2024 (9) TMI 1266 - AT - Income Tax

Denial of Credit for Foreign Tax paid u/s. 90 r/w Article 25 of India-USA Tax Treaty (DTAA) - Form No.67 was not filed within prescribed time - HELD THAT - Admittedly, in the present case, Form No.67 was not filed within the due date for filing of the return of income under the provisions of section 139(1), but was filed on 21.04.2022. The CPC, Bangalore had processed the return of income on 22.03.2022 which means that Form No.67 was not available with the CPC, Bangalore. Therefore, the CPC, Bangalore was justified in denying the claim for credit for Foreign Tax paid as because Form No.67 was not filed within the due date specified for filing the return of income under the provisions of section 139(1) of the Act, nor was available at the time of processing the return of income by CPC - Decided against assessee.

Summary

The appeal was filed by the assessee against the order of Addl./JCIT(A), Kanpur for the assessment year 2021-22. The appellant worked with MGM Resorts International Operation and claimed Foreign Tax Credit. The Form No.67 was filed late, leading to denial of the claim for credit of TDS. The appeal was dismissed as Form No.67 was not filed within the due date specified under the Income Tax Act.