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TMI Blog2025 (1) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... imed the deduction on the foreign tax paid by him. Therefore the filing of form 67 along with the return could be treated as a directory and not a mandatory one when the facts are not in dispute. Further the allowance of foreign tax credit is based on the DTAA signed between the countries. The Rule 128 also does not bar the claim of FTC when the assessee had not filed the Form 67 along with the return of income. In the facts and circumstances of the case, the disallowance of the foreign tax paid by the assessee is not correct. See MS. BRINDA RAMA KRISHNA [ 2022 (2) TMI 752 - ITAT BANGALORE] and M/S. 42 HERTZ SOFTWARE INDIA PVT. LTD. [ 2022 (3) TMI 834 - ITAT BANGALORE] wherein held that filing of Form No.67 is not mandatory but a directory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue date is a precondition for grant of foreign tax credit is not in line with the decision of this bench of the Honourable tribunal in the case of Ms. Brinda Ramakrishna. ITA No. 454/Bang/2021 vide its order dated 17-Nov-2021 and M/s. 42 Hertz Software India Pvt. Ltd. ITA No. 29/Bang/2021 vide its order dated 07-Mar-2022. 3. Delete consequential interest u/s 234B and 234C arising out of disallowance of foreign tax credit. 2. The brief facts of the case are that the assessee is an individual and he had claimed the foreign tax credit while filing the return. The AO had denied the foreign tax credit paid by the assessee in a country outside India, on the ground that the assessee had not filed the form 67 along with the return of income filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... From the facts narrated as above, it is clear that the assessee had claimed the credit for the foreign tax paid by him on the income earned by him in other countries which was also reported to the department while filing the return of income and on that basis, he has also remitted the tax dues to the department. The only mistake committed by the assessee is that the form 67 was not filed along with the return of income filed by the assessee. Therefore both the authorities have held that the assessee is not entitled for deduction on the payment of foreign tax. Before that the assessee tried his level best to get the relief before the authorities but not able to get the relief. Thereafter he approached the Appellate authority but not got the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is the view set out above. I am also of the view that the issue in the proceedings u/s. 154 of the Act, even if it involves long drawn process of reasoning, the answer to the question can be only one and in such circumstances, proceedings u/s. 154 of the Act, can be resorted to. Even otherwise the ground on which the revenue authorities rejected the Assessee's application u/s. 154 of the Act was not on the ground that the issue was debatable but on merits. I therefore do not agree with the submission of the learned DR in this regard. 7. In another order of the Coordinate Bench of this Tribunal reported in (2022) 139 taxmann.com 448 in the case of 42 Hertz Software India (P.) Ltd. vs. ACIT wherein it was held as follows: 6. There i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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