• TDS on property not deducted - got a notice from CPC income tax

I am an NRI and has purchased a property in 2012 and sale deed was registered in july 2013. I was not aware about the tds and made full payment to builder and builder also did not inform about this. now i have got an intimation from it department regarding this TDS.
property was purchased in joint name.
how we should proceed now.
Asked 8 years ago in Income Tax

Hello,

With effect from 1June 2013, any person buying immovable property other than rural agricultural land from a resident transferor shall deduct TDS at 1% on consideration amount. It is highly suggested in your case to consult a CA for further action without any delay since you have received notice.

Regards, CA Ankit Adhyaru

Ph. 9898789180

Ankit Adhyaru
CA, Ahmedabad
19 Answers

Dear Sir,

According to section 194IA, you were liable to deduct TDS. As you have not deducted the same, demand is raised onto you.

Suggestion:

you should immediately pay the challan 26QB and make the payment. Please make sure you make the payment on NSDL website on the link of ""Demand Payment for TDS on Property"".

Thanks and Regards,

CA Abhishek Dugar

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

If you got a notice from department regarding payment of the same and they have written in the intimation about the payment then it is advisible to pay and produce copy of the same to end the issue.

Shyam Sunder Modani
CA, Hyderabad
1409 Answers
164 Consultations

Dear Sir,

please confirm when you have made total payment and what is the amount of total payment made.

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

Hello Sir,

The Section says, that the tax is deducted at the time of payment. In your case you have mentioned that the property was purchased in 2012 but you have not mentioned when did you make the payment.

Please provide me the details, to help you further.

Trust this clarifies your query.

Feel free to get back/ call back for any further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB - GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

Dear Sir,

You were required to pay TDS amount along with Interest. Now you are required to contact your Income Tax Officer.

Also, if the property is purchased by 2 or more person then liability to deduct and submit TDS is on both parties separately.

For any other query/ Clarification, feel free to contact:

ca.skagarwal@gmail.com

Shiv Kumar Agarwal
CA, Delhi
489 Answers
74 Consultations

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