TANMOY GHOSH,MAHARASHTRA vs. CIRCLE-3(3)(1), BANGALORE
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?
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Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Engineering Analysis Centre of Excellence (P) Ltd. v. CIT914 citing432 ITR 471 · 2021 · SC · Read judgment
Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE
Before: SMT. BEENA PILLAI & SHRI LAXMI PRASAD SAHU
ORDER
PER BEENA PILLAI, JUDICIAL MEMBER
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