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Computers in bank cannot override the law

I am a senior citizen aged 67 years. I have a deposit under the 9 per cent Senior Citizens Savings Scheme with State Bank of India, Mylapore, in which the quarterly interest amounting to Rs. 33,750 is credited to my savings bank (SB) account. Since I have no other income, I have filed Form 15H with the bank and obtained acknowledgement on May 27, 2007. However, the third quarter interest is short credited by Rs. 7,917. On enquiry, I was informed by the bank that the computer application deducts TDS if the interest credited exceeds Rs. 1 lakh irrespective of whether Form 15H is filed or not and that the branch has no control over it. I am under the impression that Sec. 197A obliges the bank not to deduct tax, if Form 15H is filed in advance. I would be grateful if you can clarify this provision, since I am not liable to file a return of income and therefore the amount deducted would be a loss to me.

The letter from Thailambal Vaidyanathan of Chennai makes interesting reading.

State Bank of India should certainly programme for tax deduction at nil, where Form 15G or Form 15H is filed, if the reader has rightly understood the explanation of the bank for failure to honour Form 15H.

Even if the present programme does not provide for the same, it is certainly possible for the debit to be reversed manually, where Form 15G or Form 15H, as the case may be, has been filed, a matter which requires consideration on the part of the bank, since the fact that the computer programme is designed inadequately cannot excuse the legal responsibility.

Incidentally, the understanding of the reader is that the omission of the bank would lose her right to refund as she is not required to file return, apparently because her return falls below the exemption limit. Persons who are entitled to a refund can file a return along with application for refund and get the refund.

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