Refund of TDS for property under joint development in the year of transfer.

My uncle is has entered into a joint development agreement with a builder where in he receive Rs. 8,00,000 from the builder during F.Y 2019-20 as cash and will receive 4 flats the estimated date of completion is during F.Y 2021-22. The builder has deducted TDS @ 10% on the cash payment. Now since the incidence of tax will be during F.Y 2021-22 can I claim refund of TDS deducted during F.Y 2019-20.

Replies (9)
Quick Summary
This discussion addresses the refund of TDS deducted on cash received from a builder under a joint development agreement. The consensus is that TDS deducted in the year of the agreement (FY 2019-20) cannot be claimed as a refund immediately. Instead, it should be carried forward to the financial year of project completion (FY 2021-22) when the tax liability arises. The conversation also touches upon the relevant ITR form (ITR-2) and the calculation period for Section 54EC investments.

No.

The TDS gets carried forward till the year of completion of the project.

Can you please help regarding the investment U/S 54EC time of 6 months to be calculation from the date omn JDA agreement of the date on which completion certificate are issued ??

From the date of completion certificate....

Thankx a lot Sir. Can you please guide as regards to current financial year which ITR form needs to be used ? He doesn't have any other source of Income.

Though not declared till date, but ITR 2 should be appropriate.

Thanks a lot sir for your guidance.

The TDS credit will reflect in your current 26AS but you have to carry forward it to FY 2021-22 when the project will be completed. 

 

Thankx for your reply. Can you plz guide which ITR will be appropriate ?

Tds is applicable on Money part only and not consideration received in KIND 

Shown in 26AS as TDS u/s 194 IC @ 10 % 

ITR  2 is appropriate 

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