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2022 (4) TMI 1537 - AT - Income TaxForeign Tax Credit as per Indo-American DTAA denied - Delayed submission of Form No.67 beyond the due date as prescribed u/s 139(1) for filing the return of income for the Assessment Year 2017-18 - HELD THA:- As this issue was considered in the case of 42 Hertz Softwrae India Pvt. Ltd.[2022 (3) TMI 834 - ITAT BANGALORE] one of the requirements of Rule 128 for claiming FTC is that Form 67 is to be submitted by assessee before filing of the returns. In our view, this requirement cannot be treated as mandatory, rather it is directory in nature. This is because, Rule 128(9) does not provide for disallowance of FTC in case of delay in filing Form No.67. DTAA overrides the provisions of the Act and the Rules, as held by various High Courts, which has also been approved in case of Engineering Analysis Centre of Excellence (P.) Ltd. [2021 (3) TMI 138 - SUPREME COURT] - Thus hold that FTC cannot be denied to the assessee. Thus remit the issue back to the AO on similar direction. AO to consider the claim of the assessee in accordance with law based on the verification - Appeal of the assessee is allowed for statistical purposes.
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