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TMI Blog2023 (11) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... merely directory in nature and even if it is filed belatedly, the assessee deserves the FTC. We find support from the decision of Sonakshi Sinha vs. CIT [ 2022 (10) TMI 107 - ITAT MUMBAI ] and Satreena Consultants Pvt. Ltd., Kolkata v. ITO [ 2023 (2) TMI 1154 - ITAT KOLKATA ] We are thus inclined to hold that the ld. CIT(A) has rightly allowed the claim of FTC - Ground raised by the revenue is dismissed. - Dr. Manish Borad, Hon ble Accountant Member And Shri Sonjoy Sarma, Hon ble Judicial Member For the Assessee : Ms. Aashi Agarwal, A/R For the Revenue : Shri Vevekanda Madhu, JCIT, Sr. D/R ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The above captioned appeal is directed at the instance of the revenue a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax effect involved in this appeal is less than Rs. 50,00,000/-. 5. On the other hand, the ld. D/R submitted that though the tax effect is less than Rs. 50,00,000/-, but the issue raised in this appeal falls under the exception mentioned in the CBDT Circular supra as the issues is regarding constitutional validity of Act or Rule. 6. We have heard rival contentions and perused the record placed before us. 7. We notice that the issue involved in this appeal is the claim of foreign tax credited of Rs. 3,66,855/- denied on the ground of belated submission of Form No. 67 which was mandatorily required to be filed before the filing of Income tax return. In absence of any submission by the ld. A/R, we find merit in the contention of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling of From 67 is merely directory in nature and even if it is filed belatedly, the assessee deserves the FTC. We find support from the decision of the Co-ordinate Bench in the case of Sonakshi Sinha vs. CIT in ITA No. 1704/Mum/2022; Assessment Year 2018-19; order dt. 20/09/2022 as well as the decision of the Tribunal in the case of Satreena Consultants Pvt. Ltd., Kolkata v. ITO, Ward-11(1) in ITA 543/KOL/2022 | Assessment Year 2017-2018 order dt. : 21-02-2023. We are thus inclined to hold that the ld. CIT(A) has rightly allowed the claim of FTC of Rs. 3,66,855/-. Thus, no interference is called for in the finding of the ld. CIT(A) and effective Ground raised by the revenue is dismissed. 9. In the result, appeal of the revenue is dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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