Fact of case 1. Mr Ravi transfer property (land) situated in India for ₹76 lacs and Mr Ravi is non resident for AY 2021-22 . Above mentioned property transfer to Mr suraj.Is Mr suraj liable to deduct tds ? will your response vary if Mr Ravi was resident.
Sec 194 ia applicable for resident transferor ....here transferor is non resident ,so his income accrue & received in India as per sec 5 ,here sec 195 will applicable for TDS purpose
Any person, being a transferee, responsible for paying to a resident transferor(if ravi is resident) any sum by way of consideration for transfer of any immovable property (other than agricultural land), shall, at the time of credit of such sum to the account of the transferor or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to one per cent of such sum as income tax thereon.
sec 195 applied for any sum which is chargeable to tax under the act is payable to non resident(if Ravi is non resident) then TDS has to deduct.
For residential property TDS of 30%+cess is applicable in above case. Or else NRI has to get fresh TDS deduction certificate from NRI Income tax office of the place where his property is located by giving capital gain details etc
When an NRI sells property, the buyer is liable to deduct TDS @ 20%. In case the property has been sold before 2 years(reduced from the date of purchase) a TDS of 30% shall be applicable.