9911796707
TMI Blog2023 (3) TMI 1513X X X X Extracts X X X X X X X X Extracts X X X X ..... filing of Form No. 67 as required under clause (i) of Sub-rule (8) of Rule 128 of the Income Tax Rules, 1962 in the impugned order. Thereby, denying FTC, in our opinion, is not warranted. We hold Rules cannot override statutory provisions, as section 90 of the Act provides allowance of Foreign Tax Credit which is denied for alleged violation of procedures requirement. Therefore, we find filing of Form No. 67 under clause (i) of Sub-rule (8) of Rules 128 of the Income Tax Rules, 1962 is a procedural requirement, therefore, is a directory in nature, non-compliance thereof does not disentitled the assessee in claiming Foreign Tax Credit. Thus, we deem it proper to direct the CPC, Bangalore (AO) to allow Foreign Tax Credit as claimed by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved since the assessee filed return of income u/s. 139(4) of the Act, therefore, the assessee is not entitled to claim FTC as the return of income was not filed within due time specified u/s. 139(1) of the Act. Having holding so, the CIT(A), NFAC, Delhi opined that it has no jurisdiction to condone the delay and confirmed the order of CPC in denying FTC to the assessee. 5. On perusal of the impugned order, we note that Form No. 67 was filed by the assessee before filing of return of income which is evident from page 4 of the impugned order. It is also noted that the assessee contended that he tried to file rectification application u/s. 154 of the Act, but however, due to technical glitches at on-line Income Tax portal, he could not file th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther, we hold Rules cannot override statutory provisions, as section 90 of the Act provides allowance of Foreign Tax Credit which is denied for alleged violation of procedures requirement. Therefore, we find filing of Form No. 67 under clause (i) of Sub-rule (8) of Rules 128 of the Income Tax Rules, 1962 is a procedural requirement, therefore, is a directory in nature, noncompliance thereof does not disentitled the assessee in claiming Foreign Tax Credit. Thus, in view of the discussion made by us in the aforementioned paragraphs and with the facts and circumstances arising out of record, we deem it proper to direct the CPC, Bangalore (AO) to allow Foreign Tax Credit as claimed by the assessee. Thus, grounds raised by the assessee are all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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