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2022 (9) TMI 694 - AT - Income TaxDisallowance of Foreign tax credit u/s. 90 - CIT(A) taken view that belated filing Form no. 67 was violation of Rule 128(9) of the Act and disallowed the claim for tax credit to the assessee - as alleged that FTC had not been paid by the assessee but by his employer and therefore, no credit of the same would be granted to the assessee - HELD THAT:- We after going through the facts of the cases find that FTC has been offered by the assessee(s) as perquisites in the gross total income and tax has been paid thereon. Once this income has been offered to tax, the corresponding credit of the same would be available to the assessee(s). Therefore, once the payments has been included by the assessee(s) in the income and tax have been paid thereon then this credit would certainly be available to the assessee(s). So far as filing of Form 67 is concerned the same has been held to be mere directory requirement by the SMC Bangalore Tribunal [2022 (2) TMI 752 - ITAT BANGALORE] This decision has been followed by co-ordinate bench of Bangalore Tribunal in M/s 42 Hertz Software India Pvt. Ltd. [2022 (3) TMI 834 - ITAT BANGALORE] and also before the Madras bench in the case of Shri. Govindarajan Roopkumar [2022 (9) TMI 557 - ITAT CHENNAI] - We also concur with the same. It is the findings of Ld. CIT(A) that the assessee(s) has already filed Form No.67 although belatedly. Therefore, we direct Ld. CIT(A) to verify the forms and allow tax credit to the assessee(s), if found in order. Appeals filed by assessee(s) are partly allowed in terms of our above order.
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