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TMI Blog2025 (1) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... eny the claim for credit for foreign tax paid merely because Form No.67 was not filed within the due date specified for filing the return of income under the provisions of section 139(1) of the Act, as it is merely directory in nature. Our view is fortified by the judgment of Hon ble Madras High Court in the case of Duraiswamy Kumaraswamy [ 2023 (11) TMI 1000 - MADRAS HIGH COURT ] wherein it has been held that filing of FTC in terms of the Rule 128 is only directory in nature. The rule is only for the implementation of the provisions of the Act and it will always be directory in nature. We further find support from the decision of this Tribunal in the case of Samiran Arunkumar Dutta [ 2024 (9) TMI 1267 - ITAT PUNE ] where also assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bangalore, vide Intimation dated 18.02.2021 denied the Foreign Tax Credit claimed by the assessee at Rs. 7,34.421/-, as Form No.67 was not filed within prescribed time. Against the said intimation, the assessee filed the rectification petition u/s. 154 of the Act which came to be rejected. 3. Being aggrieved by the above Rectification order, an appeal was filed before the NFAC, who vide impugned order had confirmed the action of the CPC, Bangalore denying the claim of credit for Foreign Tax paid, as the Form No.67 was not filed before the time limit specified u/s. 139(1) of the Act and filing of Form No.67 is mandatory to claim the benefit of Foreign Tax Credit. 4. Now the appellant is in appeal before the Tribunal challenging the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the due date specified for filing the return of income under the provisions of section 139(1) of the Act, as it is merely directory in nature. Our view is fortified by the judgment of Hon'ble Madras High Court in the case of Duraiswamy Kumaraswamy Vs. The PCIT and others in W.P.No.5834/2022 dated 06.10.2023 wherein it has been held that filing of FTC in terms of the Rule 128 is only directory in nature. The rule is only for the implementation of the provisions of the Act and it will always be directory in nature. We further find support from the decision of this Tribunal in the case of Samiran Arunkumar Dutta Vs. DCIT - ITA No.1195/PUN/2024 dated 14.08.2024 where also assessee was employed with same employer but Foreign Tax Credit was allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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