Tds obligation - third party buyer in a jda


This query is : Resolved 

30 September 2017 Hi Everyone,

I have a doubt with regards to S. 194-IA.
My client is planning to buy a house property from the builder which is more than Rs. 50L. The builder is giving 2 contracts -
1. For the transfer of land which belongs to the landowner (as a part of JDA) and
2. For the construction of the flat

The builder says that TDS is required to be deducted only on the land value and no TDS on the construction value.

Is this correct? Will the construction amount to S. 194C rather than S. 194-IA?

01 October 2017 This is not correct. For deduction under Sec 194IA, there is no concept of UDS or construction cost or underconstruction flat. The TDS needs to be deducted on the amount you are going to pay to the developer/builder for the flat as per the agreement.



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