9911796707
TMI Blog2022 (12) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... volved in this appeal revolves around the grievance of the assessee that foreign tax paid by him should have been given credit to, which the authorities below denied stating that under rule 128(9) Of the Income tax Rules, 1963 ("the Rules"), the assessee should have furnished the statement in Form 67 before the due date specified for furnishing the return of income under sub-section (1) of Section 139 of the of the Income Tax Act, 1961 (for short "the Act"), whereas in this case, the assessee furnished such Form 67 along with the return of income filed under section 139(5) of the Act. 3. Brief facts, relevant for the disposal of the case are that the assessee is an individual, employed with Micro Soft Global Resources GMBH. During the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 128(9) is clear in its purport in saying 'certificate or the statement .... shall be furnished on or before the date specified for furnishing the return of income under sub-section (1) of section 139', it is not open for the assessee to contend that it is not mandatory requirement. She placed reliance on the view taken by the Visakhapatnam Bench of the Tribunal in the case of Murali Krishna Vaddi Vs. ACIT (2022) 142 taxmann.com 32. 6. We have gone through the record in the light of the submissions made on either side. It could be seen from the view taken in Murali Krishna Vaddi (supra), the decision of the Bangalore Tribunal in the case of M/s. 42 Hertz Software India (P) Ltd (supra), was brought to the notice of the Bench, but looki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income of the resident an amount equal to the income tax paid, paid in the United States, whether directly or by deduction. In view of this provision over riding the provisions of the Act, according to us, Rule 128(9) of the Rules has to be read down in conformity thereof. Rule 128(9) of the Rules cannot be read in isolation. Rules must be read in the context of the Act and the DTAA impacting the rights, liabilities and disabilities of the parties. 9. With this view of the matter, we are of the considered opinion that the decisions relied upon by the assessee are applicable to the facts of the case on hand while respectfully following the same, we allow the appeal, and direct the Learned Assessing Officer to verify the details of the forei ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
