NRI not agreeing to TDS deduction for Sale of House

TDS / TCS 303 views 2 replies

I am in discussions with a NRI for purchase of his house. I have also paid him an advance through cheque. Now he is not agreeing for the TDS deduction. Canceling the transaction will be loss for me because the MOU states that whoever cancels has to compensate the other with an agreed amount and also pay the brokerage. The NRI is also not willing to get the lower tax deduction certificate.

Is there some legal action I can take?

Replies (2)
You have to deduct tds u/s 195 @ 20% otherwise penalty will be imposed u/s 234E for 200 rupees per day or 1% per month
Explain the NRI that income raise on sale of Capital asset located in India is taxable in his hand thus it is mandatory to deduct TDS.


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