ITO, INDORE vs. FARHAN KHAN, INDORE

ITA 985/IND/2025Status: DisposedITAT Indore10 July 2026AY 2024-2513 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CIT(A) correctly allowed the foreign tax credit as Form 67 was filed belatedly with all required details. The Tribunal found no inconsistency in the CIT(A)'s order and the Revenue failed to provide any binding precedent.

What were the facts?

The assessee claimed foreign tax credit for taxes paid in the UK. The return was processed by CPC denying the credit due to belated filing of Form 67. The CIT(A) allowed the credit, relying on judicial precedents that Form 67 is directory, not mandatory.

What were the issues?

Whether belated filing of Form 67 bars the claim of foreign tax credit under Section 90 of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 90

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI Dr. MANISH BORAD & SHRI PARESH M. JOSHI

For Appellant: Shri Manish Dafaria, AR
For Respondent: Shri Binay Kumar Rai, Sr. DR
Hearing: 09.07.2026

PER Dr. MANISH BORAD, A.M: This appeal of Assessee pertaining to A.Y. 2024-25 is directed against the order of First Appellate Authority

ITA No.985 of 2025 2

dated 25.9.2025 which is arising out of the order u/s 143(1) of the Income Tax Act 1961 (hereinafter called as the ‘Act’) framed on 06.05.2025 by CPC.

2.

The sole grievance of the Revenue is that the ld. CIT(A) erred in allowing foreign tax credit of Rs.25,55,529/-, even when the assessee has filed the form 67 belatedly.

3.

We have heard the rival contentions, perused the record placed before us. We observe that the assessee is an individual and filed return of income for A.Y.2024-25 on 18.07.2024 declaring total income of Rs.97,05,780/- o

The order continues below.

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