VAIBHAV DAS MUNDHRA,KOLKATA vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC,, BANGALORE

ITA 35/KOL/2025Status: DisposedITAT Kolkata29 December 2025AY 2021-2022Bench: SHRI SONJOY SARMA (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the filing of Form 67 is directory, not mandatory. Therefore, a delay in filing Form 67 should not preclude the assessee from claiming foreign tax credit, especially when supported by judicial precedents.

What were the facts?

The assessee claimed foreign tax credit for taxes paid in Singapore. However, Form 67 was filed late, leading the Assessing Officer to deny the credit. The CIT(A) upheld this denial, citing the procedural requirement of filing Form 67 within the due date.

What were the issues?

Whether the delay in filing Form 67 can lead to the denial of foreign tax credit, and if the provisions of DTAA override procedural rules.

Which sections of the Income-tax Act were involved?

Section 90,Section 91

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Income Tax Appellate Tribunal, KOLKATA ‘D’ BENCH, KOLKATA

Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Addl/JCIT(A)-3, Mumbai [hereinafter referred to as Ld. ‘Addl/JCIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2021-22 dated 05.12.2024. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal:

“1. That on the facts and in the circumstances of the case, the disallowance and/or denial of claims and/or relief, imposition of tax and interest with reference thereto, quantification of taxable income and the tax liability, including interest, by the Ld. Assistant Director of Income Tax, CPC, Bangalore, (ADI

The order continues below.

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