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Question ID : 31646

TDS U/S 195

A property has been purchased by a buyer from a seller who at that time of sale was living and employed in India and did not disclose to the seller that he was a NRI. Buyer deduced tds@1 instead of 20 And Now income tax has served a Notice us 200(1A) on buyer stating reasons for short deduction of tds. Since Buyer was unaware of the fact that the seller was a NRI and accordingly he deducted tds@ 1. All title deed, bank account, aadhar etc mentions Sellers residing in India. Moreover, NRI has duly filed his return and declared capital gain and paid tax. Is any case law there or can it be justified that buyer is not assesee in default as he had no knowledge of the same

posted by Kamreen Fatma on May 22 2018 12:00AM

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