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SCOPE OF TDS

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(Querist)
22 May 2022 Sir,
A developer company purchases a 12 Bigha land, pays the land cost to the landowners & also pays some amount to the persons who occupy illegally in this land, Is any TDS deduction necessary for the payment made to those occupiers & if made in what section & rate?
Please reply urgently
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
22 May 2022 1% TDS applicable under section 194IA if the both the payment exceed 50 lacs.
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Dibyendu Majumder

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Dibyendu Majumder (Querist)
23 May 2022 But the occupiers are not the legal owner of that property, they are just trespassers Still TDS usv194IA is applicable?



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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
23 May 2022 Yes, TDS applicable and the entire amount will be considered as capital gains and taxable in their hands.

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