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TMI Blog2024 (3) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... [ 2023 (3) TMI 1467 - ITAT AHMEDABAD] after considering the judicial pronouncements, had directed the AO to give credit for FTC after due verification of Form 67 filed. In the afore-mentioned case also, Form 67 was not filed before the processing the return u/s. 143(1) of the Act, but was filed subsequently. Thus we direct the A.O. to give credit for FTC after due verification of Form 67. Appeal filed by the assessee is allowed for statistical purposes. - Shri George George K, Vice-President And Shri Laxmi Prasad Sahu, Accountant Member For the Appellant : Sri. Monish Sawkar, Advocate For the Respondent : Sri. Subramanian. S, Addl. CIT-DR ORDER PER GEORGE GEORGE K, VICE-PRESIDENT : This appeal at the instance of the assessee is directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke apparent from record in the order passed by the CPC u/s. 154 of the Act, warranting interference by him. 5. Aggrieved by the order of the CIT(A), the assessee has filed the present appeal before the Tribunal. The assessee has filed a paper book enclosing therein copy of the ITR, computation of income for the relevant assessment year, copy of the intimation issued u/s. 143(1) of the Act, copy of Form 67 filed on 24.01.2022 and the case laws relied on. The learned AR submitted that the issue in question is squarely covered by the following judicial pronouncements:- (i) Duraiswamy Kumaraswamy v. PCIT [TS-5818-HC- 2023 (Madras)-O] (ii) Brinda Rama Krishna v. ITO(2022) 193 ITD 840 (Bang.Tribunal) (iii) 42 Hertz Software India Pvt. Ltd. v. ACI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties and perused all the relevant material available on record. It is pertinent to note that the assessee has paid the taxes on the income earned in United Kingdom in that country and assessee is asking for credit of the same while filing the return of income. The CIT(A) held that the assessee has not filed Form 67 before time allowed under Section 139(5) of the Act and therefore, Form 67 is non-est in law does not categorically discussed the assessee s case as the assessee has already paid taxes in UK and as per Article 24(2) of the DTAA between India and UK the foreign income cannot be taxed twice. The decision of Bangalore Tribunal in case of Vinodkumar Lakshmipathi vs. CIT is dealing on the identical situation and the Tribunal has t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port is not filed along with the return, various High Courts have taken a view that filing of audit report is directory and not mandatory. Reliance in this regard was placed on the following cases: CIT v. Axis Computers (India) (P.) Ltd. [2009] 178 Taxman 143 (Delhi) PCIT, Kanpur v. Surya Merchants Ltd. [2016] 72 taxmann.com 16 (Allahabad) CIT, Central Circle v. American Data Solutions India (P.) Ltd [2014] 45 taxmann.com 379 (Karnataka) CIT-II v. Mantec Consultants (P.) Ltd. [2009] 178 Taxman 429 (Delhi) CIT v. ACE Multitaxes Systems (P.) Ltd [2009] 317 ITR 207 (Karnataka). 13. It was submitted that as per the provisions of section 90(2) of the Act, where the Central Government of India has entered into a DTAA, the provisions of the Act wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act dated 28-5- 2020 was passed. He pointed out that the AO or the CIT(A) did not dismiss the Assessee application for rectification u/s. 154 of the Act on the ground that the issue was debatable but rather the decision was given that the relevant rule was mandatory and hence non-furnishing of Form No. 67 before the due date u/s. 139(1) of the Act was fatal to the claim for FTC. 16. I have given a careful consideration to the rival submissions. I agree with the contentions put forth by the learned counsel for the Assessee and hold that (i) rule 128(9) of the Rules does not provide for disallowance of FTC in case of delay in filing Form No. 67; (ii) filing of Form No. 67 is not mandatory but a directory requirement and (iii) DTAA ov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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