TANMOY GHOSH,MAHARASHTRA vs. CIRCLE-3(3)(1), BANGALORE

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ITA 550/BANG/2022Status: DisposedITAT Bangalore25 August 2022AY 2018-194 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the delay in filing Form 67 is a procedural lapse and not a mandatory condition for disallowing FTC, especially when the DTAA provisions override the Act. The FTC cannot be denied solely for this reason.

What were the facts?

The assessee claimed foreign tax credit (FTC) on salary income based on the India-UK DTAA. The claim was rejected by the CIT(A) due to a delay in filing Form 67 beyond the due date for filing the return of income.

What were the issues?

Whether foreign tax credit can be denied for a delay in filing Form 67, despite the provisions of a Double Taxation Avoidance Agreement (DTAA).

Which sections of the Income-tax Act were involved?

Section 139(1)

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Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SMT. BEENA PILLAI & SHRI LAXMI PRASAD SAHU

For Appellant: Dr. Manjunath Karkihalli

ORDER

PER BEENA PILLAI, JUDICIAL MEMBER

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