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we hold that the CIT(A) was justified in AO was justified in deleting the disallowance of interest expenses u/s.40(a)(ia) of the Act, to the extent of the disallowance relates to interest paid to persons furnished Form 15 G and Form 15 H to the assessee as no disallowance can be made u/s 40a(ia) of the Act as held by the Hon'ble Karnataka High Court in the case of Sri Marikamba Transport Co., (Supra). The requirement of filing of Form 15G and 15H with the prescribed authority viz., CIT is only procedural and that cannot result in a disallowance u/s 40a(ia) of the Act.

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Sec.36 & 40A of Income Tax act, 1961—Business disallowance—Jt. CIT vs. KARNATAKA VIKAS GRAMEENA BANK.[2020] 21 ITCD Online 14 (ITAT-BANGALORE)

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