SUKDEV SEN,NAVI MUMBAI vs. ACIT, CIR. 61, KOLKATA

ITA 78/KOL/2024Status: DisposedITAT Kolkata24 April 2024AY 2017-18Bench: Shri Rajesh Kumar (Accountant Member), Shri Sonjoy Sarma (Judicial Member)14 pages
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What did the Tribunal hold?

The Tribunal held that the requirement to file Form No. 67 is procedural and directory, not mandatory. Merely delaying the filing of Form No. 67 should not preclude the assessee from claiming FTC, especially when filed before the assessment is completed.

What were the facts?

The assessee claimed Foreign Tax Credit (FTC) of Rs. 21,89,828/-. The Assessing Officer disallowed this claim because Form No. 67 was filed after the due date for filing the return of income, as required by Rule 128. The CIT(A) confirmed this disallowance.

What were the issues?

Whether the delayed filing of Form No. 67 makes the claim for Foreign Tax Credit invalid, and if Rule 128 is mandatory or directory.

Which sections of the Income-tax Act were involved?

Section 90

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Before: Shri Rajesh Kumar & Shri Sonjoy Sarma

Per Rajesh Kumar, Accountant Member:

The present appeal is filed by the assessee for the assessment year 2017-18 against the order dated 06.12.2023 of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

The assessee has raised following grounds of appeal:-

“1. That the Order passed by the Ld.

The order continues below.

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