AJAY KUMAR MISHRA,GURGAON vs. DCIT, CIRCLE-1(1), GURGAON

ITA 1835/DEL/2022Status: DisposedITAT Delhi17 April 2023AY 2018-1913 pages
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What did the Tribunal hold?

The Tribunal held that the delay in filing Form 67 is a procedural lapse and should not deny the substantive right to claim FTC. Following its own coordinate benches, the Tribunal directed the Assessing Officer to grant the FTC.

What were the facts?

The assessee claimed Foreign Tax Credit (FTC) for taxes paid in the USA. The Assessing Officer disallowed the claim solely because Form 67 was filed after the due date, citing a procedural lapse. The CIT(A) upheld this disallowance.

What were the issues?

Whether a procedural lapse in filing Form 67 can lead to the disallowance of a legitimate Foreign Tax Credit claim, especially when Double Taxation Avoidance Agreements (DTAA) are involved.

Which sections of the Income-tax Act were involved?

Section 90,Section 143(3),Section 144B

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Income Tax Appellate Tribunal, DELHI “A” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & SHRI M BALAGANESH

For Appellant: Shri D.K.Pandey, CA &, Shri Manish Pandey, CA
For Respondent: Shri Kanv Bali, Sr. DR
Hearing: 11.04.2023Pronounced: 17.04.2023

PER KUL BHARAT, JM : The present appeal filed by the assessee for the assessment year 2018- 19 is directed against the order of Ld. CIT(A), National Faceless Appeal Centre (“NFAC”), Delhi dated 17.06.2022. 2. The assessee has raised following grounds of appeal:-

1.

“On the facts and circumstances of the case, the final assessment order passed by the learned Assessing Officer under Section 143(3) read with Section 144B of the Act is bad both in the eye of law and on facts.

2.

On the facts and circumstances of the case, the learned AO has erred both on facts and in law in passing the order without considering the foreign tax credit merely due to a procedural lapse of filing of Form 67 is clear violation of the p

The order continues below.

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