TMI Blog2022 (6) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... orm 67 has been filed with a delay of more than two years without any valid and reasonable cause. From the plain reading of Rule 128(9) of the IT Rules, it is clear that the statement in Form-67 shall be furnished on or before the due date specified for furnishing the return of income under sub-section(1) of section 139 of the Act. Therefore, we are of the considered view that since the word shall has been used in the Rule 128(9) that it is mandatory in nature and not directory as claimed by the Ld. AR. We therefore find no infirmity in the order of the Ld. CIT(A), NFAC and hence no interference is required. - Decided against assessee. - I.T.A. No.269/Viz/2021 - - - Dated:- 14-6-2022 - Shri Duvvuru Rl Reddy, Hon ble Judicial Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of the Ld. AO and dismissed the appeal. Aggrieved by the order of the Ld. CIT(A), NFAC the assessee is in appeal before us. 3. The assessee has raised the following grounds of appeal: 1. The order of the Ld. CIT(A) is contrary to the facts and also the law applicable to the facts of the case. 2. The Ld. CIT(A) ought to have appreciated that Rule 128(9) of the IT Rules does not provide for disallowance of FTC ion the case of delay in filing of Form 67. 3. The ld. CIT(A) ought to have appreciated that filing of Form 67 is not mandatory but directory. 4. The Ld. CIT(A), NFAC is wrong in upholding the order of the AO and ought to have appreciated that the provisions of DTAA override the provisions of the Act to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons and the orders of the authorities below. Based on the written submissions made by the assessee s representative, we find that the Form 67 was not filed by the tax consultant of the assessee due to oversight and pleaded that mistake may be considered as technical mistake and there was a reasonable cause. We find no merit in the submissions made by the assessee s representative that the above reason mentioned by the assessee in its written submissions is reasonable. The assessee has realized the filing of Form 67 only after the scrutiny proceedings were initiated by the AO. We also note that Form 67 has been filed with a delay of more than two years without any valid and reasonable cause. We also extract herein below Rule 128(9) of the IT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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