Held, allowing the appeal the Tribunal held that mere delay in filing form 67 under the provisions of rule 128(9) of the Income-tax Rules, 1962, as they stood during the year under consideration, would not preclude the assessee from claiming the benefit of foreign tax credit in respect of tax paid outside India. Since the claim of the assessee was denied on this technical aspect, the Assessing Officer was to decide the claim of the foreign tax credit on the merits, after accepting form 67 and other related documents filed by the assessee.(AY.2019-20)
Nirmala Murli Relwani v. ADIT (2022)100 ITR 64 (SN)/(2023) 198 ITD 603 (Mum) (Trib)
S. 91 : Double taxation relief-Countries which no agreement exists-Foreign tax credit-Delay in filing Form 67-Entitle to claim Foreign tax credit. [S. 139(5), R. 128(9) Form, 67]