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TMI Blog2024 (12) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... And Shri Parimalsinh B. Parmar, A.R. For the Revenue : Smt. Malarkodi R., Sr.D.R. ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the appellate order dated 01.04.2024 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as CIT(A) ), arising out of the Rectification order passed under section 154 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) relating to the Assessment Year 2019-20. 2. Brief facts of the case is that the assessee is an individual and Senior Citizen who has filed his Return of Income declaring income of Rs. 2,63,76,090/- including agriculture income of Rs. 26,02,000/. The return was taken for scru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee s own case for the very same assessment year. However, in the appellate proceedings, the assessee filed its written submission and pleaded that filing of Form No. 67 for claiming Foreign Tax Credit is only directory and not mandatory. Hence late filing of Form No. 67 on 24-03-2024 is not mandatory and the assessee should be given the claim of Foreign Tax Credit. The Ld. CIT(A) considered the above submission dismissed the appeal by observing as follows: 4.6 Taxes are paid in an alien nation, the particulars of which can never be verified by the Income tax Authorities in India. It is for such reason that Form no.67 which consists of 4 parts has a verification column, affirming that the claim of the FTC, to the best of the knowledge and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of the DTAA should be applicable to the assessee to the extent that they are more beneficial and the Act does not override the provisions of the DTAA. 6. The Appellant further submits that it has been held in various judicial forums that filing of Form 67 is only a directory requirement and not a mandatory requirement. 7. The Appellant submits that the Hon ble High Court of Madras in the case of Duratswamy Kumaraswamy (WP No 5834 of 2022 ors. order dated 06.10.2003) concluded that the delay in filing Form 67 may be condoned and granted the Foreign Tax Credit claimed. 8. The Appellant submits the denial of the credit by the Commissioner of Income Tax (Appeals) is not in accordance with the law. 9. The learned CITIA erred in not granting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cknowledgement No. 115751840020222 dated 02-02-2022. Hence the present appeal also be set aside to the file of Ld. NFAC to decide along with the pending appeal. 8. Ld. D.R. appearing for the Revenue has no objection in setting aside the appeal to the file of CIT[A] and decided along with that appeal against exparte assessment order. 9. We have heard rival submissions and perused the materials available on record. Since the appeal against exparte assessment order is still pending with Acknowledgement No.115751840020222 dated 02-02-2022 before NAFC. Without expressing anything on merits of the case, the present appellate order passed by Ld CIT[A] is hereby set-aside with a direction to decide the same along with the other appeal within a peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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