Dear friend,
1) If you do not deduct the TDS on a particular tansaction on which you are liable to deduct TDS under the Act, then you will be liable for penalty & interest for non deposit and non filing of quarterly TDS returns under TDS provisions. Hence, please comply TDS provisions in time to avoid penalty & interest.
2) I do not think that, there will be any change in the treatment of capital gain for non deduction of TDS.
howere, I request you to kinldy e-mail, what is the actulal asset in questtion, to enable me to clarify in detail.
My e-mail id - m.chanageri @ yahoo.com
Thanks & Regards,
MANJUNATH