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2024 (2) TMI 860 - AT - Income TaxForeign Tax Credit (FTC) u/s 90 denied - mistake in not filing Form 67 along with the return of income rectified filling revised return - procedural lapses - assessee, after filing Form 67 made several attempts to get the rectification done through CPC with no efforts fructified - HELD THAT:- As decided in Vinodkumar Lakshmipathi [2022 (10) TMI 87 - ITAT BANGALORE] Rule 128(9) of the Rules does not provide for disallowance of FTC in case of delay in filing Form No.67; (ii) filing of Form No.67 is not mandatory but a directory requirement and (iii) DTAA overrides the provisions of the Act and the Rules cannot be contrary to the Act. Thus we direct the AO to give credit for foreign tax as per Form 67 filed belatedly - Decided in favour of assessee.
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