Income Tax CG

This query is : Resolved

Komal (Querist)
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09 July 2025 Case:-

A property has been sold in the name of 3 persons (i.e. registry in the name of three persons equally) but the TDS on the sale of said property has only been deducted on only one of the above 3 persons.

Query:-

1. My query is that whether I have to show the capital gain arising out of the sale of the said property in the ITR of all the 3 persons or whether I should show only in the ITR of the person in whom TDS is deducted ?

2. Whether it will be appropriate to file the entire sales consideration & claim the total TDS deducted in the ITR of only one person in whom TDS is deducted ?
It is also noted here that if I do not show the entire amount of sales consideration in the ITR of the person in whom entire TDS is deducted then I can not claim the amount of entire TDS deducted in that one person ?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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10 July 2025 The TDS should have been deducted over the payment to all three sellers.
1. TDS & the sell transaction should be declared in all three ITRs.
2. The TDS can be distributed in another PAN by rectifying the column in Schedule TDS2.

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