Tds remittance u/s 194ia
Dear All CAs,
I booked an under-construction flat in the Navi Mumbai with a Realty Developer firm in Aug. 2023, starting with the initial booking amount of ₹2 Lakhs and then followed by regular payments at certain intervals of the progress of the construction of Plinth @5% of Agreement Value (AV) and then each floor @2% per floor slab. The Agreement for Sale was registered in this month for a value of Rs. 1.35 Cr. that includes Development Charghes, Club Charges and Floor Rise charges. With the addition of Stamp Duty and Registration Charges the flat cost comes to Rs. 1.45 Cr. approx. excl. of GST. The deadline for handing over possession of flat is Dec. 2026 or earlier if gets completed.
In addition to the total flat cost of Rs. 1.45 Cr., there are other charges such as 1) Electricity and Water connection, 2) society formation charges, 3) Transfer Charges, 4) Valuation Report, 5) Infrastructure Development Charges and 6) 24 months monthly maintenance of building premises before the control and management is handed over fully to the flat owners' registered society.
The aggregate of payments made by me to the builder till date stands at Rs. 1Cr. approx.
Now my question arises with regard what category in which the TDS is to remitted, viz., i) Instalment or ii) Lumpsum.
When I raised the question with the builder at the time of booking, on the necessity of deducting TDS each time I was required to pay according to their demand notice, they said that TDS was to be deducted after registration was completed. Now that the registration has been done, I asked about TDS. Then they advised me to deduct 1% of the AV Rs. 1.35Cr. while making the payment of the current demand raised. I did so accordingly.
Only when I went through the I.T.D website and other resources, I learnt that TDS was to be deducted while making each instalment. Also, I happened to read that the TDS is applicable for other charges such club charges, electricity, water, and maintenane charges, etc. And as you can note from the above, these charges will have to paid only at the time of possession.
Now that I have deducted the 1% TDS, I must remit to ITD within the stipulated time, which I am aware.
In this scenario, I am confused as to choose whether the "Installment" option or the "Lumpsum" option in the Forn 26B payment screen of the I.T website.
If I choose the lumpsum option then I guess it means it's once and final which includes AV, and all other eligible categories allowable for TDS deduction of 1%. And as such there is no provision to deduct TDS for any payments which are yet to be due, meaning advance remittance to IT on TDS.
If I choose the instalment option and remit the 1% of AV, the question arises as to how will ITD view all instalments paid to builder thus far without TDS deduction? Nevertheless, paying by choosing "instalment" option, I might be allowed to deduct TDS for other eligible charges to be made at the time of possession.