Capital gain tax-non resident indian selling property

Walter Z Peter (MD) (30 Points)

01 June 2015  

Mr Chris a resident of Saudi Arabia, who is Non resident as per income tax act 1961,purchased a residential property in Kerala state in Feb 2011  for rupees 36 lakhs .He wanted to sell the property to a Govt company  on July 2015  an Indian Incorporated company with a sales consideration of Rs 2,60,00000/.Govt company is willing to pay entire consideration after deducting tax under section 195 at 20%. on the sales value instead of capital gain portion.

Mr Chris wanted to receive entire sales value without tax deduction as he wanted to buy another residential property for his own usage. Is there any provision in income tax act  1961 which would help Mr.Chris to get entire sales proceeds without deduction @ 20%