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of <h1>Foreign tax credit allowed despite late Form 67 upload; consistency with precedent required; matter remitted for recomputation</h1> <h3>Smt. Maya Kapoor Versus Income Tax Officer, Ward-2 (4), Gurgaon</h3> ITAT DELHI accepted the assessee's challenge to denial of foreign tax credit where Form 67 was not uploaded by the due date, noting the department's ... Denial of foreign tax credit benefit - assessee could not file/upload the corresponding Form 67 on or before the prescribed 'due' date of filing return u/s 139 (1) - Revenue vehemently contends that the foregoing compliance is indeed mandatory in nature and the assessee's failure to this effect would disentitle her from claiming the impugned reopening HELD THAT:- The assessee on the other hand has filed the tribunal's recent order [2024 (6) TMI 268 - ITAT DELHI] deciding the issue against the department. This clinching fact has gone un-rebutted from the Revenue side. Therefore, adopt judicial consistency in these facts to accept the assessee's sole substantive grievance in principle and direct the learned assessing authority to frame it's afresh computation as per law after verifying all necessary facts. Summary: Appeal against order under section 143(1) for A.Y. 2020-21 challenging denial of foreign tax credit under sections 90/90A because Form 67 was not filed/uploaded by the due date under section 139(1). Assessee contended mandatory nature of Form 67 compliance was wrongly applied; Revenue maintained non-compliance disentitles claim. Tribunal noted that denial was made 'for the sole reason' of late/non-filing of Form 67 and that a prior tribunal order dated 31.05.2024 (ITA No. 783/Del/2024 for A.Y. 2021-22) decided the issue against the department - an un-rebutted fact. Applying judicial consistency, the tribunal directed the assessing authority to 'frame it's afresh computation as per law after verifying all necessary facts.' Relief as to interest under sections 234A, 234B and 234C was also raised. Final disposition: 'This assessee's appeal is allowed for statistical purposes.'
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