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Query on form 26QB and TDS deduction

TDS 442 views 3 replies

Hi Experts,

I am filing Form 26QB for a property purchase. The total sale consideration is ₹80 lakhs. I have a few queries regarding TDS compliance:

1. Since this property was purchased through a government auction, there is no Aadhar no received from department side, is it mandatory to mention the seller’s Aadhaar number while filing Form 26QB?

2. The agreement was executed in November 2025, and so far I have paid ₹35 lakhs to the seller without deducting TDS.
what will be late fees, interest and penalties need to pay now?

3. Please advise how I can minimize or avoid late fees, interest, or penalties for the delay in depositing TDS on the amount already paid.

Regards / Sravan

Replies (3)
Quick Summary
For Form 26QB in govt auction: seller PAN is sufficient (no Aadhaar needed). TDS @1% must be deducted on each payment. Delay attracts 1% monthly interest and late fee. Pay dues and file quickly to avoid penalties u/s 271H.

1) pan of seller is necessary

2) Address of property  Date of auction

3) TDS 1 % on each installment 

4)  penalty will be auto calculated 

In government auction cases:

    • Seller is usually Government / Authority / Bank / Recovery Officer
    • They provide only PAN
    • Aadhaar is not applicable

So you can proceed with PAN only.

 Deposit:

  • TDS = ₹35,000
  • Interest (calculate exactly)

In your case:
You did NOT deduct at time of payment.

So interest = 1% per month
From date of payment till date of deduction.

  • Late fee auto-calculated in portal
  • Faster you pay → less late fee.

File 26QB Immediately

System auto calculates 234E.
No way to waive through portal.

 

Penalty Avoidance Strategy

Penalty u/s 271H can be avoided if:

  1. You pay:
    • TDS
    • Interest
    • Late fee
  2. File within 1 year of due date

Then normally no penalty notice.

 

Future Installments

For remaining ₹45 lakh: Deduct TDS at time of each payment.

 

TDS on property is calculated on the actual sale consideration paid (not the stamp duty value), and the rate is 1% under Section 194-IA. You deduct and deposit TDS each time you make a payment, not just at the end. If you pay in installments, each installment needs a separate Form 26QB within 30 days from month-end. The limit of Rs. 50 lakh is on the total sale value, so even if you pay less than Rs. 50 lakh in an installment, TDS still applies if the total deal is above that threshold.

Detailed guide: https://taxgarden.in/blog/tds-on-property-purchase-section-194-ia-form-26qb-india


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