KETAN KANCHAN SHRIVASTAVA,ALLAHABAD vs. ACIT, CIR-1, ALLAHABAD

ITA 2/ALLD/2023Status: DisposedITAT Allahabad08 June 2026AY 2020-2110 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the requirement of filing Form 67 is directory, not mandatory, and the delay was due to genuine reasons caused by the pandemic. Therefore, the assessee is eligible for the Foreign Tax Credit.

What were the facts?

The assessee claimed Foreign Tax Credit (FTC) of Rs. 16,03,389/- in his return of income. However, Form 67, required for claiming FTC, was filed beyond the due date due to the COVID-19 pandemic. The CPC rejected the claim, and subsequent appeals and rectification applications were also dismissed.

What were the issues?

Whether the delay in filing Form 67 for claiming Foreign Tax Credit warrants disallowance, and if rectification proceedings under Section 154 are appropriate for such claims.

Which sections of the Income-tax Act were involved?

Section 90,Section 143(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD

Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI NIKHIL CHOUDHARY

For Appellant: Shri N. C. Agarwal, C.A

PER SUDHANSHU SRIVASTAVA, J.M.:

This appeal has been preferred by the Assessee against the order dated 25.11.2022, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Year 2020-21. 2.0 The brief facts of the case are that the assessee was an employee of Nokia Solutions & Networks and was in Finland during the year under consideration. The assessee filed his return of income for the year under consideration on 09.01.2021 and claimed relief under section 90 of the Income Tax Act, 1961 (hereinafter called 'the Act’) of Rs.16,03,389/- being Foreign Tax Credit (FTC). The Centralized Processing Centre (CPC) processed

ITA No.2/ALLD/2023 the return of the assessee and vide intimation under section 143(1) of the Act, dat

The order continues below.

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