buyer has made the default in deducting the TDS u/s 194IA for FY 2013-14 however, Seller has paid the tax i.(capital gain) etc
Kindly advice now what buyer should do ??
he cannot now deduct tds (cannot collect the amount of tax from seller) & if buyer will pay from his pocket then there will be double taxation of same transaction...
Note : buyer has received the notice on 4-3-16 for default made u/s 194IA. from IT department having sub of "Calling for info. regarding investment in immovable property" & gave time limit of only 10days to make the default good...
kindly advice what should be done ???
Sir,
I have following incomes in A.Y.13-14.
1.Selling of shares-Long term
2.Commision on which TDS Deducted
So please tell me which ITR Form is applicable to me & how to show capital gain in ITR.
Thnaks..
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RELEVANT FACTS OF THE CASE
An Individual got a Plot of Land allotted in his name from HUDA in Haryana in F.Y 1991-92 at the allotment cost of Rs. 175,000/- ,which were duly paid in full via instalments each year till F.Y 1998-99 and got the possession in F.Y 2000-01.
In F.Y 2009-10, Individual transferred the said plot of land via family transfer permission under HUDA and the said plot of land was re-allotted in his wife’s name via conveyance deed registered at transfer value of Rs. 201,000/- and Rs. 6,000/- was paid as registration fees. However, in actual, no consideration was paid for the above transfer and now, wife wants to sell this plot of land in F.Y 2015-16.
QUERY
I would like to know your suggestions on the following below mentioned points:-
a) Whether the above transfer between husband and wife be termed as exempt transfer (gift of immovable property) u/s 56(2)(vii) ?
b) Whether, wife can claim Cost of indexation as per section 49(1) and period of holding as per section 2(42A) of the said plot of land?
c) Whether, clubbing provisions will apply in above case in above case of transfer of land for inadequate consideration ?
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Tds u/s 194 ia default