2024 (9) TMI 280 - AT - Income Tax

Entitlement to avail foreign tax credit withheld in USA - Assessee failed to file the corresponding prescribed Form 67 under Rule 128(9) before the due date of filing of return u/s 139(1) - directory or mandatory provision - HELD THAT - We find no merit in the revenue s technical objection once it is come on record that case law Duraiswamy Kumaraswamy 2023 (11) TMI 1000 - MADRAS HIGH COURT had settled the issue in assessee s favour that compliance to the foregoing provision(s) is only directory than mandatory in nature. Learned departmental representative could hardly dispute the fact that the assessee had filed its Form 67 on record in section 154 rectification proceedings. That being the case, we accept the assessee s argument in principle and leave it open for the assessing authority/CPC to factual verify the same as per law.

Summary

The ITAT Pune allowed the assessee's appeal regarding foreign tax credit withheld in the USA amounting to Rs. 8,61,822. The tribunal found that filing Form 67 before the due date of return filing is directory, not mandatory. The appeal was allowed for statistical purposes.