9911796707
TMI Blog2025 (1) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... me under the head "salary". During the year under consideration, the appellant worked with Microsoft Global Services Center (India) Private Limited. On an international assignment, she went to United States of America for the period 01.01.2017 to 05.07.2018. The appellant filed the revised Return u/s. 139(5) for the A.Y.2019-20 on 31.03.2020 declaring total income of Rs. 65,25,060/- after claiming credit for Foreign Tax paid of Rs. 7,34,421/- u/s. 90(2) of the Act read with the Article 25(2)(a) of the India-USA Treaty. However, the Form No.67 was filed by the appellant on 23.03.2020. The CPC, Bangalore, vide Intimation dated 18.02.2021 denied the Foreign Tax Credit claimed by the assessee at Rs. 7,34.421/-, as Form No.67 was not filed withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for filing of the return of income as specified under the provisions of section 139(1) of the Income Tax Act, 1961 ('the Act'). Admittedly, in the present case, Form No.67 was not filed within the due date for filing of the return of income under the provisions of section 139(1), but Form No.67 was filed on 23.03.2020. The CPC, Bangalore had processed the return of income as on 18.02.2021, which means that Form No.67 was very much available with the CPC, Bangalore. Therefore, the CPC, Bangalore cannot deny the claim for credit for foreign tax paid merely because Form No.67 was not filed within the due date specified for filing the return of income under the provisions of section 139(1) of the Act, as it is merely directory in nature. Our vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form No.67 was not filed within the due date specified for filing the return of income under the provisions of section 139(1) of the Act, as it is merely a directory. Therefore, I direct the CPC, Bangalore to amend the Intimation u/s 143(1) of the Act by taking into consideration the Form No.67 filed by the appellant. Accordingly, the grounds of appeal filed by the assessee stands partly allowed." 8. In light of above, we direct the Jurisdictional Assessing Officer to allow the alleged Tax Credit by taking into consideration the Form No.67 filed by the appellant but after due verification. Accordingly, the grounds of appeal raised by the assessee stands allowed. 9. In the result, the appeal of the assessee is allowed. Order pronounced o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
