9911796707
TMI Blog2023 (12) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... against the intimation/order dated 24/12/2021, passed by the Assistant Director of Income Tax, CPC under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The Appellant has raised the following grounds of appeal: "1. Re.: Relief u/s 90 of the Act denied: 1.1 The learned CIT(A) has erred in confirming the Order of Centralized Processing Center ("CPC"), Bengaluru by denying the relief claimed under section 90 of the Act of INR 5,96,871,, in the revised return of income. 1.2 The learned CIT(A) has erred in denying the relief on the ground that the Appellant has not filed Form-67 within the due date of filing of return of income prescribed under section 139(1) of the Act without appreciating the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal at or before the hearing of the appeal." 3. The Appellant, a citizen of India, filed her income-tax return for Assessment Year 2020-21, electronically on 30/12/2020. Subsequently, the Appellant filed a revised return of income on 31/03/2021 declaring total income of INR 88,29,220/- including allowances and perquisites received in USA and claiming a relief under Section 90 of the Act of INR 5,96,871/-. Prior to the filing of revised return of income, the Appellant had also filed Form 67, electronically vide Acknowledgement No. 330503910310321, providing the details of relief claimed under Section 90 of the Act. The revised return was processed under Section 143(1) of the Act on 24/12/2021. On perusal of the Intimation, the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed. However, taking strength from the ratio laid down by the Hon'ble Supreme Court in the case of Bharat Hari Singhania v/s CIT(supra) and also the express provisions of Sec 90 of the I.T. Act providing for making rules for implementation of agreement between the central government and foreign government with respect to credit of foreign tax, the decision of the Hon'ble ITAT in the case of Sonakshi Sinha v/s CIT (supra) is not followed. 5.3.6 Reiterating the facts of the case of the appellant that the return of income for AY 2019-20 was filed by the appellant on 20.07.2019 and form No. 67 was filed on 30.10.2020. The reasons given by the appellant for not filing Form No. 67 before the filing of return of income is that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 1962 provides that the statement in Form No. 67 referred to in clause (i) of sub-rule (8) and the certificate or the statement referred to in clause (ii) of sub-rule (8) shall be furnished on or before the due date specified for furnishing the return of income under sub-section (1) of section 139, in the manner specified for furnishing such return of income. We find that coordinate bench in 42 Hertz Software India (P.) Ltd. (Supra) wherein following its earlier order in the case of Ms. Brinda Rama Krishna (supra) it was held that "one of the requirements of rule 128 for claiming FTC is that Form 67 is to be submitted by assessee before filing of the returns and that this requirement cannot be treated as mandatory, rather it is directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rule, which does not provide for any consequence, if not complied with. Therefore, respectfully following the decisions of the coordinate bench on this issue, we hold the assessee is eligible for foreign tax credit, as she has filed form number 67 before completion of the assessment, though not in accordance with rule 128 (9) of The Income-tax Rules, which provided that such form shall be filed on or before the due date of filing of the return of income. Accordingly, ground number 2 of the appeal of the assessee is allowed." 9. In the aforesaid case, it was held by the Tribunal that the Appellant would be eligible to foreign tax credit where Form No. 67 is filed before the completion of assessment for the relevant assessment year. During ..... X X X X Extracts X X X X X X X X Extracts X X X X
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