06 June 2013
The TDS implications under section 194IA in each of the below cases may please be clarified.
1. Agreement of sale is entered before 01-Jun-2013 for Rs. 60 lakhs and advance as a part consideration was paid for Rs. 20 lakhs before 01-Jun-2013 and balance consideration of Rs. 40 lakhs was paid in Jun-2013.
2. Agreement of sale is entered before 01-Jun-2013 for Rs. 60 lakhs and advance as a part consideration was paid for Rs. 5 lakhs before 01-Jun-2013 and balance consideration of Rs. 55 lakhs was paid in Jun-2013.
3. Agreement of sale is entered before 01-Jun-2013 for Rs. 60 lakhs and entire consideration was paid after 01-Jun-2013.
4. Agreement of sale is entered after 01-Jun-2013 for Rs. 60 lakhs and advance as a part consideration was paid for Rs. 50 lakhs before 01-Jun-2013 and balance consideration of Rs. 10 lakhs was paid in Jun-2013.
06 June 2013
For issues covered under clauses 1,2 and 3, provisions of section 194IA does not apply since amount of Rs. 60 lacks is credited in vendor's account before 1/6/2013.
For the issue as in clause 4, again section does not attract since Rs. 50 lacks is paid to the vendor before 1/06/2013.