ANIL KUMAR AHUJA,DELHI vs. DCIT, CIRCLE 59(1), DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
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 2 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 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.
This assessee’s appeal is allowed in above terms. Order Pronounced in the Open Court on 26/06/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 26/06/2025
*Subodh Kumar, Sr. PS*