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TMI Blog2022 (12) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... sesse in foreign country would be denied. In our considered view the FTC can not be denied to the assesse merely for late filing of Form 67 as the it is procedural formality on the part of the assesse.We have also perused the various decisions filed before us by assesse in defence of his argument that FTC cannot be denied merely on the basis of late filing of Form 67. We have perused the decision of Co-ordinate Bench of Bangalore in the case of M/s Brinda Rama Krishna [ 2022 (2) TMI 752 - ITAT BANGALORE] and find that similar issue has been decided in favour of the assessee. We also note that similar issue also has been decided [ 2022 (9) TMI 926 - ITAT JAIPUR] wherein the Co-ordinate Bench has allowed FTC by holding that the fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d because of late filing of prescribed Form 67 under Rule 128 of the Income Tax Rules, 1962 (hereinafter referred to as the Rule ) by the assessee. 4. Aggrieved by the said order, the assessee filed an appeal before the Ld. CIT(A). The Ld. CIT(A) simply dismissed the appeal of the assessee by observing and holding as under: 6.12. In view of the above, after having considered the totality of facts and circumstances of the case and keeping in view the provisions of Rule 128 of the Rules r. w. Section 90(2) of the Act, I am of the considered opinion that, in the instant case, the assessee has not fulfilled the conditions precedent for the purpose of claiming FTC to the extent of Rs. 20,92,790/-. Accordingly, I do not want to interfere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. Rule 128(9) of the rules provides that Form 67 should be filed on or before the due date of return of income however we also observe that the said Rule nowhere states that in case of late filing of Form 67 the credit of FTC which is deposited by the assesse in foreign country would be denied. In our considered view the FTC can not be denied to the assesse merely for late filing of Form 67 as the it is procedural formality on the part of the assesse.We have also perused the various decisions filed before us by the Ld. Counsel for the assesse in defence of his argument that FTC cannot be denied merely on the basis of late filing of Form 67. We have perused the decision of Co-ordinate Bench of Bangalore in the case ofM/s Brinda Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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