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2024 (3) TMI 37 - ITAT VISAKHAPATNAMDisallowance of claim u/s. 90 of Foreign tax credit - Form-67 was filed belatedly - non-filing of Form-67 before the due date of filing of the return of income u/s. 139(1) - AR argued that debatable disallowances cannot be made through intimation u/s. 143(1) - mandatory or directory provisions - CIT(A) allowed claim - HELD THAT:- In the instant case, admittedly the return of income for the AY 2019-20 was filed on 31/10/2019 being the extended due date for filing of the return of income for that assessment year. In the impugned Intimation U/s. 143(1) of the Act passed on 13/3/2021 and the written submissions filed by the Ld. AR, we find that Form-67 was submitted on 17/2/2021. There is no dispute on the fact that Form-67 has been filed before the generation of Intimation U/s. 143(1) of the Act. In the instant case, Form-67 was filed on 17/2/2021 while the intimation U/s. 143(1) was passed on 13/3/2021. The facts of the case decided in Duraiswamy Kumaraswamy [2023 (11) TMI 1000 - MADRAS HIGH COURT] are squarely applicable to the facts of the instant case wherein held returns were filed without FTC, however the same was filed before passing of the final assessment order. The filing of FTC in terms of the Rule 128 is only directory in nature. The rule is only for the implementation of the provisions of the Act and it will always be directory in nature. We therefore find no infirmity in the order of the Ld. CIT(A)-NFAC and accordingly the grounds raised by the Revenue deserves to be dismissed.
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