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Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE
Before: SHRI SATBEER SINGH GODARA
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.
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 :
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.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the open Court on 02.05.2024.