9911796707
TMI Blog2025 (2) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... llow the FTC.
Filing of Form No.67 within the due date of filing the return of income u/s.139(1) of the Act is not mandatory requirement but directory. Hence, we direct the Revenue to grant the FTC as per Form No.67. It is ordered accordingly. Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... eyond the due date of filing of return of income u/s.139(1) of the Act. 3. Aggrieved by the intimation issued u/s.143(1) of the Act, the assessee filed appeal before the First Appellate Authority (FAA). The Addl./JCIT(A) confirmed the intimation u/s.143(1) of the Act. The FAA held that he has no authority to condone the delay in filing Form 67 and dismissed the appeal of the assessee. 4. Aggrieved by the FAA's order passed u/s.250 of the Act, the assessee has filed the present appeal before the Tribunal. The ld.AR submitted that the issue in question is covered in favour of the assessee by the Hon'ble Jurisdictional High Court judgment in the case of Duraiswamy Kumaraswamy vs. PCIT in W.P No.5834 of 2022 (judgment dated 06.10.2023). 5. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Markets Pvt. Ltd.,) (supra) the Chennai Bench of ITAT allowed the FTC by observing as under:- "We are of the considered view that, the AO is completely erred in denying credit for foreign tax for non-filing of Form 67 within the due date specified u/s.139(1) of the Act. The CIT(A), without appreciating facts simply sustained additions made by the AO and thus, we direct the AO to allow credit for foreign tax paid in other countries as per Form 67 filed by the assessee." 8. In view of the aforesaid reasoning and considering the judicial pronouncements cited supra, we hold that filing of Form No.67 within the due date of filing the return of income u/s.139(1) of the Act is not mandatory requirement but directory. Hence, we direct the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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