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Professional Student

Respected Sir / Madam,

One of my clients had a property which he co-owned with his parents. Though the ratio of ownership was not mentioned in the Builder-Buyer Agreement, he had the details of cost of acquisition contributed by each of the co-owners.

However, when this property was sold (my clients being confirming party in Tripartite Agreement between Builder, Buyer & my Co-owners Clients as registration was not done by clients after allotment by builder after possession), the sales consideration was paid in a different ratio & TDS deducted accordingly.

Now while filing ITR, for LTCG on sale of such property,
(1) Sec-194-IA is applicable for transferor & transferee, and here the transferor is Builder & transferee is Buyer then why TDS deducted on client's sales consideration? Is there any exception to Sec-194-IA?? Though I have claimed Self-occupation benefits during filing ITRs of my clients as per Sec-27 Deemed ownership as possession was given by builder to my clients.

(2) Should we show sales consideration which the buyer paid to co-owners & TDS deducted u/s-194-IA OR apportion the sales consideration on the basis of ownership (investment cost) of each co-owners?

(3) COA should be indexed separately for each co-owners OR apportion the total COA in the ration of sales?

AS per law, Sales consideration & COA should be in the ratio of ownership (cost of investment) to compute correct LTCG but to apply the provision of laws now, will my client receive any notice from IT Department in future as sales consideration will mismatch as per Form 26AS & Form 26QB?

Please advise.


sajag finance

Unlisted Shares of a Company Incorporated in India are Held by a Non Resident Company (100% Holding). These shares are now being transferred to another Non Resident Company. What are the Sections with regards to LTCG Tax and if TDS also attracted under any Section.


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30 June 2023 at 12:54

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Hello, Sir
With information on my salary and capital gains, I'm filing an ITR 2.
Even though I successfully completed the entire form, the tax-paid details eventually disappeared from Part B -TTI.
I tried logging out and logging back in again, but the issue persisted.
Part B -TTI contains the all the tax paid details in beginning of filing.


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30 June 2023 at 12:00

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Sir,
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30 June 2023 at 11:08

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