RAJESH BABASHANKAR,CHENNAI vs. ASSISTANT DIRECTOR OF INCOME TAX, CENTRALIZED PROCESSING CENTRE, BENGALURU

Aforesaid appeals by assessee for Assessment Years (AYs) 2018-19, 2019-20 & 2022-23 arises out of an orders of even date 08.01.2024 passed by the ADDL./JCIT (A)-2, Office of the Commissioner of Income Tax (Appeals), JAIPUR in the matter of an intimation issued by CPC u/s 143(1) of the Act on 04-12-2020, 19.03.2021 and 07.07.2023 denying Foreign Tax Credit of Rs.3,54,423/-, Rs.3,64,612/- and Rs.5,24,379/- respectively since the assessee did not file Form 67 along with the return of income. The assessee filed this forms on 14.12.2020, 31.08.2019 and 22.11.2022 respectively. The Ld. CIT(A) confirmed the denial of Foreign Tax Credit considering the provisions of Rule 128 (8) &(9) which mandate the assessee to file this form along with the return of income. Aggrieved, the assessee is in further appeal before us.

During hearing none has appeared for assessee. The Ld. Sr. DR has pleaded for dismissal of the appeals.

We find that this issue has been decided in favour of the assessee’s by the Co-ordinate Bench in the case of ITO vs. Smt. Chengam Durga (ITA No.1491/Chny/2023 dated 08-04-2024). The Bench considering the decision of Hon’ble High Court of Madras in the case of Duraiswamy Kumaraswamy in WP No.5834 of 2022 & ors. order dated 06.10.2023 held that filing of this form in terms of Rule 128 was only directory in nature. The rule is only for the implementation of the provisions of the Act and it would always be directory in nature. Respectfully following the same, we direct Ld. AO to grant impugned Foreign Tax Credit to the assessee.

In the result, the appeals filed by the assessee in 617 &618/Chny/2024 for assessment Years 2018-19, 2019-20 & 2022-2023 stand allowed.