Hi,
I had purchased 3 land parcels on different dates, different sellers and separate registries.
1. Oct 2024 - Seller 1, Land 1 - 100 SQM, COA - 10L
2. Dec 2024 - Seller 2, Land 2 - 100 SQM, COA - 10L
3. Jan 2025 - Seller 3, Land 3 - 100 SQM - COA - 10L
I sold all 3 parcels of land combined to one buyer in a single registry.
July 2025 - Buyer - 300 SQM - Value - 45L
- The above transaction has to be reported as Short Term Capital Gain for ITR FY 25-26.
The STCG section does not have an option to report multiple registries together and only one date of purchase can be entered.
1. Option 1 - Report each land sell separately, by dividing the sell value in 3 equal portions.
2. Option 2 - Report total land sell in one go, by taking the date of purchase of the earliest land.
3. Option 3 - If any other option can be suggested.
Please advice on how to go ahead with this.
Thanks in Advance.
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Please assist what should I do to resolve this error now?
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Hi
When landowner sell his share of flat on or before the completion date when he should file income tax return and declare capital gain income?
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Subject: Guidance required on TDS under Section 195 for purchase of flat from NRI sellers
I am purchasing a residential flat in Kolkata from two NRI sellers (husband and wife), each holding a 50% share.
Details:
- Total sale consideration: ₹44,00,000
- Sellers purchased the flat in 2010 for approximately ₹25,00,000.
- Registration is planned for 29 July 2026.
- We (buyers) have already obtained TAN.
- I am purchasing the property with a home loan.
- The sellers have not provided any Lower/Nil TDS Certificate from the Income Tax Department.
I need guidance on the following:
1. How should TDS under Section 195 be calculated in this case?
2. Should TDS be deducted on the entire sale consideration or only on the estimated capital gains?
3. What TDS rate is applicable if the sellers do not provide a Lower/Nil Deduction Certificate?
4. Is surcharge and health & education cess applicable? If yes, how should the final TDS be computed?
5. Since there are two sellers with equal shares, should separate Form 27Q returns and separate Form 16A certificates be filed for each seller?
6. What documents should the buyer collect from the sellers to avoid any future tax liability?
7. Since a home loan is involved, what instructions should be given to the bank regarding release of the loan amount after deducting TDS?
8. Section 195 or Section 393 which one is applicable?
I would appreciate a detailed calculation and practical guidance to ensure full compliance.
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