Assessee filed its return claiming credit of tax paid in USA. Assessing Officer disallowed said credit on ground that assessee had not filed Form No. 67 within due date. Commissioner (Appeals) allowed assessee’s claim of foreign tax credit. Tribunal held that since rule 128 is directory in nature and assessee had duly filed its Form No. 67, Commissioner (Appeals) is rightly directed Assessing Officer to grant foreign tax credit.(AY. 2020-21)
DCIT v. Prabha Nageshwar Rachakondawar. (2024) 207 ITD 162 (Nagpur) (Trib.)
S. 90 :Double taxation relief-Rule 128 is directory in nature and not mandatory and, thus, foreign tax credit could not be denied to assessee merely on ground that Form No. 67 was filed belatedly.[Rule 128, Form No 67]
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