Karunakar (Professional) (112 Points)
31 January 2014Hi All,
A lot has been said about Section 194IA of Income tax act. However, I would like to clarify the following:
a) Consider a scenario, where the buyer has paid an advance and there is no registration etc. done yet. Is the TDS still to be done?
b) If yes, to (a) above, how does one fill in details of date of registration and property bought details, in the online challan, as they are not yet available on the date the advance is paid?
Would appreciate some guidance on this.
Thanks and Regards
Pradeep Gupta
(Accounts Manager)
(298 Points)
Replied 31 January 2014
1) It is irrelevant whether registration has been done or not, you need to deduct TDS at the time of payment or credit, whichever is earlier.
2) If registration has not been done then there must be an agreement in which it will mention payment terms and the property details.
And for being in safer side there must be an agreement otherwise later on the seller can say that we were talking about different property and not the one against which you made the payment.
Without agreement how you can pay the advance money not only that you must be aware about the property which you are going to purchase, whether it is completed one or still construction work is going on.
So, If you will go through the Form 26QB, in which there is a column where you need to mention either the agreement date or date of booking of the property, It does not ask for the date of registration.
You can refer the below link for Form 26QB format:
https://onlineservices.tin.egov-nsdl.com/etaxnew/PopServlet?rKey=-792511896
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