assessee has purchased a property from NRI of 6 cr & deducts a tds @ 23.92% I. e. Rs. 14352000. however Cpc calculates a tds of Rs. 15600000 & sends the assessee a short deduction notice of Rs. 12.48 lacs. Assessee write a mail to tds cpc. where they replied that nature of remittance mentioned in statement is not covered under DTAA hence short deduction default has been raised. you are requested to pay the demand. Is this reply correct? we have deducted a tds as per income tax Act & not as per DTAA. please reply
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Quick Summary
An assessee purchased a property from an NRI for ₹6 crore and deducted TDS at 23.92%. However, the CPC calculated a higher TDS and issued a short deduction notice. The CPC stated the remittance nature wasn't covered under DTAA. The assessee argues they deducted TDS as per the Income Tax Act, not DTAA, and seeks clarification on whether the CPC's reply is correct, especially considering potential surcharge implications for payments over ₹5 crore.