TMI Blog2022 (2) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... d for statistical purposes. - ITA No. 560/Bang/2021 - - - Dated:- 31-1-2022 - B.R. Baskaran, Member (A) And Beena Pillai, Member (J) For the Appellant : Rashmi R., Advocate For the Respondents : Srinath Sadanala, Addl. CIT (DR) ORDER Per Beena Pillai, Judicial Member Present appeal is filed by assessee against order dated 26.07.2021 passed by Ld. CIT(A) in a faceless appeal on following grounds of appeal: 1. That on facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax Appeals [ CIT(A)], the learned Assessing Officer ( AO ) and the Central Processing Centre ( CPC ) have erred in not granting the Foreign Tax credit ( FTC ) to the extent of ₹ 15,87,973/- as claimed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard Holder of USA and was working with Thomson Reuters India Pvt. Ltd. The assessee filed its return of income on 07.08.2018 u/s. 139(1) of the Act for the year under consideration declaring total income at ₹ 9,08,20,122/- and claimed credit for taxes paid in the US under Article 25(2)(a) of India-US DTAA amounting to ₹ 2,95,156/-. 2.2. Subsequently, the assessee filed revised return u/s. 139(5) of the Act, declaring total income at ₹ 9,04,62,460/- and claimed credit for the taxes paid in the US under Article 25(2) of India-US DTAA amounting to ₹ 18,83,129/-. The case was selected for limited scrutiny and the assessment was completed at revised return of income at ₹ 9,04,62,460/- on 18.03.2021. However, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,95,156/- was claimed. So far as the case laws cited by the appellant is concerned, these case laws relate to double taxation of foreign income whereas the issue in the instant case is allowability of credit of foreign tax deducted/paid, which is governed by rule 128 of the Income tax Rule. Also, rule 128 has been introduced w.e.f. 01.04.2017, which is much later the date of decision of the cited case laws by the appellant. Hence, the decision of the cited case law is not applicable in the instant case. Since the appellant has not complied with the Rule 128 of the Income Tax Rule by filing the necessary evidence of foreign tax deducted/paid, form 67, etc with the original return of income, he is not entitled for foreign tax credit. Thus, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.1. The Ld. DR though vehemently opposed to the prayer, the Ld. AR could not controvert the availability of these documents and the benefit that the assessee could derive. We have perused the submissions advanced by both sides in the light of records placed before us. 5. We note that the disallowance of the claim of FTC was due to non-availability of evidences/details as per Rule 128. Now that assessee has filed all the details, we deem it fit and proper in the interest of justice to remit this issue to the Ld. CIT(A) to examine the same and to consider the claim of assessee in accordance with law. The Ld. CIT(A) is directed to pass detailed order on merits. Needless to say that proper opportunity of being heard must be granted t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
