TDS deducted by buyer of property but seller refused to deduct TDS from sale amount

Hi,

I have bought a property in March this year and on the date of purchase the seller threw a surprise that I have to pay TDS and the full sale amount (without deducting TDS). He claims that he will not claim TDS refund and was ready to give it as affidavit. Also since a lot of time and money had already spent I could not back out last minute.  So I paid the TDS + full sale amount and bought the property. The seller (actually sellers) also gave an affidavit that they will not claim the TDS refund and will share the ITR return filed.

  1. Now how do I know if sellers has claimed the refund ?
  2. Will that affidavit stand in court?
  3. Seller is asking for sale deed agreement. I think they need it for proof to submit to IT dept for refund claim (just my hunch), can I deny it and ask them to first show me their ITR return filed.

Please advise 

Replies (5)
Quick Summary
A property buyer is seeking advice after the seller refused to deduct TDS from the sale amount, insisting the buyer pay the full price plus TDS separately. The seller provided an affidavit stating they wouldn't claim a refund, but the buyer is now concerned about verifying this and protecting themselves. They are asking if there's a way to check if the seller has claimed the TDS refund and if the affidavit holds any legal weight.

This is completely wrong practise, just ask the seller to claim refund and pay back the amount to you. For detailed information contact me, I am inboxing you my contact details
@ Rashmi mam " Namasthey" I have some queries in your inbox.... Thanking you 🙏

Thanks @ Rashmi Gandhi madam, I understand this is wrong. But to catch him  or rather verify if he has actually made a refund claim is what I am checking. Is there any form (form 26 etc) which tells the buyer that a refund claim has been made? Sorry for my ignorance

Also the affidavit that I possess will it help me?

No affidavit will of no use or you can check whether he claim refund or not only through ITR copy

I believe even if he doesn't claim a refund it will offset his future tax payable. It's like he has got a free tax credit in his account. 

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