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2023 (6) TMI 282 - AT - Income TaxForeign Tax Credit (FTC) - claim denied due to delay in filing of Form No.67 beyond the prescribed time limit u/s 139(1) - assessee had filed his US Income Return and paid the taxes accordingly. While filing the Indian Income Tax Return, the assessee disclosed the above aforementioned foreign income and claimed Foreign Tax Credit which was paid in USA - HELD THAT:- We find an identical issue had come in the case of Baburao Atluri [2022 (12) TMI 525 - ITAT HYDERABAD] while deciding the issue in favour of the assessee held 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. Since the facts of the instant case are identical to the facts of the case already decided by the Tribunal cited (Supra), respectfully following the said decision, we direct the AO to allow the FTC after due verification. Appeal filed by the assessee is allowed.
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