9911796707
TMI Blog2024 (4) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... e claim was allowed but in final computation, the same was not allowed. After verifying the facts, the AO would grant relief in accordance with law. Grounds raised by the assessee are accordingly, allowed for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... essee in this regard submitted that Ld.CIT(A) erred in returning the finding that the AO has rejected the claim of the assessee. However, as per the rectification order, claim of the assessee was allowed. Ld. Counsel for the assessee also drew our attention to Form No.67 which was enclosed with the rectification order passed u/s 154 of the Act. 5. On the other hand, Ld. Sr. DR for the Revenue supported the assessment order. 6. We have heard Ld. Authorized Representatives of the parties and perused the material available on record and gone through the orders of the authorities below. Ld.CIT(A) has decided the issue by observing as under:- 6.4. "Thus, it is very clear that as per rule 128(9) of the I.T. Rules, 1962, for claiming FTC, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit for FTC. Therefore, the contention of the appellant that claim of relief u/s 90/91 of the Act shall be allowed as he has filed form 67 is not acceptable. 6.6. Since the assessee has failed to furnish Form No. 67 within the due date of filing of return of income u/s. 139(1) as required under Rule 128(9) of IT Rules, 1962, the AO-CPC has rightly disallowed the claim of Foreign Tax Credit while processing the return of income u/s. 143(1) in this case. 6.7. Moreover, in this case, there is no mistake apparent from record to amend the intimation u/s. 143(1) as relief u/s. 90 has been correctly denied in it as the appellant has not filed form 67 for AY 2021-22 within the time specified u/s. 139(1). As discussed above, the claim of rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
