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2023 (1) TMI 648 - AT - Income TaxForeign tax credit - Form No.67 (statement of income from a country or a specified territory outside India and FTC) was not filed within the due date specified u/s 139(1) - HELD THAT:- We find on identical facts, case of Ms.Brinda Ramakrishna [2022 (2) TMI 752 - ITAT BANGALORE] had held that when assessee filed Form No.67 during the course of assessment proceedings, the assessee was entitled to FTC. It was held by the Tribunal that Rule 128(9) of the I.T.Rules, 1962, does not provide for disallowance of FTC in a case of delay in filing Form No.67. It was further held by the Tribunal that filing of Form No.67 is not mandatory but directory requirement. Since the facts of the instant case are identical to the facts considered by the Bangalore Bench orders, cited supra, we hold that the assessee cannot be denied the FTC for the reason that Form No.67 has not been filed within the due date specified u/s 139(1) - Also see M/S. 42 HERTZ SOFTWARE INDIA PVT. [2022 (3) TMI 834 - ITAT BANGALORE] - Appeals filed by the assessee are allowed.
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