Hi,
Hope you are doing well !!
1. Yes, the penalty amount will be treated as income from other sources (interest) even if it not actually received.
So, tds would be required to be deducted.
2. Yes, you can claim tds (credit) refund in next year ITR by mentioning the receipt as income from other sources.
However, you can also consider this amount as capital receipt and reduce the same from cost of acquisition of property subject to sales agreement. So, you can avoid taxation (TDS deduction).
Thanks & Regards,
Payal Chhajed