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TMI Blog2024 (11) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court which are inferior to them. If the inferior Court differs, he has to discuss and assign reason of the difference. But in the present case, we find that ld. CIT(A) without assigning any reason to take a different view has only stated that he begged to differ, that is erroneous and cannot be said to be legally justifiable. Thus, as held that the ld. AO ought not to deny the relief u/s 90 of the Act merely for delay in filing of Form-67. Appeal filed by the assessee is allowed. - Pradip Kumar Choubey, Judicial Member And Sri Sanjay Awasthi, Accountant Member For the Assessee : Siddharth Agarwal, Adv. For the Department : Bibekananda Madhu, JCIT, Sr. DR. ORDER PER PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER: This appeal filed by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that in all the above judicial pronouncements, it has been held that filing of Form-67 is a procedural formality and the Assessing Officer (hereinafter referred to as ld. 'AO') ought not to have denied the relief u/s 90 of the Act merely for delay in filing Form-67. The ld. Counsel for the assessee submits that pursuant to the intimation u/s 143(1) of the Act, the appellant being the first remedy option filed a rectification application u/s 154 of the Act but an order was received in the portal and e-mail without any change in the order and demand of Rs. 3,10,800/- was confirmed. The ld. Counsel for the assessee further submits that procedural delay in filing of Form-67 although as per the submission of ld. Counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at claim of Foreign Tax Credit cannot be denied merely for late filing of Form-67 as it is merely a procedural formality and not mandatory in nature. But, most respectfully I beg to differ from the above mentioned judgments passed by the Ld. ITAT, Kolkata since Rule 128 of the Income Tax Rules, 1962 categorically mandates that for claiming credit of any taxes in a country or territory specified outside India, for the AY-2020-21 the assessee shall file Form No. 67 under sub-rule (9) of rule 128 of the Income-tax rules, 1962 before the due date for filing the return of income under section 139(1) the Income-tax Act, 1961 and also mandates that filing of Form No. 67 shall precede the filing of the return. Therefore, I am of the view that it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the orders of the lower authorities. Short question in this appeal is whether assessee is entitled to foreign tax credit even when form number 67 required to be filed according to the provisions of rule 128 (9) of the Income Tax Rules on or before the due date of filing of the return of income not complied by the assessee but same was filed before the completion of the assessment proceedings. Precisely the fact shows that assessee filed return of income u/s 139 (1) of the income tax act. In such a return of income she claimed the foreign tax credit. However form number 67 was filed during the course of assessment proceedings and not before the due date of filing return. Rule 128 (9) of the Income Tax Rules 1962 provides that the st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing of ROI. Further rule 128 (4) clearly provides the condition where the foreign tax credit would not be allowed. Rule 128 (9) does not say that if prescribed form would not be filed on or before the due date of filing of the return no such credit would be allowed. Further by the amendment to the rule with effect from 1 April 2022 the assessee can file such form number 67 on or before the end of the assessment year. Therefore legislature in its own wisdom has extended such date which is beyond the due date of filing of the return of income. Further the fact in the present case is quite distinct then the issue involved in the decision of the honourable Supreme Court in case of Wipro Ltd (supra). Here it is not the case of violation of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment by the Coordinate Bench of ITAT, Kolkata. It is important to mention here that any judgment passed by superior Court is binding in nature to the Court which are inferior to them. If the inferior Court differs, he has to discuss and assign reason of the difference. But in the present case, we find that ld. CIT(A) without assigning any reason to take a different view has only stated that he begged to differ, that is erroneous and cannot be said to be legally justifiable. 3. The judicial order passed by the Coordinate Bench of ITAT, Kolkata has clearly held that the ld. AO ought not to deny the relief u/s 90 of the Act merely for delay in filing of Form-67. The present fact is squarely covered with the cited judicial pronouncements of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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