Assessee submitted that at time of filing of income tax return in India, assessee had not claimed credit of foreign tax payable as no tax for year under consideration was determined and paid in USA at that time and also tax return was not filed in USA; that subsequently assessee had to pay taxes in USA and so it raised claim of foreign tax credit before Assessing Officer by way of application in accordance with Rule 128 of Income-tax Rules, 1962. The Assessing Officer rejected to give such credit. On appeal the Tribunal held that since Revenue had agreed that foreign tax credit might be allowed to assessee as per India-USA Treaty, Assessing Officer should allow claim of assessee in accordance to law. Matter remanded. (AY. 2014-15)