TDS on TDR Purchase

Whether TDS would be deductible on purchase of Transferable Development Rights (TDR)?

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Quick Summary
This discussion clarifies whether Tax Deducted at Source (TDS) is applicable when purchasing Transferable Development Rights (TDR). It explains that TDS is indeed deductible at 10% under Section 194IC of the Income Tax Act, specifically for the 'transfer of development right'. This applies when land or building owners permit another party to develop their property in exchange for a share of the developed project.

TDS is applicable on 'transfer of development right' @ 10% per section 194IC.

Dear Sir,

194IC covers the specified agreement [section 45)5A)] wherein person owning the land or building or both allows another person to develop in consideration of a share in developed project. 

Whether TDS would be applicable on sale of TDR certificate? 

 

Transferable Development Rights - a technique of land development. TDR is a technique of land development, which separates the development potential of a particular parcel of land from it and allows its use elsewhere within the defined zones of the city. 

Sale of TDR is considered as sale of development rights.

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