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TMI Blog2025 (2) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... on 90 of the I.T. Act. The Assessee has raised the following revised grounds which read as under: - 1. "The Ld. Commissioner of Income Tax (Appeals) upholding the assessment order passed by the Ld. Assessing Officer disallowing the Foreign Tax Credit (FTC) of Rs. 3,37,785/- merely due to the late filing of Form 67. It is submitted that the filling of Form 67 is a procedural requirement, and the delay in compliance should not be deprive the appellant of their substantive right to claim the FTC under the provisions of the Income Tax Act, 1961. The Ld. CIT(A) has failed to appreciate this distinction and has erred in law by denying the rightful claim of the appellant. 2. The Ld. CIT(Appeals) has further erred in law and on facts by uphol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liance on the following decisions: - 1. "Ms. Brinda Rama Krishna Vs. ITO [2022] (135 taxmann.com 358) (Bang.); 2. Bhaskar Dutta Vs. DCIT in ITA No.1869/Del/2022 dated 11.01.2023, ITAT Delhi; 3. Nirmala Murli Relwani Vs. ADIT in ITA No.2094/Mum/2022 dated 01.12.2022." 4. Identical issue came up before the coordinate bench of the Tribunal in the case of Neha Kapoor Vs. ITO in ITA No.135/Del/2023 dated 29.08.2023, wherein the Tribunal directed the Assessing Officer to allow credit of Foreign Tax Credit to the assessee observing as under: "8. We have considered the submissions of the parties and perused the records. It is evident that the solitary ground of denial of the claim of the assessee for FTC is delay in filing Form 67. It is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." 9. Respectfully we follow the decision (supra). 10. Accordingly, we hereby direct the Ld. AO to allow the impugned credit of FTC to the assessee in the light of the decision in the case of Ms. Brinda Rama Krishna (supra)." 5. Similar view has been taken by the coordinate bench in the case of Ajay Kumar Mishra in ITA No.1835/Del/2022 dated 17.04.2023. Following the above orders, we direct the Assessing Officer to accept Form 67 filed by the assessee and allow Foreign Tax Credit in accordance with law. 6. In the result, appeal of the assessee is allowed. Order pronounced in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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