Finance Compliance Consultant
852 Points
Posted on 28 April 2026
In my view, this should not be treated as two sellers with 65% and 35% share merely because the builder’s PAN changed after 65% payment.
For TDS purposes, reporting should be based on the actual PAN/entity to whom the payment was made or credited. Payments made before the change should be reported under the old PAN, and payments made after the change should be reported under the new PAN/company, provided the builder has legally communicated/confirmed the change.
The 65:35 ratio should not be shown as seller-wise ownership share unless both entities are actually co-sellers in the agreement or transfer documents. If it is only a change/conversion/restructuring of the builder entity, then obtain written confirmation from the builder, revised demand letter, PAN details, and preferably a declaration/novation or clarification letter, and file TDS accordingly.
Also, ensure that TDS already deposited under the old/new PAN matches the respective payment and credit records, because mismatch may later create difficulty in Form 26AS/AIS or builder reconciliation.