9911796707
TMI Blog2024 (4) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 20.11.2023, pertaining to the assessment year 2018-19. The assessee has raised following grounds of appeal: "1. That the Ld. CIT(A) erred in law and on facts in confirming the IT order not allowing the foreign tax credit of Rs 664166 on the ground that asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for denial of credit of Indian TDS to the Appellant. 5. That the order of Ld. CIT (A) and of Ld. AO is bad in law and against the facts of the case. 6. That the Ld. CIT(A) erred in law and on fact in confirming the AO order dismissing the credit of Foreign Tax to assessee ignoring the fact that in assessment u/s 143(1) an addition can be made which is disputable in nature." 2. The solitar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d copies of orders of ITAT in the cases of Vikas Daga vs. ACIT [ITA no. 2536/Del/2022 (A.Y. 2019- 20) - order dated 14.06.2023]; and Eastman Industries Ltd. vs. ACIT [ ITA nos. 2990, 2991 & 2992/Del/2022 (A.Y. 2018-19, 2019-20 & 2020-21) - order dated 16.08.2023]. 4. Learned DR opposed the submissions and relied on the orders of authorities below. 5. I have heard rival submissions and perused th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We accordingly direct the AO to allow the credit of FTC and hold that rule 128(9) of the Rules does not provide for disallowance FTC in case of delay filing of form 67 is not mandatory but a directory requirement and DTAA overrides the provisions of the Act and the Rules cannot be contrary to the Act." 5.2 It is also noticed that under similar facts and circumstances the ITAT Delhi Bench 'B' in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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