Tds on sale of property?

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 May 2012 understand that if an assessed sells his property of a flat, the buyer pays TDS on behalf of seller say 20.6% and gives the seller the TDS receipt, can the seller get refund and if so what is the process and what are the conditions please likely sirs/madam

further is TDS necessary to be paid by buyer of property on behalf of seller.

if so, then several properties are sold and a lot of buyers do not pay TDS on behalf of seller, if this situation is wrong in law of taxation, then why alone the seller is penalized by tax authority?

If such situation arises can the tax authority can be biased against seller and penalize him or her?
If so under what sections of tax laws similarly if not under what sections?

Natural justice is based upon good conscience, equity principle.

If tax authority acts against natural justice, is he not liable under Art 14 of constitution?

Wnen an action is ultra vires constitution, can tax authority have a right to move arbitrarily? if so where is the exempting law in favor of tax authority

Can revenue argue revenue is the first charge on every one irrespective Natural justice principles?

Amol Gopal Kabra (CA,CS,DISA)

Amol Gopal Kabra (CA,CS,DISA) (Expert)
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07 May 2012 TDS provisions are not applicable for the sale of immovable properties.

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