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Property buyer's TDS not in the seller's 26AS
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Facts
The buyer deducts 1% TDS on property worth ₹50 lakh or more and files Form 26QB, then gives Form 16B. A wrong seller PAN or wrong amount in 26QB keeps the credit out of your 26AS.
Provisions and law
- 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 TDS.
- Sec 199, Income-tax Act 1961Credit for tax deducted is given to the person whose PAN is reported, for the year in which the income is assessable (2025 Act number to be confirmed).
Analysis
If the flat sold for ₹80,00,000, TDS of ₹80,000 should appear in your 26AS. Get the 26QB acknowledgement and Form 16B from the buyer and check your PAN. The buyer can correct 26QB details online. Report the capital gain in your return either way.
Conclusion
- Get Form 26QB acknowledgement and Form 16B from the buyer.
- Check seller PAN and amount.
- Ask the buyer to file a correction if wrong.
- Recheck 26AS.
- Claim the credit in your return.
A Savvy can do this for you
Form 26AS TDS mismatch: get the deductor to correct its TDS return
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