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PRASHANT (Querist)
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06 February 2016 i m purchasing plot from NRI.....my querry is that at what rate shud i deduct TDS.....n also want to know related things about it....thanks in advance

KAVIRAJA ADDANGADI

KAVIRAJA ADDANGADI (Expert)
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06 February 2016

Any person, being a transferee, responsible for paying (other than the person referred to in section 194LA) to a resident transferor any sum by way of consideration for transfer of any immovable property (other than agricultural land), shall, at the time of credit of such sum to the account of the transferor or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to one per cent of such sum as income-tax thereon.

When a Non-resident sells an Immovable property in India, Capital gains income may accrue on such sale to the Non-resident which is chargeable to tax in India. Therefore, the consideration from sale of property in India by a non-resident is chargeable to tax in India and is covered by Section 195 and therefore tax has to be deducted at the time of payment of such consideration

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