1 Points
Joined April 2016
Hi
I bought a property for a consideration of 69,00,000/- (sixty nine lakhs) in Dec 2013. I paid the whole amount to the seller without deducting the TDS of 1% (i.e. 69,000/-). It has been more than 2 years now. Today, I have contacted the seller regarding the same, he said he shall check and get back to me.
Now I am aware there is a huge penalty for delay in payment of TDS. But does the penalty still apply if the TDS has not been deducted as in my case? (As the penalty applies only if the tax hasn't been paid even after deduction) If yes, is there a different penalty for this or is it same at regular rate of 200 per day + 1.5% per month?
And in case the seller refuses to pay me the 69,000/- TDS, what can be a possible course of action for me?
- Do I pay the TDS money and the penalty myself?
- Is the seller liable to pay the TDS only, or TDS and penalty as well?
- Am I supposed to take a legal recourse?
Kindly suggest a solution. Thanks a lot.