Sec. 43ca

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 August 2015 Dear Sir,

Sec 43ca is applicable on Transferable Development Rights (TDR)

26 August 2015 TDR is not covered. 43CA deals with land or building or both.

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 August 2015 Thanks for your reply

Whether there is any recent case law
and further 194IA is applicable ?

26 August 2015 case laws are available for 50C. The same may be used for 43 CA ( Because the wording is same...50C is for Capital Asset and 43CA is for non capital asset)

194IA : TDS is always considered to VICARIOUS liability. It is, therefore, better to deduct tax u/s 194IA, else the traqnsferor should be asked to go to ITO and ask for exemption. No need to take the RISK by the purchaser.

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 August 2015 OK as a Builder developer 43CA is not applicable to TDR sale as this section mentions land and building or both


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