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Query on TDS & Stamp Duty

TDS / TCS 338 views 1 replies

Hi All, 

Recently I have booked a residential plot in Bangalore.  

Total Value of the plot : Rs. 1,39,89,000

Builder is ready for getting it registered at Govt Guidance value which will be Rs. 82,50,000

I have been told that EStamp charges paid during the Sale Agreement can be deducted during the Sale deed registration from one of the sources.

Accordingly, I have took 2 estamp papers

1. Rs.41,250 (0.5%*82,50,000)

2. Rs.28,695 (0.5%*57,39,000)

such that the first one with Rs.41,250 can be used for deduction towards Stamp duty charges collected during Sale Deed

Agreement was made for a total value of Rs.1,39,89,000

Now my RM called up and mentioned that we cannot claim estamp deduction from Agreement as the amount in Sale Deed and Sale Agreement will be different. As per her, I need to pay stamp duty separately again during Sale Deed registration.

Could you please let me know if that's the case ?

Also, for TDS should that be 1% of Guidance value (82,50,000) or 1% of total value of the plot to builder(Rs.1,39,89,000) ?

Thanks

Suresh

 

Replies (1)

While Karnataka law allows adjusting the 0.5% stamp duty paid on an agreement against the final deed, the massive difference between your Agreement value and Registration value is a red flag for the Sub-Registrar. For TDS, you have no choice: law mandates paying 1% on the higher value, which in your case is the total transaction value of ₹1,39,89,000.


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