ANINDYA SARKAR,KOLKATA vs. A.D.I.T., CPC, BENGALURU, BENGALRU

ITA 1345/KOL/2024Status: DisposedITAT Kolkata26 July 2024AY 2020-2021Bench: SHRI SANJAY GARG (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)14 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the delay in filing Form 67 should not preclude the assessee from claiming foreign tax credit, as the DTAA provisions override the Act and grant a vested right. The AO is directed to allow the foreign tax credit.

What were the facts?

The assessee, an Indian resident employed in Singapore, claimed foreign tax credit for taxes paid in Singapore. The credit was disallowed due to the late filing of Form 67, which is required for claiming foreign tax credit. The assessee's rectification applications were also rejected.

What were the issues?

Whether the delay in filing Form 67 can lead to the denial of foreign tax credit despite the provisions of a DTAA. Whether Rule 128(9) is mandatory or directory in nature.

Which sections of the Income-tax Act were involved?

Section 90,Section 139(1)

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Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: SHRI SANJAY GARG & SHRI RAKESH MISHRA

For Appellant: Shri C.M. Roy, C.A
For Respondent: Shri Subhro Das, Addl. CIT, Sr. DR
Hearing: 11.07.2024Pronounced: 26.07.2024

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 2020-21 dated 17.05.2024 passed against the rectification order u/s. 154 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) by the Assistant Director of Income Tax, CPC, Bengaluru, dated 07.06.2022. 2. The grounds of appeal raised by the assessee are reproduced as under:

“1. That the learned CIT(A) has erred in disallowing the foreign tax credit due to delay in submission of Form

The order continues below.

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