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TMI Blog2024 (4) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;NFAC") erred in not directing rectification of intimation u/s. 143(1) dated 13.10.2022, wherein claim of Foreign Tax Credit u/s. 90 had not been allowed to the Assessee. 2. On the facts and in the circumstances of the case and in law, the National Faceless Appeal Centre ('NFAC') erred in returning findings at Para 6 which were never subject matter of the intimation u/s. 143(1) nor order u/s. 154 dated 24.01.2023, and were never confronted to the Assessee during appeal. 3. On the facts and in the circumstances of the case and in law, the National Faceless Appeal Centre ('NFAC') erred in returning adverse inferences as to late filing of Form 67, without even enquiring into reasons thereof. 4. On the facts and in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or before the due date specified for furnishing the return of income under sub-section (1) of section 139 of the Act. For assessment year under consideration, AY 2021-22, the due date for filing of return u/s. 139(1) was 31.07.2021, which was extended to 31.12.2021, however, the appellant has furnished Form 67 on 03.08.2022 i.e., after the extended due date of filing the return of income u/s. 139(1) for A.Y. 2021-22. Here, the word used in the Rule 128(9) is "shall be furnished", and not "may be", therefore, it is mandatory for the assessee to furnish form 67 on or before the date specified u/s. 139(1) to claim relief u/s. 90/91 of the Act. 6.5. On bare perusal of the Rule 128(9), I find that there cannot be a second opinion that for cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed within the date as per sec. 139(1) of the Act. In view of the above facts, I am of the view that the AO has not erred in law and in facts by rejecting rectification application filed u/s. 154 vide its order dated 24.01.2023. Therefore, the action of the AO in not amending the intimation u/s. 143(1), wherein the claim of Foreign Tax Credit of Rs. 21,25,827/- has not been allowed following the applicable IT Act/Rules for the year under consideration, is upheld. 6.8. In view of the aforesaid facts and discussions made, no interference is called for in the action of the AO-CPC in disallowing the claim of Foreign Tax Credit in the order u/s. 154 dated 24.01.2023. Ground nos. 2 and 3 are, accordingly, dismissed." 7. Thus, the sole basis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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