ITR
Late fee demand for TDS on flat purchase
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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.
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.
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.
Conclusion
- Log in to TRACES and check the default for the 26QB.
- Download the justification details.
- Pay the fee and any interest through e-Pay Tax.
- Confirm the default is cleared on TRACES.
- File on time for any future property deals.
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