) For the purposes of this section, "rent" means any payment, by whatever name it may be called, under any lease, tenancy or any or agreement for the use of any furniture, fixtures and buildings including land,