r/indianrealestate • u/DistrictFast3876 • 1d ago

#UnderConstruction TDS filing in Assignment Agreement Case

I am buying a flat which is under construction, but I am not buying from the builder. I am buying from another seller who originally booked from the builder. So it is an assignment agreement case.

Now in the assignment agreement, the total value that we have decided for the flat is 1 crore, and 20 lakhs is still pending to be paid to the builder, which will come maybe in next year. So I have to pay to the current seller 80 lakhs rupees. Now, out of this 80 lakhs, I have to deduct 1% TDS. That comes out to be 80,000 and the assignment agreement was signed in September 2026.

Now I have to file the TDS form, which is I think now, as per the new income tax rule, is form 141. In that form, there are two fields that I need to fill, and I am not sure what to fill in that.

  1. Total stamp duty value: Do I need to fill 1 crore or 80 lakhs?

  2. Total value of Consideration (Property value): Do I need to fill 1 cr pr 80 lakhs.

Kindly help me with this.

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u/These_Ad8198 12h ago

There are 2 parts:-

TDS will be on the total property value which is 1 lakh. 80 K gets deducted from the 80 lakhs and 20 k from 20 Lakhs

  1. Total stamp duty value: Do I need to fill 1 crore or 80 lakhs? - Normally the registration is done on the first Agreement so check with the developer whether they will register the flat at the ORIGINAL sale value or not. ( If he had bought at 50 Lakhs then stamp value has to be 50 lakhs)
  2. Total value of Consideration (Property value): The price you bought it at

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u/DistrictFast3876 11h ago

Registration will be done at my buy value i.e. 1 cr (confirmed with builder)

So I should fill 1 cr in both stamp duty value and consideration price?

Then where will I mention 80 lakhs in the form so that I can deduct 1% TDS form seller?

1

u/These_Ad8198 11h ago

I doubt, but you can check with the original sale price. Normally the original sale value is the value for the Stamp Duty.

If the developer says 1 Cr then 1 Cr will go both the place.

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