07 April 2024
My Client purchased a property for 75 lacs and deducted T.D.S. on property @1% 75000/- from the seller and deposited the same th. FORM 26QB. on 24/09/2023 SELLER became SUPER SENIOR CITIZEN on 01/01/2023. I.T.O. T.D.S. passed an order on Form 26 QB and determined the T.D.S. liability @20% in place of 1% and passed the order to pay the balance amount along with Interest. A correction statement was filed and on receiving the quarry letter from A.O. T.D.S. all the required documents were submitted. Meanwhile, it came to my knowledge that the PAN of the seller became Inoperative as the Aadhar is not linked with the PAN. I fulfilled the requirements of linking Aadhar with PAN and the PAN became operative in Feb’2024. I further submitted an affidavit along with operative PAN and Aadhar to A.O. T.D.S. He accepted my correction statement and passed the order on the correction statement. On receiving the order, it was found that the tax was determined @20% along with Interest. On enquiring it was answered to me that the A.O. is unable to accept my contention of T.D.S. @1% in view of Notification No. 15/2023 dt. 28.03.2023. So, I request you to kindly suggest and guide me the suitable remedy in this matter and oblige. Yours faithfully (PARVEEN KUMAR WADHWA) ADVOCATE
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