Tds deduction on purchase of immovable property.

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 February 2014 Dear sir 
my query is as follows 
Mrs A is wife of A both are residents of India. A residential plot is held by Mrs A and Mr A in their joint names.The source of funds of acquisition of plot is from A. Mrs A is a house wife and has no income though she has a PAN number. The title deed of the plot mention that the plot is held by Mrs A and Mr A jointly though no share of each person is specified. Mr A  now intends to sell the immovable property and shall offer the capital gains as his income as the source of funds for the purchase of the plot was solely his own contribution .PLease explain the deduction of tds by the purchaser when he makes the payment on purchase of immovable property.  The buyer intends to deduct tds equally to the credit of Mrs A and Mr A individually. Can Mr A insist that entire  tds be deducted only to his credit since he has to offer the entire sum of gains as capital gains in his return of income ? How shall Mr A take the credit of tds deducted on the account of Mrs A if the buyer does deduct tds to the account of Mrs A
please advise
regards
ajay

22 February 2014 yes Mr A can request the deductor to deduct the whole of the TDS against his PAN. Please refer rule 37BA(2)


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