ANIRUDDHA RAJU PATKI,PUNE vs. INCOME TAX OFFICER, WARD-13(2), PUNE, PUNE

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ITA 232/PUN/2024Status: DisposedITAT Pune02 May 2024AY 2019-20Bench: SHRI SATBEER SINGH GODARA (Judicial Member)5 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the compliance with filing Form-67 within the due date for filing the return under Section 139(1) is directory, not mandatory. Therefore, the denial of FTC solely on this ground was incorrect.

What were the facts?

The assessee claimed Foreign Tax Credit (FTC) for AY 2019-20. The CPC denied this relief, and the lower appellate authority upheld the denial. The assessee appealed to the ITAT.

What were the issues?

Whether the requirement to file Form-67 within the due date for filing the return is mandatory or directory for claiming Foreign Tax Credit.

Which sections of the Income-tax Act were involved?

Section 139(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE

Before: SHRI SATBEER SINGH GODARA

Hearing: 19.03.2024Pronounced: 02.05.2024

ORDER PER SATBEER SINGH GODARA, J.M. :

This assessee’s appeal for assessment year 2019-20, arises against the Addl./JCIT(A)-6, Chennai, Chennai’s Din and Order No. ITBA/APL/S/250/2023-24/1058673737(1), dated 12.12.2023, involving proceedings u/s.143(1) of the Income Tax Act, 1961 (in short “the Act”).

Case called twice. None appears at assessee’s behest. He is accordingly proceeded ex-parte.

2.

The assessee pleads the following substantive grounds in the instant appeal :

2 ITA.No.232/PUN./2024 3 ITA.No.232/PUN./2024 4 ITA.No.232/PUN./2024 3. I next note that the learned lower appellate authority has upheld the CPC’s processing dated 08.03.2021 denying the relief on Foreign Tax Credit [“FTC”] to the assessee as under :

4.

Mr. Mehta vehemently argued during the course of hearing that both the learned lower authorities have rightly disallowed the assessee’s claim in light of Rule 127 of I. Tax Rules, 1963 once the assessee had not filed the corresponding Form-67 within “due” date for filing return u/sec.139(1) of the Act. He 5 ITA.No.232/PUN./2024 strongly contested the assessee’s pleadings by submitting that the foregoing Rule 127 of the I.T. Rules has to be mandatorily complied with going by the principles of stricter construction. I find in this factual backdrop that the instant issue is no more res integra in light of Duraiswamy Kumaraswamy vs. CIT [2023] 156 taxmann.com 445 (Mad.) wherein their lordships’ have already concluded that the above stated compliance is only directory than mandatory in nature. Faced with this situation, I accept the assessee’s instant sole substantive ground in principle and direct the CPC/Assessing Officer herein to verify and finalise the consequential computation as per law. Ordered accordingly.

5.

This assessee’s appeal is allowed for statistical purposes in above terms.

Order pronounced in the open Court on 02.05.2024.

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