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TMI Blog2023 (1) TMI 648X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were heard together and are being disposed of by this consolidated order. Identical ground is raised in these appeals, which reads as follows:- "Foreign tax credit has been disallowed on the grounds that filing of form 67 within due date is a pre-condition for claiming foreign tax credit. This assumption is not in line with the decision of this Honourable tribunal in the case of Ms.Brinda Ramakrishna, ITA No.454/Bang/2021 vide its order dated 17-Nov-2021." 3. The brief facts of the case are as follows: The assessee was employed with LSI India Research and Development Private Limited in USA, during the assessment years 2019-2020 and 2020-2021. For the assessment years under consideration, the assessee had earned income from salary, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the action of the AO in disallowing the claim of Foreign Tax Credit to the appellant, since the appellant has failed to submit Form 67 within the due date, which was required by the appellant to file the same as per the provisions of I.T.Act. Therefore, the Grounds of Appeal No.1 to 4 are hereby dismissed." 5. Aggrieved by the orders of the CIT(A), the assessee has filed the present appeals before the Tribunal. At the time of hearing, the learned AR Sri.Navneet S.Kini, CA has filed a letter dated 07.12.2022, wherein it is submitted that the issue in question is covered in favour of the assessee by the order of the Tribunal in the case of Ms.Brinda Ramakrishna v. ITO in ITA No.454/Bang/2021 (order dated 17.11.2021). 6. The learned Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, even if it involves long drawn process of reasoning, the answer to the question can be only one and in such circumstances, proceedings u/s.154 of the Act, can be resorted to. Even otherwise the ground on which the revenue authorities rejected the Assessee's application u/s.154 of the Act was not on the ground that the issue was debatable but on merits. I therefore do not agree with the submission of the learned DR in this regard." 8. Similar view has been held by the Bangalore Bench of the Tribunal in the case of 42 Hertz Software India (P) Ltd. v. ACIT reported in (2022) 139 taxmann.com 448 (Bang-Trib.). Since the facts of the instant case are identical to the facts considered by the Bangalore Bench orders, cited supra, we hold tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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