“Section 128(9)”
The decision most relied on for Section 128(9) is 42 Hertz Software India (P.) Ltd. v. ACIT (139 Taxmann.com 448), cited in 62 judgments on BharatTax.
Leading authorities on Section 128(9)
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.
The requirement to file Form 67 by the due date for claiming foreign tax credit is directory, not mandatory, if filed before the completion of assessment proceedings.
The time limit for filing Form 67 to claim foreign tax credit is directory, not mandatory. If no negative consequences are contemplated for non-adherence, the provision is considered directory.
Furnishing Form 67 before the due date for filing the return of income under section 139(1) is mandatory for claiming Foreign Tax Credit (FTC).
