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Property sold to NRI by Resident

Yash Shah (CA Practice) (32 Points)

30 April 2020

what consequences if non-resident does not deduct TDS while purchasing property?

Is it compulsory to take PAN No for buying a property in India for TDS purpose? if not, then how would be TDS liability would be settled?

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queryinsta054@gmail.com (234 Points)
Replied 01 May 2020

If the non resident does not deduct tax while purchasing the property, then unless saved by proviso to sec 201(1), he will be considered u/s 201 as an assessee in default and interest @ 1% p.m. or part thereof will be levied from the date that the tax was deductible upto the date on which the tax is deducted.In addition, a penalty equal to the amount of tax not deducted may be levied u/s 271C for non deduction.Further penalty may also be levied u/s 221 for being an assesee in default at the option of the assessing officer .Vide section 139A(5)(c) read with Rule 114B, it is compulsory for any person to mention his PAN while purchasing immovable property whose value exceeds Rs.10 lacs.