42 Hertz Software India (P.) Ltd. v. ACIT
139 Taxmann.com 448Income Tax Appellate Tribunal2022#1846 most cited
What is 42 Hertz Software India (P.) Ltd. v. ACIT authority for?
The claim for Foreign Tax Credit cannot be denied solely due to a delay in filing Form-67, as the requirement for filing Form-67 under Rule 128(9) is considered directory and not mandatory. The provisions of a Double Taxation Avoidance Agreement (DTAA) prevail over the Income-tax Act, 1961.
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judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2022 to 2026.
Also referred to as
42 Hertz Software India v. ACIT · Foreign Tax Credit · FTC claim · Form-67 delay · delay in filing Form-67 · Section 90 · Section 91 · Rule 128(9) Income-tax Rules · DTAA prevails · directory vs mandatory provision · Double Taxation Avoidance Agreement
Sections most often in play
Issues it is cited on
Judgments citing 42 Hertz Software India (P.) Ltd. v. ACIT
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