Assessee filed its return claiming foreign tax credit (FTC). The Assessing Officer denied foreign tax credit (FTC) on ground that assessee had not filed Form No. 67 within due date of filing return. CIT(A) dismissed thee appeal. On appeal the Tribunal held that that Rule 128(9) of Rules does not provide for disallowance of FTC in case of delay in filing Form No. 67; filing of Form No. 67 is not mandatory but a directory requirement; and that non-furnishing of Form No. 67 before due date under section 139(1) is not fatal to claim for FTC. Followed Vinodkumar Lakshmipathi v. CIT (Appeals) NFAC, Delhi (2022) 145 taxmann.com 235 (Bang)( Trib) and directed the Assessing Officer to allow foreign tax credit as per Form 67 filed after due verification. (AY. 2021-22)
Deepak Shimoga Padmaraju (2024) 206 ITD 803 (Bang) (Trib.)
S. 90 : Double taxation relief-Foreign tax-Non-furnishing of Form No.67 before the due date under section 139(1) is not fatal to claim for foreign tax credit-Assessing Officer is directed to allow foreign tax credit as per Form 67 filed after due verification.[R. 128(9), Form No 67]
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