Assessee executed certain project in Kenya and earned profits which were taxable in India as well as Kenya. Assessee filed return on 27-11-2014 and claimed relief in respect of tax paid in Kenya as per section 90/91. Assessing Officer invoked rule 128 and denied said claim on ground that Form no. 67 was required for availing tax credit. Tribunal held that rule 128 which was inserted by Income-tax 18th Amendment Rules, 2016 was made applicable with effect from 1-4-2017, thus, same could not be made applicable for relevant assessment years. Assessing Officer is directed to allow credit of tax paid in Kenya after due verification and after affording an opportunity of being heard to assessee. (AY. 2015-16, 2016-17)
KEC International Ltd. v. DCIT (2024) 207 ITD 193 (Mum) (Trib.)
S. 90 : Double taxation relief-Tax credit-Tax paid in Kenia-Rule 128 was inserted by Income-tax (18th Amendment) Rules, 2016 and was made applicable with effect from 1-4-2017,-Could not be made applicable for relevant assessment years-Claim is allowed-DTAA-India-Kenia [S.91, R. 128, Form No 67, Art. 25]
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