Tds deducted from nri

Amanjot Kaur (CA -Practice) (66 Points)

09 December 2011  

One NRI Mr. A is selling his Immovable properties to Mr. B and Mr. C and the registration deeds will be signed in March 2012 and June 2012 respectively. Both the buyers are going to deduct TDS @ 30% on the entire sale consideration. Please guide me-

  1. That they are right in deducting TDS @ 30% on the Sale Consideration or should deduct on Capital Gain.
  2. That the seller Mr. A will be suffering long term Capital Loss in the both the deals.
  3. The procedure for obtaining No TDS deduction certificate from Income Tax department whether to apply in Form 13 or in Form 15D.
  4. Where to apply for Non TDS Deduction Certificate – whether to Assessing Officer having jurisdiction or to ITO (TDS).

URGENT.