ANIL KUMAR AHUJA,DELHI vs. DCIT, CIRCLE 59(1), DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the timely filing of Form 67 is a directory, not mandatory, provision. Therefore, the disallowance of foreign tax credit was incorrect.
What were the facts?
The assessee appealed against the order disallowing foreign tax credit due to late filing of Form 67. The due date for filing was August 31, 2019, but Form 67 was filed on September 29, 2020.
What were the issues?
Whether the timely filing of Form 67 is a mandatory or directory requirement for claiming foreign tax credit?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Deepak Pragjibhai Gondaliya v. PCIT3 citing175 Taxmann.com 985 · 2025 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2019-20 Anil Kumar Ahuja, Vs DCIT, 82, Shankar Vihar, Vikas Marg, Circle-59(1), New Delhi-110092 New Delhi (APPELLANT) (RESPONDENT) PAN No. AHBPA5554F Assessee by: Sh. Sameer, AR Revenue by : Ms. Indu Bala Saini, Sr. DR Date of Hearing: 26.06.2025 Date of Pronouncement: 26.06.2025 ORDER This assessee’s appeal for Assessment Year 2019-20, arises against the Addl./JCIT(A)-6, Kolkata’s DIN & order No. ITBA/APL/S/250/2024-25/1072451030(1) dated 23.01.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
A perusal of the case file indicates at the outset that both the learned lower authorities have refused to grant foreign tax credit benefit to the assessee for the sole reason that he had filed the corresponding prescribed Form 67 on 29.09.2020 as against the “due” date u/s 139(1) of the Act coming to 31.08.2019, in the CPC’s proceedings dated 17.03.2021 and upheld in lower appellate discussion.
Anil Kumar Ahuja 4. Learned departmental representative vehemently argues that the above compliance to the timely filing Form 67 at the assessee’s behest is a mandatory provision; and, therefore, both the lower authorities have rightly disallowed the assessee’s impugned foreign tax credit. I find no merit in the Revenue’s instant argument in light of Deepak Pragjibhai Gondaliya Vs. PCIT (2025) 175 taxmann.com 985(Guj.) having settled the issue that the above compliance of timely Form 67 submission is directory than a mandatory provision. I accordingly accept the assessee’s instant sole substantive ground in principle and direct the Assessing Officer to finalize it’s computation as per law after verification of all the relevant facts.
More judgments on Section 139(1)
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Nitinbhai Nanalal Badani, Rajkot vs CIT (Appeals), National Faceless Appeal…ITA 658/RJT/2025[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Nitinbhai Nanalal Badani, Rajkot vs CIT(Appeals), National Faceless Appeal…ITA 485/RJT/2025[2022-23]Status: Disposed19 Oct 2026AY 2022-23
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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