Sec 194IA
Uday Rathi (133 Points)
02 October 2018
whether TDS is required to be deducted in case the purchser is receiving the land as stock in trade and not as a capital asset
2 Replies
A B Kundu
(Professional)
(1422 Points)
Replied 02 October 2018
As per Sec.194IA, TDS would be deducted if the value of the land exceeds Rs.50 Lakhs, nowhere it is mentioned that it would be applied if the transferee's intention to treat it as Capital Asset. So, it is implied that TDS shall be deducted if the value exceeds the above limit irrespective of the intention of the buyer.
This is totally my opinion, if anyone wants to add something new, always welcome.
Ashwin P. Gohil
(auditor)
(231 Points)
Replied 02 October 2018
yes you have to deduct TDS whether you have purchased immovable property as stock in trade or capital asset.
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