9911796707
TMI Blog2024 (7) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 75 - SUPREME COURT] , we admit this claim of the assessee in the light of the submissions above and case laws cited. We remit the issue to the file of AO. AO shall duly consider the claim of the assessee in the light of the documents already submitted and decide as per law on this claim duly admitted. We find that facts in the present case are identical to the aforesaid case. Accordingly, we follow the aforesaid order and remit the issue to the file of AO with similar directions. Appeal of the assessee is allowed for statistical purposes. - Shri Shamim Yahya, Accountant Member And Shri Sudhir Pareek, Judicial Member For the Assessee : Shri Baldev Raj, Advocate, Shri Maneesh Upneja, Advocate For the Revenue : Shri Kanv Bali, Sr. DR OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , assessee filed appeal before the ld. CIT (A). Ld. CIT(A) vide order dated 28/07/2023 rejected the appeal of the assessee and held as under:- During the appellate proceedings, the appellant filed written submission wherein, the appellant contended that the appellant has filed the Form no. 67 on 01.03.2021. Further, it was stated that the Form no. 67 was never revised and was filed only once on 01.03.2021. The appellant has also relied upon certain judicial decisions in support of the contention that the foreign tax credit ought to be granted to the appellant. I have perused the documents on record and as stated by the appellant, the Form no. 67 has been filed on 01.03.2021. The assessment year under consideration is AY 2020-21 and the exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Act DTAA override the rules, and rules cannot be contrary to the act. (iv) FTC cannot be disallowed to the Assessee merely because of the late filing of Form 67, as it is a procedural formality on the Assessee's part. (v) Credit in respect of foreign tax paid cannot be denied to the Assessee for the technicality of not filing Form 67 within the due date of return u/s 139(1) of the Act. 6. Per contra, ld. DR for the Revenue relied upon the orders of the authorities below. 7. We have carefully considered the submissions of both the parties and perused the material available on record. We note that the ITAT, Delhi Bench in ITA No.3585/Del/2023 in the case of Vaibhav Singhal vs. ITO vide order dated 29.05.2024 concluded as under :- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
