9911796707
TMI Blog2022 (12) TMI 942X X X X Extracts X X X X X X X X Extracts X X X X ..... turn in the instant case had been filed by the assessee beyond the time limit prescribed u/s 139(4) of the Act altogether with the revised Form-67, the grievance of the assessee had to be addressed on merits. We deem it fit and proper to remand this appeal to the file of AO to verify the veracity of the claim made by the assessee in the revised return and revised Form-67 in the interest of substantial justice to the assessee. We hold that the substantial justice would prevail over technical considerations. Accordingly, the ground raised by the assessee is allowed for statistical purposes. - ITA No. 2589/Mum/2022 - - - Dated:- 20-12-2022 - Shri Aby T. Varkey, Judicial Member And Shri M.Balaganesh, Accountant Member For the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee filed Form-67 being the prescribed form under Rule 128 of the Income Tax Rules dated 20.07.2018 along with original return of income. But the assessee by inadvertence mentioned the foreign tax credit of Rs. 3,55,960/- u/s 91 of the Act instead of section 90 of the Act in Form 67 filed along with the original return of income. Based on this error, the Ld. CPC, Bangalore while processing the return of assessee did not give credit of foreign tax credit of Rs. 3,55,960/- to the assessee. The intimation u/s 143(1) of the Act passed by Ld. CPC was on 17.06.2020. The assessee thereafter filed revised Form-67 along with revised return of income for AY 2018-19 on 18.07.2020 wherein the figure of Rs. 3,55,960/- being the foreign tax cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 154 order passed by Ld. AO. As per the provisions of the Act, against the intimation u/s 143(1) of the Act, the appeal shall lie to the Ld. CIT(A). Ld. CIT(A) need not take cognizance of section 154 proceedings which had happened subsequent to the filing of appeal. Though, the revised return in the instant case had been filed by the assessee beyond the time limit prescribed u/s 139(4) of the Act altogether with the revised Form-67, the grievance of the assessee had to be addressed on merits. Hence, we deem it fit and proper to remand this appeal to the file of Ld. AO to verify the veracity of the claim made by the assessee in the revised return and revised Form-67 in the interest of substantial justice to the assessee. We hold that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
