TDS to be recovered on Sale of Property

I bought a property in 2013 for 2.2crores. Now, the real estate prices have crashed and I am selling in the financial year 2021-2022 at 1.7crores which is at a loss of 50lacs before applying indexation.

Buyer wants to deduct a TDS of 23%. His CA has advised him that for the financial year 2021-2022, I have not been staying in India for more than 182 days and hence I should be treated as an NRI.

However, my Chartered Accountant is saying that the Section 6 of Income Tax act defines Residential Status based on the number of days of stay in India in the previous Financial Year. 

In the year 2020-2021, I was staying in India for 350 days and I filed by IT returns in December 2021 as Resident.

Based on the number of days of stay in India in Financial Year 2020-21, my Auditor says only 1% of TDS needs to be deducted by the Buyer.

Please can you share your views on what should be the right TDS deducted in my case?

 

 

Replies (1)
Https://www.charteredclub.com/tds-property-purchase-nri/

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
ARTICLESHIP 22 October 2026
Articleship intern

Srinath Manikanta

Hyderabad

CA Inter

View Details
Company
23 October 2026
Sr. Accountant

SANKARAN & KRISHNAN

New Delhi

B.Com

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details