Gaurav Singh v. ITO

Mekala Rakesh Reddy, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

Bench: SHRI RAVISH SOOD, HON'BLE (Judicial Member), SHRI MADHUSUDAN SAWDIA HON'BLE (Accountant Member)

…oftware India (P) Ltd vs. ACIT (2022) 139 taxmann.com 448 (Bang.) and that of the ITAT, Delhi in the case of NICDC Neemrana Solar Power Ltd vs. DCIT, 171 Taxmann.com 653 (Delhi). Also, the order of the ITAT, Jabalpur Bench in the case of Gaurav Singh vs. ITO, 158 Taxmann.com 350 (Jabalpur) and that of the ITAT, Hyderabad in the case of in the case of Purushothama Reddy Vankireddy vs. ADIT (2023) 147 taxmann.com 398 (Hyderabad-Trib) was relied upon by the Tribunal. 11. We, thus, in the backdrop of our aforesaid deliberations, respectfully follow the aforementioned judicial pronouncements, and are of the view tha…

Mekala Rakesh Reddy, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

Bench: SHRI RAVISH SOOD, HON'BLE (Judicial Member), SHRI MADHUSUDAN SAWDIA HON'BLE (Accountant Member)

…oftware India (P) Ltd vs. ACIT (2022) 139 taxmann.com 448 (Bang.) and that of the ITAT, Delhi in the case of NICDC Neemrana Solar Power Ltd vs. DCIT, 171 Taxmann.com 653 (Delhi). Also, the order of the ITAT, Jabalpur Bench in the case of Gaurav Singh vs. ITO, 158 Taxmann.com 350 (Jabalpur) and that of the ITAT, Hyderabad in the case of in the case of Purushothama Reddy Vankireddy vs. ADIT (2023) 147 taxmann.com 398 (Hyderabad-Trib) was relied upon by the Tribunal. 11. We, thus, in the backdrop of our aforesaid deliberations, respectfully follow the aforementioned judicial pronouncements, and are of the view tha…

Suresh Kumar Vobbilisetty, Hyderabad vs. Income Tax Officer, International Taxation-2, Hyderabad

In the result, appeal filed by the assessee is allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1204/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2021-22) Shri Suresh Kumar Vs. Income Tax Officer Vobbilisetty, (International Taxation)-2 Hyderabad Hyderabad Pan:Acgpv5441G (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca K Hemalatha राज" व "ारा/Revenue By:: Shri Kumar Aditya, Dr सुनवाई की तारीख/Date Of Hearing: 15/01/2025 घोषणा की तारीख/Pronouncement: 07/03/2025 आदेश/Order

…g of Form 67 is only a directory requirement and delay in filing the Form 67 cannot be a ground for disallowance of Foreign Tax Credit. Similar view has been taken by the Jabalpur Bench of the Tribunal in case of Gaurav Singh v. Income-tax Officer reported in 158 Taxmann.com 350. Thus, the learned AR has submitted that there are series of decisions in favour of the assessee wherein it is held that Foreign Tax Credit cannot be denied merely on the ground of delay in filing of Form 67 which is not mandatory but only directory. 4. On the other hand, the learned DR has submitted that the learned CIT (A) has followed…