TDS short deduction notice.

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
Replies (9)
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.

U have deducted tax under which section?

Tds deducted us 195 @ 23.92%

Write a letter to the cpc with a copy to jurisdictional TDS officer, asking them to rectify this mistake.

We already wrote to tds cpc. Reply of cpc is attached 

Unable to open this file

To TDS CPC, we have previously written. The cpc response is attached. 

candy clicker

Since payment is above 5 crores, the surcharge  that is applied may have been 25%. I think the difference is due to this reason only . 

But sir in case of capital gain maximum surcharge is capped at 15%

You can write to them accordingly . If you apply 25% the amount comes to what they are seeking so the difference may be on this account

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