Tds on capital gain

This query is : Resolved

CA Dipak (Querist)
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29 July 2011 land sold by nri to residend individual.land situated in india.Now capital gain arised from such transaction.

wheather c.g is liable to tds under 195?
if, yes than at which rate.

need expert advice....URGENT

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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30 July 2011 Sec. 195 comes into picture only when payment is being made to non-resident.

Here the situation is reverse and payment is being received from non-resident and there is no payment being made to non resident.

Anuj
+91-9810106211
femaquery@gmail.com

CA Dipak

CA Dipak (Querist)
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01 August 2011 thanx for reply,
sir,
NRI sold land to Resident.Resident has to make payment(sale considerration) to non residend. and hence i asked wheather TDS is deducted on such payment made u/s 195 or on Capital gain?

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CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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01 August 2011 yes TDS is deductible u/s 195, as this is income accruing or arising in India.

Anuj
+91-9810106211
femaquery@gmail.com