Tribunal held that the time-limit for filing Form No. 67 specified in R. 128(9) as it stood prior to 1st April, 2022 is directory in nature. AO as well as the CIT(A) having denied assessee’s claim for foreign tax credit despite the fact that Form No. 67 and its accompaniments were uploaded on the portal well before the issuance of intimation under s. 143(1). The matter is remanded back to the CIT(A) to give due credit to the USA income of the assessee and FTC as claimed after due verification. (AY. 2020-21)
Ashish Sood v. DCIT (2024) 229 TTJ 693 / 237 DTR 247 / 38 NYPTTJ 512 (Chd)(Trib)
S. 90 :Double taxation relief-Credit for tax paid abroad-Directory-Form No. 67 was filed and uploaded on portal on 18th Oct., 2021 on two months prior to intimation-Matter remanded to the CIT(A) to give credit to the USA income of the assessee and FTC as claimed after due verification.[S. 91, 13991), 143(1), Form No 67. R. 128(9)]
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