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This discussion clarifies the date to consider for sale registration and Tax Deducted at Source (TDS) when there's a gap between the initial agreement and the final sale deed. For unregistered agreements, the date of the sale deed (December 2022) and the higher property value at that time should be used for TDS calculations. TDS for NRI sellers is typically 20% plus surcharge and cess, and interest is not applicable if the sale deed date is used as the transaction date.

syed taherali

syed taherali (Querist)

20 December 2022 We have get in to agreement in March "21 and we are doing Sale registration in Dec"22.
Which date Value we have consider March'21 or Dec"22 and TDS how much owner are NRI

syed taherali

syed taherali (Querist)

20 December 2022 We have get in to agreement in March "21 and we are doing Sale registration in Dec"22. Which date Value we have consider March'21 or Dec"22 and TDS how much owner are NRI

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 December 2022 Whether any stamp duty was paid at the time of agreement?
Whether any advance was paid at that time (by banking Mode)?

syed taherali

syed taherali (Querist)

20 December 2022 at the time of Agreement We paid advance ( through Banking Mode )

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 December 2022 Consider Dec. 22 as sale date. TDS depends upon the period of holding of the property by seller.
If Long term deduct TDS at 20% +cess...

syed taherali

syed taherali (Querist)

20 December 2022 In this Case we case we can go with the ( Sec 50 C ) .

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 December 2022 Yes, seller being individual, sec. 50C of the act will be applicable.

syed taherali

syed taherali (Querist)

20 December 2022 YES SELLER IS INDIVIDUAL AND NRI PERSON

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 December 2022 So deduct TDS at 20%+surcharge+ cess as per value of the property

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syed taherali

syed taherali (Querist)

20 December 2022 Sir TDS Part OK 23 % all include with interest i will pay from date of Agreement Mar'21
But in Documents Which values we have to consider . For Exp :- at time agreement the value is 18200 on Mar'21 , But now the Value is 32200 in Dec '22 We are paying registration Charges on 32200/- Plz suggest sir

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 December 2022 As you are registering the sale deed at 32200/-, and as the agreement was not registered, you need to deduct TDS at 32200/- only. You may take the sale deed date as date of transaction, and need not pay interest.

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