Answer

ITR

133(6) notice about a property purchase

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  1. Facts

    Sub-registrars report property deals above the threshold, so the officer can see your purchase. The question is the source of the money: savings, loan, sale of another asset or gifts. Your reply should trace every rupee paid.

  2. Provisions and law

    • Sec 133(6) (now Sec 252(1)(a))The officer can call for information useful for or relevant to any enquiry or proceeding
    • Sec 69 (now Sec 103)Unexplained investments can be taxed as income if the source is not explained
    • Sec 194IA (now Sec 393(1) Table Sl. No. 3(i))Buyer of immovable property worth ₹50 lakh or more deducts 1% TDS and files Form 26QB
  3. Analysis

    A typical reply shows: home loan ₹60 lakh disbursed directly to the builder, ₹20 lakh from savings with bank statements, and ₹5 lakh as a gift from a parent with a gift deed and the parent's bank statement. The officer will also check that you deducted 1% TDS under Sec 194IA and filed Form 26QB, since the deal crosses ₹50 lakh. If the stamp duty value is higher than the price, the seller's tax is affected and you may face questions too. Unexplained payments can be taxed as unexplained investment.

  4. Conclusion

    1. Collect the sale deed, payment receipts and loan papers.
    2. Prepare a source of funds table with dates and bank references.
    3. Attach Form 26QB and Form 16B proof for TDS paid.
    4. Submit the reply and keep copies.

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