SURESH KUMAR VOBBILISETTY,HYDERABAD vs. INCOME TAX OFFICER, INTERNATIONAL TAXATION-2, HYDERABAD

ITA 1204/HYD/2024Status: DisposedITAT Hyderabad07 March 2025AY 2021-2022Bench: Shri Vijay Pal Rao (Vice President), Shri Madhusudan Sawdia (Accountant Member)11 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the filing of Form 67 is a directory requirement and not mandatory. Therefore, the FTC cannot be denied solely on the ground of delay in filing Form 67, especially when Double Taxation Avoidance Agreements (DTAA) provisions override the Act and Rules.

What were the facts?

The assessee claimed Foreign Tax Credit (FTC) under Section 91 of the Income Tax Act. The CPC denied the claim because Form 67 was filed beyond the due date for filing the return of income. The assessee appealed this decision.

What were the issues?

Whether denial of Foreign Tax Credit is justified solely due to the delayed filing of Form 67, considering the provisions of DTAA and the directory nature of the rule.

Which sections of the Income-tax Act were involved?

Section 91,Section 139(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(15)Show 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.

Income Tax Appellate Tribunal, Hyderabad ‘ SM- A‘ Bench, Hyderabad

Before: Shri Vijay Pal Rao, Vice-Shri Madhusudan Sawdia

Hearing: 15/01/2025

Per Vijay Pal Rao, Vice President

This appeal filed by the assessee is directed against the order dated 24/0-9/2024 of the learned CIT (A)/ADDL/JCIT(A)-4, Chennai, for the A.Y.2021-22. 2. The assessee has raised the following grounds of appeal:

3.

The only issue arises in this appeal of the assessee is whether in the facts and circumstances of the case, the first appellate authority is justified in confirming the action of CPC in denying the Foreign Tax Cred

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 91

All 252 judgments and leading authorities on Section 91 →

Recent GST High Court judgments

Search GST case law →