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TDS Threshold Under 194IA Applies Per Seller: ITAT Ahmedabad

Case Law Details

TaxGuru Citation
2025 taxguru.in 6545
Case Name
Archanaben Rajendrasingh Deval Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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Archanaben Rajendrasingh Deval Vs ITO (ITAT Ahmedabad)

TDS default set aside: ITAT Ahmedabad holds threshold u/s 194IA applies per seller

Ahmedabad ITAT quashed the demand of ₹1,00,907 raised u/s s 201(1) & 201(1A) for failure to deduct TDS u/s 194IA, holding that the ₹50 lakh threshold must be tested with respect to each individual seller, & not the transferee’s aggregate share.

Assessee purchased property jointly for ₹1.23 crore, with her share being ₹53.67 lakh. Payments to two individual sellers were ₹21.83 lakh & ₹31.83 lakh, both below ₹50 lakh. AO held that since her total share exceeded ₹50 lakh, TDS @1% u/s 194IA was applicable.

AO & CIT(A) relied on GUDA’s letter placing the land within 2.61 km of Gandhinagar Municipal limits to deny agricultural land claim & treated assessee as “assessee-in-default” u/s 201 for not deducting TDS.

Assessee argued that the land was classified as agricultural in revenue records & not a capital asset u/s 2(14)(iii). Assessee also argued that payments to each seller were below the ₹50 lakh threshold & thus, Section 194IA(2) is not attracted.

ITAT relied on Vinod Soni v. ITO & Bhikhabhai H. Patel v. DCIT holding that the TDS threshold u/s 194IA applies per transferor-transferee pair.Tribuanl held that where consideration to each seller is below ₹50 lakhs, TDS is not required. Tribunal held that CIT(A) failed to examine this key legal issue or address judicial precedent.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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