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stolenheart (teacher)     16 February 2025

Tds deduction under what section for payment made without consideration

Hello Sir

I am in a very fix position. I want to buy a property from an NRI. The NRI has some obligatioin with some individual with whom she has an unregistered agreement to pay him 50% share of the sale consideration. He does not have his name in the title.

Now she wants that person to be as confirming party and he be given payment direct by the buyer and her total TDS liability should be decreased by the amount whcih is paid to the confirming party. 

The confirming party wants to pay a TDS of 1% as is applicable in properry registration. The value of his share is more than a crore.

For simplicity: Total sale c onsideration: Two crores

NRI share: One crore

Confirming party share: One crore.

The NRI wants to pay TDS on her one crore share and I am supposed to deduct of erest sale consideration from confirming party.

My Querry: (1) Will the sale consideration for stamp valuation taken as two crores 

(2) Can the confirming party be given funds this way/

(3) Under what section of IT the TDS is to be deducted and how much on the share of confirming party

Thanks and with regards



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     16 February 2025

  1. If the sale consideration is Rs. 2 crore then the stamp duty has to be paid for that sale consideration amount alone.
  2. You cannot give the sale consideration amount to a third person other than the seller, if they have some understanding then let the seller receive the enire amoiunt and give away whatever he owes to the the confirming party.  You don't interfere in his personal issues.
  3.  If the confirming party is not the seller then you cannot deduct any amount towards TDS and giving his share to the confirming party is not your problem.
  4. Don't get into any trouble without consulting an advocate before making any payment.

stolenheart (teacher)     16 February 2025

Thanks a lot sir. The reply has resolved all my apprehensions and now I can face the seller party with a solid backing. I am obliged.

With regards

T. Kalaiselvan, Advocate (Advocate)     17 February 2025

You are welcome for your understanding and appreciations


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