During relevant years, assessee paid interest to depositors in excess of Rs. 10 thousand but no tax at source was deducted because depositors had furnished Form No. 15G/15H .AO held that apart from obtaining declaration in Form No. 15G/15H, assessee should have furnished those forms to Commissioner within prescribed period , since assessee failed to do so, AO disallowed the interest u/s 40(a)(ia) of Act. CIT (A) deleted the addition . Tribunal held that requirement of filing of Form 15G or 15H with prescribed authority viz., Commissioner, is only procedural and that cannot result in disallowance under S.40(a)(ia) of the Act . Followed CIT v. Sri Marikamba Transport Co ( 2015) 379 ITR 129 (Karn.)(HC) (AY. 2012 -13, 2013 -14)
JCIT v. Karnataka Vikas Grameena Bank. (2020) 181 ITD 672 / 79 ITR 207 (Bang) (Trib.)
S. 40(a)(ia): Amounts not deductible – Deduction at source – Interest other than interest on securities -Form 15G/15H- Procedural defects – Disallowance is held to be not justified .[ S.194A, Form No 15G/15H ]