Query on cheque issue to a Payee or Bearer

Hi Sir

I am a buyer doing a property transaction and the seller asked me to issue a cheque on his name keeping the bearer option. He said he would like to withdraw money. 

We have decided to go with 3 separate cheques of 4L, 4L, 3L rupees

Now, the question is, will there be any TDS deducted from my side.

Also, how the payee spends the withdrawn cash, is it traceable or not is his onus correct

Replies (8)
Quick Summary
This discussion clarifies concerns about issuing bearer cheques for property transactions. It explains that TDS is generally not applicable on property sales up to ₹10 lakhs, and for sales above that, TDS liability arises if the property cost exceeds ₹50 lakhs. While the source of funds up to ₹10 lakhs may not be traced by the department, the banking system can trace larger amounts. The buyer is advised that issuing a bearer cheque to a seller for ₹2 lakhs or more is not recommended due to Section 269SS.

You may issue bearer cheque on sale of immovable property.. 

There is no tds implications on sale of immovable property of upto rs. 10 lakhs

 

The money recd from you would be traced back by the banking system if proper investigation gets carried out.... But it bring no onus on you

Sir, I did not receive any money from the seller, I am giving money to the seller. 

And the money am I sending is proper, accountable received from proper sources like employer after TDS deductions

 

Originally posted by : futureplanner
Sir, I did not receive any money from the seller, I am giving money to the seller. 

And the money am I sending is proper, accountable received from proper sources like employer after TDS deductions

 

The source of money upto 10 lakh would not be traced by the department. 

And there is no tds implications on purchase or sale of property amounting to rs. 10 lakh

I mean there is no tds liablity upto 50 lakhs... Ucan issue issue bearer chq to ur seller

TDS liability arises only when cost of property is 50lac or more .Secondly bearer cheque should not be issued to seller of property for 2lac and more in any way because of section 269.

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