• Penalty on late payment of TDS on property

Rs200/- is the late fee per day on delayed payment of TDS on Property (26QB). That is 200 x 50days = Rs10,000/-.
When joint buyers fill the form, do they pay Rs5,000/- each form or Rs10,000/- each form.
Asked 5 years ago in Property Law
Religion: Other

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10 Answers

Hello,

They have to pay separately.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1) If property is joint and tax has to be deducted at source from any one account or you both want to show equal to your sharing ratio than Rs.5000/- each should be deducated

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

See if the TDS is separately paid by co-owners for there share in that case penalty of 10,000/- shall apply to both. In penalty there shall be no sharing.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Under Section 201, you'll have to pay an interest of 1% a month if tax wasn't deducted and 1.5% if tax was deducted but not paid to the government. The late filing fee applicable under Section 234E is Rs. 200 per day depending on the maximum tax due.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Tds is liable to be paid by purchaser to govt after deduction

Seller provides pan details in the sale deed itself which both the buyers would know

So both become liable to deduct tds and pay it to government 

If any one buyer deducts tds and pays to govt, then the second buyer incurs no liability 

But if both buyers fail to pay the tds to govt, then since both knew the pan details of seller, both become liable to pay penalty if tds is not deposited 

Will try to find a judgement if possible which has held it otherwise 

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

Hello,

The same has to be paid for the property and as such a total of 10,000/- is to be paid. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Total 10,000/- payable. Jointly/single.

You’ll have to pay an interest of 1% a month if tax wasn’t deducted and 1.5% if tax was deducted but not paid to the government. The late filing fee applicable under Section 234E is Rs. 200 per day depending on the maximum tax due.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. The Total TDS default amount, may be divided EQUALLY and filed separately by the TDS deductors. HOWEVER, this should coincide with the principal amounts received by each person.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

They may pay the penalty  amount jointly when they filled the form jointly.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

TDs is applicable on individual returns. The return is not joint.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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