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Sec 194IA
whether TDS is required to be deducted in case the purchser is receiving the land as stock in trade and not as a capital asset
Replies (2)
As per Sec.194IA, TDS would be deducted if the value of the land exceeds Rs.50 Lakhs, nowhere it is mentioned that it would be applied if the transferee's intention to treat it as Capital Asset. So, it is implied that TDS shall be deducted if the value exceeds the above limit irrespective of the intention of the buyer.
This is totally my opinion, if anyone wants to add something new, always welcome.
yes you have to deduct TDS whether you have purchased immovable property as stock in trade or capital asset.
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