Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (5) TMI 29 - ITAT PUNEForeign Tax Credit u/s. 90 - denial of taxes paid by the assessee outside India merely on the ground that the assessee did not file Form 67 at the time of filing of her return of income - directory/procedural or mandatory default - HELD THAT:- Revenue would hardly dispute the clinching fact that the assessee had indeed submitted the Form 67 before the CPC’s processing dated 09.01.2023 i.e. on 05.02.2021. This being the clinching fact herein, it is of the considered opinion that both the learned lower authorities could not have rejected the assessee’s impugned Foreign Tax Credit claim for the above stated sole ground. Case law Duraiswamy Kumaraswamy [2023 (11) TMI 1000 - MADRAS HIGH COURT] had already settled the issue that Rule 128 of the Income Tax Rules prescribing Form 67 hereinabove, is directory and not mandatory in nature. Faced with this situation, hereby accept the assessee’s instant sole substantive grievance in principle and direct the CPC, Bangalore to finalize assessee’s afresh computation in above terms as per law. Assessee appeal allowed.
|