DCIT, CIRCLE-6, JAIPUR, NCRB, JAIPUR vs. AMIT GUPTA, TARUCHHAYA NAGAR, JAIPUR
In the result, both the appeals of the department are dismissed
ITA 679/JPR/2023[2019-20]Status: DisposedITAT Jaipur26 Apr 2024AY 2019-20
Bench: The Due Date Of Filing Of Return For The Purpose Of Seeking Foreign Tax Credit Is A Mandatory Condition. 3. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Allowing The Foreign Tax Credit Amount Of Rs.64,00,660/- Without Appreciating The Fact That The Assessee Neither Filed Return Nor Form 67 For Claiming Foreign Tax Credit Within Due Date Prescribed For The Relevant Year Which Is Due Date Prescribed For The Relevant Year Which Is In Contravention To The Provisions Of The Act.
For Appellant: Shri Rohan Sogani, CA &For Respondent: Shri A.S. Nehra, Addl. CIT-DR
Section 139(4)Section 140ASection 143(1)Section 234ASection 90Section 91
house property income of Rs.
1,06,91,690/- and income from other sources of Rs.80,734/-. The appellant has claimed deduction under chapter Vi-A of the Act of Rs.1,85,000/- Further, the assesse has made tax payments as Foreign Tax Credit (FTC) u/s.90/91 of the Act of Rs.64,00,660/- and other payments ie. TDS/TCS, Advance