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2023 (5) TMI 271 - ITAT DELHIForeign Tax Credit (“FTC”) - claim of the assessee was declined purely on the basis that Form No.67 was required to be filed online before due date of filing of return of income - contention of the assessee is that it is well settled for requirement of furnishing Form No.67 is directory in nature and he should not be made to suffer when he is entitled for Foreign Tax Credit merely because Form No.67 could not be filed - HELD THAT:- As assessee that Form No.67 could not be uploaded alongwith revised return of income as the system did not open for accepting the same. We are unable to sustain this finding of Ld.CIT(A) as the Co-ordinate Bench of the Tribunal after examining the law and relying upon the judgement of Engineering Analysis Centre of Excellence (P.) Ltd.[2021 (3) TMI 138 - SUPREME COURT] has allowed FTC. Therefore, we hereby direct the AO to allow benefit of Foreign Trade Credit to the assessee in accordance with law, after condoning the delay in filing of Form No.67. Ground raised by the assessee are hence, allowed for statistical purposes.
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