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2023 (4) TMI 729 - AT - Income TaxDenial of foreign tax credit u/s 90/90A due to delay in filing Form no.67 - taxpayer filed Form No.67, after the due date for filing the return of income u/s 139(1) - rectification application u/s 154 for claiming the foreign tax credit was disposed off without granting any relief to the assessee - HELD THAT:- As decided in SONAKSHI SINHA case [2022 (10) TMI 107 - ITAT MUMBAI] assessee is eligible for foreign tax credit, as she has filed form number 67 before completion of the assessment, though not in accordance with rule 128 (9) of The Income Tax Rules, which provided that such form shall be filed on or before the due date of filing of the return of income Mere delay in filing Form No. 67 as per the provisions of Rule 128(9), as they stood during the year under consideration, will not preclude the assessee from claiming the benefit of foreign tax credit in respect of tax paid outside India. Since in the present case, the claim of the assessee was denied on this technical aspect without going into the merits, therefore, we deem it appropriate to direct the jurisdictional AO to decide the claim of the foreign tax credit on merits, after accepting the Form No.67 and other related documents filed by the assessee. Accordingly, grounds raised by the assessee are allowed for statistical purposes.
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