9911796707
TMI Blog2022 (4) TMI 1537X X X X Extracts X X X X X X X X Extracts X X X X ..... above additions and disallowance without giving an adequate opportunity of being heard and by not observing the principles of natural justice. 2. That having regard to the facts and circumstances of the case, the learned Assessing Officer has erred in law and on facts that the tax credit should not be denied due to a procedure lapse of not filing the Form 67 within the due date as specified Rule 128(9). 3. That having regard to the facts and circumstances of the case. the learned Assessing Officer has erred in law and on facts that requisite taxes paid are eligible for the Foreign Tax Credit as per Indo-American DTAA. 4. That having regard to the facts and circumstances of the case, the learned Assessing Officer has erred in law and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear and has earned salary in foreign currency. During the year under consideration, the assessee declared total income of Rs.25,97,669/- out of which the income earned outside India is Rs.29,62,743/-. While processing the return of income, the CPC has made addition of Rs.3,29,045/- as the CPC has not taken into consideration the details of tax credit as claimed under section 90 of the Act. Subsequently, the assessee filed rectification under section 154 of the Act and the CPC transferred the rectification rights to the jurisdictional AO. The assessee made a rectification application dated 11.01.2020 providing details of copy of Form 16 issued by the employer viz., M/s. Infosys Ltd., Bengaluru and a copy of Form 67 was filed. Later on, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling of the returns. In our view, this requirement cannot be treated as mandatory, rather it is directory in nature. This is because, Rule 128(9) does not provide for disallowance of FTC in case of delay in filing Form No.67. This view is fortified by the decision of coordinate bench of this Tribunal in case of Ms.Brinda Kumar Krishna vs.ITO in ITA no.454/Bang/2021 by order dated 17/11/2021. 7. It's a trite law that DTAA overrides the provisions of the Act and the Rules, as held by various High Courts, which has also been approved by Hon'ble Supreme Court in case of Engineering Analysis Centre of Excellence (P.) Ltd. reported in (2021) 432 ITR 471. 8. We accordingly, hold that FTC cannot be denied to the assessee. Assessee is directed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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