Builder not accepting for tds for sale above rs50

TDS 192 views 1 replies

Hi, I am in a process of registering a new flat worth ~Rs57.21L, ( bank housing loan) so as per sec 194IA I deduct ~Rs57K and file TDS and paid only Rs56.64L to the builder along with the TDS challan of Rs58K. Sale deed has clearly stated about the TDS challan stuff. i.e Rs57.21L paid to builder and Rs57K paid as TDS with challan number. 

BUT the builder says that just like service Tax and VAT, i need to pay this TDS and he wants the whole amount of Rs58L irrespective of TDS. He acts ignorant about this TDS thing and trying to milk money irrespective of my efforts to make him aware of the rule.

He says that he pays TAX as a whole for 200 over flat ( his project ) and that my TDS challan is of no use to him for any refund or tas filing. He refrain from registering the flat unless he gets the ~Rs57K/- 

Question : So what is that i can do to protect myself from losing Rs57K. Any procedure and guidance will he really helpful.

Replies (1)

Provide him TDS certificate in Form 16B downloaded from TRACES and ask him to verify it from his Form 26 AS. He can be convinced by this that he can claim yes in his itr. If he doesn't agree with this then get a talk between your CA and his CA. Even if this doesn't work write to ito with request to instruct him in this regard.


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