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2024 (3) TMI 468 - AT - Income TaxDenial of Foreign Tax Credit (FTC) claimed u/s. 90 - there was delay in furnishing Form 67 - HELD THAT:- The requirement of filing Form 67 within the due date prescribed u/s. 139(1) of the Act cannot be treated as mandatory. Further, it was held that it is to be treated as directory in nature. This is because Rule 128(9) of the Income-tax Rules, 1962 does not provide for disallowance of FTC in case of delay in filing Form 67. On identical facts, the Ahmedabad Bench of the Tribunal in the case of Keval Niraj Hutheesing [2023 (3) TMI 1467 - ITAT AHMEDABAD] after considering the judicial pronouncements, had directed the AO to give credit for FTC after due verification of Form 67 filed. In the afore-mentioned case also, Form 67 was not filed before the processing the return u/s. 143(1) of the Act, but was filed subsequently. Thus we direct the A.O. to give credit for FTC after due verification of Form 67. Appeal filed by the assessee is allowed for statistical purposes.
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