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Varun (Proressional)     24 September 2021

TDS return on NRI property

I bought an immovable property from an NRI seller for consideration more than 50 lacs. TDS @ 22.88% was deducted and deposited on 25-March-2021. Sale deed was signed and executed registrar's office on 29-March-2021. However, due to second wave of covid pandemic, there was some administrative delay in registering the property. Finally, registration was done on 11-May-2021. Index-2 copy shows sale deed sign date as 29-March-2021 and registration date as 11-May-2021. My questions are:

1. TDS was deducted and deposited in FY 2020-21. Property registration completed in FY 2021-22. So under which assessment year, should TDS return be filed?
2. For TDS return filing, what date is taken into consideration? The date on which sale deed was executed or the date on which the registration was completed by the registrar?

 2 Replies

Dhirajlal Rambhia

Dhirajlal Rambhia (SEO Sai Gr. Hosp.)     24 September 2021

1. Q4; FY 2020-21.

2. Date Executed.

kanagarajan subramaniam

kanagarajan subramaniam (B.Com)     24 September 2021

Since the seller has executed the saledeed in 2020-21 (Q4 FY2020-21) and TDS also deposited, even though the formal registration was completed in May '21, capital gain tax return is for FY 2020-21  only.

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