TDS Clarification

Hi,

As per Income Tax Act Sec 194LA TDS has to be deducted from the compensation given to the landowners whose lands were acquired by Government.  In the following circumstances the Land Acquisition Officer may not able to deduct the TDS.

1. When the case been referred to Court u/s.18 of Land Acquisition Act (When the landowner prefers to have Higher compensation)

2. When the case been referred to Court u/s.30 of Land Acquisition Act (When the LAO Could not able to decide the owners)

(While in the both cases above the payment is made in court as per the provisions of Sec.31 of Land Acquisiton Act)

Pls tell me how to handle the above situation with case precedence.

G.Satyanarayanan

Revenue Inspector

Replies (2)

 

Well TDS have to deduct on Compensation amount but I don’t think if you don’t deduct tds on it than there will be any penalty of default because revenue is going in government A/c.

The compensation amount will be given by government to the land/plot owners hence as per IT Act we are deducting the TDS promptly and giving Form-16A to the land/plot owners.  But in case of Court deposits we may not be in position to deduct the TDS.  So what procedure should be followed in the case of court deposits of compensation. 

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