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case study

CA Final 188 views 1 replies
I have one case in which I need your help.
           1 agricultural land( situated in rural area) purchased by 'A' at 1,10,00,000/-.For the payment he cut the TDS 10% by mistake and in month of march end deposit it. Before sale the land, it  owned by four person named 'B', 'C', 'D', 'E'.(sold on 16/03/2018)

'B', 'C' & 'D' has no any income and not filled income tax return any time before.but 'E' has doing ' vegetables Trading' and last year filled income tax return as 44AD.(1,67,000).

I have query about can I get return back TDS (B,C,D,E). If possible then which ITR form should be filled (ITR-1,2,4). Now capital gain become applicable due to cut TDS on land sale?
              Please give me suggestions sir.
Replies (1)

A, B & C can file ITR 2; while D can file ITR 4........ Declare the sale under Exempt income......... & Claim refund.........

Query may be raised, but it can be easily solved, as the land sold is Rural Agricultural Land.

By the way [1% or 10%] TDS not deducted over sale transaction of RURAl Agri land.


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