The enactment suffers from certain lacunae and loopholes of a vital nature. The predominant of all is this: The TDS requirement as mandated has, in terms, application to a case of transfer, ONLY if it is of ‘a building or PART OF A BUILDING ‘. Had, however, the legislative history not been over sighted by the North Block, it would have been realised that the term ‘part of a building” cannot rightly be regarded to cover within its ambit the not-so-independent ‘units’ of a building comprising flats or apartments.
The newly introduced provision, briefly stated, mandates withholding of 1 % tax (TDS) by a transferee of an immovable property, on payment of consideration to transferor, if the consideration exceeds 50 lakhs rupees.
It is commonly believed and often said that change is the only concept that never undergoes any change or can be changed. On the contrary, what is never realised or tacitly conceded is that every known concept is changed, violently more often than not, according to individual’s own perception or perspective; and to suit own purpose.
