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TDS on NRI Property Purchase: Form 26A Proof Can Shield Buyer from Default u/s 201

Case Law Details

Case Name
Pravin Prakash Magar Vs CIT (Appeals) (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2024-2025
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Pravin Prakash Magar Vs CIT (Appeals) (ITAT Mumbai) TDS on Property Purchase from NRI — ITAT Restores Case to AO as Buyer Obtains Form 26A Proof of Seller’s Tax Payment- Form 26A Can Save Buyer from Default u/s 201 – ITAT Allows Relief in NRI Sale Case Assessee, an Indian resident, purchased property from two NRIs, each for ₹66 lakh. He applied for a lower deduction certificate u/s 197, requesting TDS @12.61% inclusive of surcharge & cess. However, AO issued a certificate prescribing 12.61% excluding surcharge & cess. Owing to this misunderstanding, Assessee deducted tax at 12....
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