SIDDHARTH JAIN,GREEN WOOD CITY GURGAON,HARYANA vs. JOINT COMMISSIONER OF INCOME TAX, HOLDING CHARGE OF DCIT, CR BUILDING, JAIPUR ROAD, AJMER

ITA 598/JPR/2026Status: DisposedITAT Jaipur16 September 2026AY 2021-20226 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the time limit for filing Form 67 under Rule 128(9) is directory, not mandatory, and foreign tax credit cannot be denied solely for belated filing. It also found a mistake apparent from the record in the CPC's computation.

What were the facts?

The assessee claimed foreign tax credit for US dividend income, filing Form 67 after the due date but before the revised return. The CPC initially processed the return without demand, but later withdrew the credit and raised a demand. The CIT(A) dismissed the appeal, holding that Form 67 filing was mandatory by the due date.

What were the issues?

Whether the belated filing of Form 67 bars the claim for foreign tax credit, and if the CPC's inconsistent computation constitutes a mistake apparent from the record.

Which sections of the Income-tax Act were involved?

Section 90,Section 139(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, JAIPUR

Before: Shri T.R. Senthil Kumar & Shri Prakash

PER : PRAKASH, ACCOUNTANT MEMBER:-

1.

This appeal by the Assessee is directed against the order of the learned Additional/Joint Commissioner of Income Tax (Appeals)-1, Nashik [he- reinafter referred to as “the learned CIT(A)”] dated 29.01.2026 passed under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) arising out of the rectification order dated 15.05.2024 passed under section 154 of the Act by the Centralised Processing Centre, Ben- galuru (hereinafter referred to as “the CPC”) for the assessment year 2021-22. 2. The Assessee has raised six grounds of appeal in Form No.

36.

Ground 1 challenges the juri iction to make the adjustment whil

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 90

All 1,075 judgments and leading authorities on Section 90 →

Recent GST High Court judgments

Search GST case law →