SHALABH ARORA,GAUTAM BUDH NAGAR vs. ITO, WARD-5.3.4, NOIDA

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

“1. That CIT (A) ought not to have denied the claim of the assessee with regard to the credit of foreign taxes paid outside India on salary income merely on the ground that Form No 67 was not furnished before due date as prescribed u/s 139(1) of the Act, overlooking the time extended u/s 139(1) for filing the ITR from time to time during the covid period and finally up to 10th January, 2021.

2. Without prejudice to ground no 1 above the learned CIT- A ought not to have disallowed the claim of credit of foreign taxes paid outside India without appreciating the Shalabh Arora reconciliation of claim provided in Form 67 and as explained before him in submission.” 3. The credit to taxes paid outside India has not been given by the revenue authorities under the impression that the assessee failed to furnish Form 67 before the due date. It was brought to our notice that the due date has been extended upto 10.01.2021. Hence, the matter is being referred to the file of the JAO to consider the extended due date and accord due credit for the taxes paid.