A query regarding Tax Deducted at Source (TDS) when purchasing a residential property through a foreign bank auction under the SARFAESI Act. The buyer paid the full amount without deducting TDS, but the foreign bank, which is a non-resident, presented an exemption certificate under Section 195(3) of the Income Tax Act. Advice confirms that if the recipient (the foreign bank) holds a valid 195(3) certificate, TDS deduction is not required.
16 June 2025
I have purchased a residential property through a foreign bank auction( NPA)SARFAESI Act. I have not deducted TDS % and paid full amount to the bank . I have requestd the bank to refund the TDS amount to deposit to the Income tax department. The foreign bank is saying that they have an exemptions certificate U/S 195(3) of IT Act and they have given the certificate. I understood that the 195(3) is for NRIs. Here the original owner is resident indian. Kindly advice
17 June 2025
The person receiving the payment is a foreign bank, non resident and having 195(3) certificate. You can depend on the certificate and no need to deduct TDS.