I have sold agricultural land for 4.1crores,it is not covered under specified area. so it is absolutely agricultural land.
But by mistake tds has been deducted for the tranfer of 4.1lakh.
Now how can i get redund of tds?
Absolutely by filing that in my ITR, then under which head i have to file?
Anybody who knows the answer plzz reply?
If its outside the specified area, Purchaser should not deduct TDS...
But verify whether the land is agricultural or not... as per defination under IT act...
"agricultural land" means agricultural land in India, not being a land situate in any area referred to in items (a) and (b) of sub-clause (iii) of clause (14) of section 2; which is as stated below...
(iii) agricultural land in India, not being land situate—
(a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand; or
(b) in any area within the distance, measured aerially,—
(I) not being more than two kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten thousand but not exceeding one lakh; or
(II) not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or
(III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh.
Explanation.—For the purposes of this sub-clause, "population" means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year.
Settle the issue with purchaser itself, department will not issue refund so easily, rather demand capital gain.
CAclubindia
