RAHUL ANAND,KOLKATA vs. A.D.I.T., CPC,, BANGALORE

ITA 1497/KOL/2024Status: DisposedITAT Kolkata06 December 2024AY 2019-2020Bench: SHRI SONJOY SARMA (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)10 pages
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What did the Tribunal hold?

The Tribunal held that the non-filing of Form-67 within the prescribed time limit does not preclude the assessee from claiming FTC. The Tribunal directed the Assessing Officer to allow the FTC in accordance with the DTAA.

What were the facts?

The assessee claimed foreign tax credit (FTC) in his return of income but did not file Form-67 by the due date. The FTC was disallowed by the CPC and the CIT(A) upheld this decision, citing the procedural requirement of filing Form-67 before the return.

What were the issues?

Whether the failure to file Form-67 within the due date bars the claim for foreign tax credit, and if DTAA provisions override procedural rules.

Which sections of the Income-tax Act were involved?

Section 90,Section 143(1),Section 139(1)

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Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA

Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA

For Appellant: Shri Rajat Agarwal, AR
For Respondent: Shri Supriya Pal, DR
Hearing: 24.09.2024Pronounced: 06.12.2024

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Ld. Commissioner of Income-tax (Appeals), Kolkata-22 (hereinafter referred to as “the Ld. CIT (A) ”) passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2019-20 dated 16.05.2024, which has been passed against the intimation u/s 143(1) of the Act issued by the CPC, Bengaluru.

2.

The grounds of appeal raised by the assessee are reproduced as under:

“(1) For that Commissioner of Income Tax Appeal-22, Kolkata (in short "CIT (A)") erred on only relying on procedural Notification No. 9 dated 19 September 2017 for not filing Form-67 before

The order continues below.

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