Have not deposited TDS on under construction property

I booked an under-construction flat in February 2022. Total cost of flat including GST is 1.14 Cr. I paid the 10L in February 2022, 10L in March 2022 and 12L in May 2022. I paid 40L in September 2023. I was not aware of TDS law and did not deposit/deduct any TDS so far. 

Please guide me on the next steps on this. 

Should I submit a challan for each instalment or one consolidated challan ? Will there be penalties involved ?

I spoke to builder and he said TDS 1% would be shown during last installment. 

 

 

 

Replies (3)
Quick Summary
This discussion addresses a buyer who failed to deduct and deposit TDS on payments made for an under-construction property. The buyer is seeking guidance on the correct procedure, including whether to file individual challans for each instalment or a consolidated one, and the potential for penalties. Advice suggests that TDS should have been deducted at the time of payment, with a 1% interest penalty for delays, and that separate challans (26QB) are required for each payment.

No provision is there that booking of property entails paying tds

You have to deduct and pay 1% TDS at the time of payment made to builder otherwise 1% interest per month applicable. Separate challans (26QB) for each payment has to be filed.

For more details- https://incometaxindia.gov.in/Charts%20%20Tables/TDS%20Purchase%20of%20Immovable%20property.htm

Thank you for the insight, Suresh. Is there any way of deducting the Previous and Current installment TDS in the same payment/ challan?

For example-1st Installment paid in Sep-23 was 10Lac and 2nd paid on 25/Dec/23 is 10Lac. Can I merge the two installments of 10+10=20Lac for deducting the previous and current TDS?

Please guide, thank you!

 

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