Tds on immovable property

366 views 5 replies
I had purchased a flat and sale agreement was done of rs 49.5lakhs. Which means i had paid rs 49.5 lakhs to the seller. But market value (ready rekoner rate) of that flat was rs 52 lakhs. So do i have to pay tds? Is tds calculated on market value of property or the actual amount which the buyer pays to seller?
Replies (5)
Sec.194IA talks about deduction of tax at source on transfer of an immovable property in case the total amount of consideration for transfer exceeds Rs.50 lakhs.
Section does not mention anything about market value.
The threshold limit is calculated as per the valuation charged for calculqting stamp duty by the registrar. So if the registrar values the flat at more than 50 L say 55 L then this value will be mentioned in rhe registered deed and stamp duty and tds will be calculated on 55L irrespective of what you pay. In somple words purchase price or government market value whichevwr is hiher will be considered for all income tax purpoaes. So check the valuation and then 1% will be deducted and deposited on each instalment payment without having a TAN.
Under section 194IA, Tax should be deducted at the rate of 1% by the purchaser of the property on the value of the consideration received on transfer of immovable property.
The concept of adopting Guideline value as deemed sales consideration given in section 50C does not apply to tds provisions under section 194IA. As per my knowledge no case laws have been decided on this matter also there is no clarification from department too. Hence assessee will get the benefit of lacuna. I invite other senior members to enlighten our knowledge if I am wrong.
TDS CALCULATE ON ACTUAL VALUE WHICH IS YOU HAVE PAID TO SELLER

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details