Tribunal held that rule 128(9) of Rules does not provide for disallowance of Foreign Tax Credit (FTC) in case of delay in filing Form 67 and, therefore, filing of Form 67 is a directory requirement, but not a mandatory one inasmuch as DTAA which overrides Act as well as Rules, vests a right in assessee to claim credit thereof. (AY. 2019-20)
Ashish Agrawal. v. ITO (2023) 203 ITD 562 (Hyd)(Trib.)
S. 90 : Double taxation relief-Foreign tax credit (FTC) cannot be disallowed for delay in filing Form 67 as filing of Form 67 is a directory requirement-DTAA-India-USA. [R. 128(9), Form, 67, Art. 25]