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Tax on penalty from builder due to delay in possession

Vaibhav (software engineer) (28 Points)

15 July 2016

Dear All,

I got some penalty from a builder due to delay in offering possession for my flat. The builder also deducted 1% TDS from the paid penalty under section 194C. Do I need to pay any income tax on this received penalty ? Builder didn't adjust this amount in the final cost of the flat and paid the penalty separately after deducting 1% TDS.

I am really confused about it.

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4 Replies

CMA Poornima Madhava (CMA) (13097 Points)
Replied 15 July 2016

Tax deducted at source @ 1% u/s 194C implies that he has deducted tax on contract payment that he has made to you. Why has he chosen to deduct tax u/s 194C? Perhaps to take benefit of 1% TDS.

Since he has deducted tax at source, it is better that you show this as income in your income tax return.

Vaibhav (software engineer) (28 Points)
Replied 15 July 2016

Thanks Poornima for the prompt response.

It is not clear why builder used 194C for this TDS. This is probably not the right section to use but nothing can be done about it now.

Need one clarification - Do you mean adding this penalty amount to 'Income from Other Sources' when filiing return and pay tax on that ?

CMA Poornima Madhava (CMA) (13097 Points)
Replied 15 July 2016

Contract relates to business and hence right thing is to show as business income. But if the value is small and if it is a one time transaction, you can take chance to declare is as IFOS.