Tds on sale of immovable property

TDS 186 views 2 replies

Dear All, I have a query on TDS on Sale of Immovable Property. One of our client deducted TDS on payment of considertion to the seller and remitted the same to IT Department and filed the form 26QB. However, thereafter the deal did not went through and the sale transaction is called of. Now the buyer want to claim back the TDS amount. Seller is not co-operating for the same. In this back ground can any one detail the procedure to be followed to claim back the TDS amount from the Income Tax Department.

Thanks and Regards,

Vamshi.

Replies (2)
I also want to ask the same question???

" In this back ground can any one detail the procedure to be followed to claim back the TDS amount from the Income Tax Department?"

Yes,  As Inserted by the Income-tax (Eleventh Amendment) Rules, 2017, w.e.f. 5-6-2017. Deductor can file application with TRACES under Form 26B for refund of the excess TDS deducted.

Notification: 

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)

Notification No. 45/2017

New Delhi, the 5th June, 2017

 

G.S.R. 554(E).—In exercise of powers conferred by section 295 of the Income Tax Act, 1961 (43 of 1961) (hereinafter referred to as the ‘Act’), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962,

1. (1) These rules may be called the Income-tax (11th Amendment) Rules, 2017.

(2) They shall come into force on the date of their publication in the official Gazette.

2. In the Income Tax Rules, 1962 (hereinafter referred to as the principal rules), in rule 31A, in sub-rule (3A), after the words “under digital signature”, the words “or verified through an electronic process” shall be inserted.

3. In the principal rules, in Form No. 26B, at the end of the form, the following shall be inserted, namely:-

Notes: In case of refund related to tax deducted under section 194-IA of the Act for which Form No. 26QB has been filed by the deductor,-

(a) Permanent Account Number may be furnished in place of Tax Deduction and Collection Account Number;

(b) in column II, in sub-column (5) relating to the ‘period’, may be left blank;

(c) in column II, in sub-column (7) relating to the ‘Receipt number of relevant statement’, furnish acknowledgement number of Form No. 26QB.

[Notification no. 45/2017/ F. No. 370142/39/2016-TPL] PITAMBAR DAS, Director TPL


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