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Tds on payment by non business individuals

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Gopi Krishnan C Nair

Gopi Krishnan C Nair (Querist)
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01 February 2016 An individual (not being a business man/ professional) sells his property and promises to pay certain amount of it to his legal advisor. Should TDS be deducted inorder to claim the amount as deduction while calculating capital gain?

praveen (Expert)
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01 February 2016 Not required. If you read the TDS section you can come across that the provisions are applicable only for the assessees who are covered under section 44AB. Since a non business person can never come under Section 44AB the TDS provisions wont be applicable. However, to claim deduction it is advisable that one receives a receipt from the lawyer with his PAN and payment in Cheque.

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