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TMI Blog2024 (8) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Bench had further held that even Rule 128(9) nowhere debars claim of FTC on account of delay in furnishing Form No. 67. Thus we allow assessee s claim and direct the Assessing Officer to grant Credit of FTC, after factual verification. Assessee appeal allowed. - Shri Saktijit Dey, Vice President And Shri S Rifaur Rahman, Accountant Member For the Appellant : Shri Aditya Kumar, CA And Shri Ankur Agarwal, CA For the Respondent : Shri Kanv Bali, Sr. DR. ORDER PER SAKTIJIT DEY, VP : This appeal by the Assessee is against the order dated 02.01.2024 of the Addl/JCIT(A)-2, Jaipur for assessment year 2020-21. 2. The dispute in the present appeal is confined to disallowance of Foreign Tax Credit (FTC). 3. Briefly stated facts are, the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nches. In case of Bhaskar Dutta vs. Deputy Commissioner of Income Tax (International Taxation) (2023) 147 Taxmann.com 481 (Delhi Trib), while deciding the identical nature of dispute, the Coordinate Bench has held that the provisions contained under Rule 128(9) are directory and cannot override the provisions contained u/s. 90 of the Act. The Bench had further held that even Rule 128(9) nowhere debars claim of FTC on account of delay in furnishing Form No. 67. The relevant observations of the Coordinate Bench while deciding the issue on merits are as under:- 13. Even, otherwise also, the assessee has a strong case on merit as well. In case of M/s.Brinda Ramakrishnan vs. ITO, supra, the Tribunal while dealing with an identical issue has held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso put before the learned authorised representative decision of the honourable Supreme Court in civil appeal number 1449 of 2022 in case of PCIT versus Wipro Ltd dated 11 July 2022 as to why the condition of filing form number 67 on or before the due date of filing of the return of income should not be considered as mandatory in nature. 011. The learned authorised representative submitted that honourable Supreme Court was seized of the matter where in the same subsection twin conditions were mentioned, the honourable High Court and lower appellate authorities considered, one of the condition as mandatory and one of the condition as directory. He submitted that here section 90 or 91 does not lay down any condition of filing any form. The re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be furnished on or before the due date specified for furnishing the return of income under sub-section (1) of section 139, in the manner specified for furnishing such return of income. We find that coordinate bench in 42 Hertz Software India (P.) Ltd v. ACIT [2022] 139 taxmann.com 448 (Bangalore - Trib.) wherein following its earlier order in the case of Ms. Brinda Rama Krishna v.ITO [2022] 135 taxmann.com 358 (Bang - Trib) it was held that one of the requirements of Rule128 for claiming FTC is that Form 67 is to be submitted by assessee before filing of the returns and that this requirement cannot be treated as mandatory, rather it is directory in nature. This is because, Rule 128(9) does not provide for disallowance of FTC in case of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing the decisions of the coordinate bench on this issue, we hold the assessee is eligible for foreign tax credit, as she has filed form number 67 before completion of the assessment, though not in accordance with rule 128 (9) of The Income Tax Rules, which provided that such form shall be filed on or before the due date of filing of the return of income. Accordingly, ground number 2 of the appeal of the assessee is allowed. 15. The ratio laid down in these decisions, in our view, are not only logical but just interpretation of the statutory provisions keeping in view the provision, contained under Section 90 and 91 of the Act. Though, we are conscious of a contrary view taken by the Tribunal in the case of Murlikrishnan vs. ACIT (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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