Tds deduction


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Querist : Anonymous

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Querist : Anonymous (Querist)
29 December 2014 TDS u/s 194IA
1% on transfer of immovable properties if payment in excess of Rs.50,00,000

My query is whether TDS is deductible if
Sale consideration is 54,89,923.00
(Rs.4886012+Service tax 603911)

i think TDS is not deductible because service tax is not income of seller so payment is less than 50 lakh

29 December 2014 Tds is not applicable on Service tax amount as per circular no 1/2014 as duly issued by cbdt.

Hence if service tax amount is excluded then the sale consideration is below 50Lkahs as required for dedcuting tds u/s 194IA so in my view no tds is deductible.

Rupesh Jain (Expert)
29 December 2014 TDS NOT INCLUDE FOR TDS.
BUT IF THE SALES PRICE5 5489233/- WRITE IN SALES DEED THEN YOU HAVE TO DEDUCT THE TDS OTHERWISE REGISTRING AUTHORITY NOT REGISTER THE PROPERTY IN BUYER NAME.


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