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2018 (6) TMI 682 - ITAT JAIPURTDS u/s 194C - Disallowance u/s 40(a)(ia) - non submission of forms/ declarations in the office of Chief Commissioner/ Commissioner as prescribed U/s 191A(2) - non production of Form 15G/15H - Held that:- as per the provisions of Section 197A(1A) the only requirement is taking the declaration in writing from recipient and verification in the prescribed form and once the requirements of this section is complied with the assessee is under no obligation to deduct tax at source on such payments. Following the judgement in case of CIT vs. Sri Marikamba Transport Co. [2015 (6) TMI 181 - KARNATAKA HIGH COURT] where it is held that Once, the declaration forms are filed by the assessee, the liability of the assessee to deduct tax on the payments made to the sub-contractor would not arise - thus we have taken a consistent view that non production of Form 15G/15H would not lead to disallowance U/s 40(a)(ia) - Also see CHITTOOR DIST. CO-OPERATIVE CENTRAL BANK LTD. [2016 (7) TMI 338 - ITAT HYDERABAD] - Decided in favor of assessee.
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