TDS on SALE of RESIDENTIAL FLAT BY NRI

V Ishu Hegde (CA Practice ) (47 Points)

05 April 2010  

 X AND YJOINTLY OWN A RESIDENTIAL PROPERTY  FOR WHICH THEY HAVE RECD AN OFFER OF PURCHASE BY A BUILDER . X IS A  NRI  AND Y IS A AMERICAN CITIZEN OF INDIAN ORIGIN

THE BUILDER HAS SAID THAT HE SHALL DEDUCT TDS U/S 197 OF THE IT ACT WHILE MAKING PAYMENT ON THE GROSS AMT PAID

THEQUERY IS THE  XAND Y HAVE DECIDED TO INVEST THE AMOUNT OF CAPITAL GAINS IN RESIDENTIAL PROPERTY

X PROPERTYSHAL PURCHASE IN INDIA AND Y PROPERTY IN USA

 WHETHER THEY BOTH SHALL BE EXEMPT FROM CAPITAL GAINS TAX?

WHAT ARE THE REQUIREMENTS TO BE FOLLWED SO NO TDS IS DEDUCTED BY THE BUILDER AND FROM WHOM THE EXEMPTION  FROM TDS  CERTIFICATE IS TO BE TAKEN FROM?.

STATE REFERENCE AND CLAUSES OR WHERE FURTHER EXPLN FOR THE QUERY CANBE TAKEN FROM