Tds on property purchase from nri

Actually i had a client (buyer) who has been served a notice from IT dept for non deduction of TDS for purchasing a property from NRI.
In the registry documents there is a form 60 signed by him mentioning he is not an assessee.
He didnt have PAN then, but this year he got his PAN. from sources we came to know that he has not filed IT return for that financial year.
Does this declaration form can be useful for purchaser to make a plea to the IT dept that the seller has declared that he is not an assesse for this property for this sale proceeds.
The whole question revolves around how to save purchaser?
If he had paid tax........Probably not
If he can be persuaded to pay tax?
Can he brought under the IT scanner?

warm regards

 

Replies (2)

Rajeev,

 

From your query it seems that you are clear with options also, I shall also advice you to persuade the seller to file the return and pay the due taxes so that your client does not end paying the same along with penalties.

 

 

Anuj

femaquery @ gmail.com

Originally posted by : CA. Anuj Gupta


Rajeev,

 

From your query it seems that you are clear with options also, I shall also advice you to persuade the buyer to file the return and pay the due taxes so that your client does not end paying the same along with penalties.

 

 

Anuj

femaquery @ gmail.com

Dear Anuj ,

Thanks for replying to the query.

My client is a buyer, and I intend to save him from paying taxes which were otherwise due to be paid by NRI (seller).

In that case, what should be our best option or help me in drawing an algorithm on how to pursue the case?

Regards

 


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