Answer

ITR

Late fee demand for TDS on flat purchase

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  1. Facts

    A buyer who deducts TDS on property must file the challan-cum-statement on time. A late filing attracts a fee of ₹200 a day under Sec 234E, capped at the TDS amount, and TRACES raises it as a demand.

  2. Provisions and law

    • Sec 234E, Income-tax Act 1961 (now Sec 427)Late fee of ₹200 for each day of delay in filing a TDS statement, up to the TDS amount.
    • Sec 194IA, Income-tax Act 1961 (now Sec 393(1) Table Sl. No. 3(i))The buyer of immovable property worth ₹50 lakh or more deducts 1% TDS.
  3. Analysis

    If TDS was ₹60,000 and Form 26QB was filed 40 days late, the fee is ₹8,000. Interest may also apply if TDS was paid late. Pay the fee through the portal and check TRACES for any further default. For purchases after 1 April 2026 the form is Form 141 under the 2025 Act.

  4. Conclusion

    1. Log in to TRACES and check the default for the 26QB.
    2. Download the justification details.
    3. Pay the fee and any interest through e-Pay Tax.
    4. Confirm the default is cleared on TRACES.
    5. File on time for any future property deals.

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Notice of demand, Sec 156 (now 289)

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