This Query has 1 replies
An Indian citizen purchased a (Immovable Property) Long term asset Land and Building for Rs2,0000000 from NRI Resident of USA, The buyer deducted Tax at Source at 12.5%+Surcharge+ E.Cess applicable, While Filing TDS return, which act I should select
1.Income Tax Act or DTAA
2.Nature of remittance is
Long term capital gain referred to in sec 214 Table in sl 2 or
Long Term Capital gain referred to in sec 214 Table 1
Pl guide
This Query has 5 replies
Subject: Guidance required on TDS under Section 195 for purchase of flat from NRI sellers
I am purchasing a residential flat in Kolkata from two NRI sellers (husband and wife), each holding a 50% share.
Details:
- Total sale consideration: ₹44,00,000
- Sellers purchased the flat in 2010 for approximately ₹25,00,000.
- Registration is planned for 29 July 2026.
- We (buyers) have already obtained TAN.
- I am purchasing the property with a home loan.
- The sellers have not provided any Lower/Nil TDS Certificate from the Income Tax Department.
I need guidance on the following:
1. How should TDS under Section 195 be calculated in this case?
2. Should TDS be deducted on the entire sale consideration or only on the estimated capital gains?
3. What TDS rate is applicable if the sellers do not provide a Lower/Nil Deduction Certificate?
4. Is surcharge and health & education cess applicable? If yes, how should the final TDS be computed?
5. Since there are two sellers with equal shares, should separate Form 27Q returns and separate Form 16A certificates be filed for each seller?
6. What documents should the buyer collect from the sellers to avoid any future tax liability?
7. Since a home loan is involved, what instructions should be given to the bank regarding release of the loan amount after deducting TDS?
8. Section 195 or Section 393 which one is applicable?
I would appreciate a detailed calculation and practical guidance to ensure full compliance.
This Query has 1 replies
Sir, what is BIS Certificate and how it can be received ?
This Query has 1 replies
IN WHICH SUB SCHEDULE UNDER CG SCHEDULE SHOULD I REPORT GOLD ETF STCG?
WHETHER STT PAID AND UNPAID, GOLD ETF GAINS SHOULD BE REPORTED AT SAME PLACE?
This Query has 2 replies
Dear Sir,
We have made a new TDS payment using Challan Code 1026 for Professional Fees deducted at 2%.
However, the current payment pertains to Royalty under Section 194J, where TDS has been deducted at 10%. We noticed that the challan is showing Code 1027.
Kindly confirm whether Challan Code 1027 is correct for this payment or if any correction is required.
Thank you
This Query has 1 replies
A TAX PAYER RECEIVED ADVANCE AGAINST SALE OF PROPERTY. THE BUYER DEDUCTED TDS THEREON. NOW DUE TO DISPUTE, THE SELLER IS REQUIRED TO REFUND THE NET AMOUNT PLUS TDS DEDUCTED. IS THERE ANY LIABILITY FOR THE SELLER TO DEDUCT TAX ON THIS REFUND AMOUNT?
This Query has 1 replies
I have received a lower deduction certificate under Section 197 of Income Tax Act specifying a TDS rate of 0.31%. The total sale consideration is ₹90 lakhs.
I’m confused about how to apply this rate:
Should I deduct TDS at the flat rate of 0.31% as mentioned in the certificate, or
Do I need to add surcharge and cess separately over and above this rate?
Also, one person suggested a split approach:
₹1 lakh already paid (ADVANCE) to be taxed at 12.5% + surcharge + cess, and
The remaining ₹89 lakhs at 0.31% + surcharge + cess
However, my understanding is that the rate mentioned in the certificate should be applied directly, without adding anything extra, as per Section 197.
Can someone please clarify the correct method and help compute the exact TDS amount?
This Query has 1 replies
Sir,
I took an advance of 25 lakh against sale of flat in FA 25 - 26. I used the amount to pay advance to buy a property in Same FA 25 -26. However sale of my flat is scheduled in current financial year.
Is there a tax implication and do I need to show in ITR.
Thanks!
This Query has 1 replies
Original residential property holder Father since 1991. (Market value not known for 1991) Property transferred to legal heirs on 07/02/2019. It was given for redevelopment on 25/11/2022.No financial consideration/monetary benefit since it is redevelopment. Occupation certificate received on 05/08/2025. 4.77% Part of the property (Carpet area) sold in March 2026.What is the Tax applicable for AY 2026-2027 for ITR2 form.
This Query has 3 replies
Builder has reduced the Total Consideration Value of the flat suddenly after some adjustment for GST. I have already paid FIVE instalment and deposited the TDS quoting old hire value in FORM 26QB. Can I just pay the balance as last instalment and TDS quoting new reduced value or I have to rectify all previous FORM 26QBs?
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
TDS _Long term Capital Gain ref.sec 214 Table 2