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        Case ID :
        Income Tax

        ITAT allowed taxpayer's appeal regarding Foreign Tax Credit...

        Foreign Tax Credit Cannot Be Denied Solely Due To Delayed Form 67 Filing Under India-Denmark Tax Treaty

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                ITAT allowed taxpayer's appeal regarding Foreign Tax Credit denial under India-Denmark DTAA. While Form 67 was filed after ROI submission deadline under s.139(1), ITAT held that AO's rejection solely on delayed filing was improper. Matter remanded to AO for fresh examination of whether taxes were paid in Denmark on same income taxed in India, and if no relief was claimed in Denmark. AO directed to verify facts and decide FTC eligibility per CBDT circular and applicable precedents, rather than reject purely on procedural grounds. Technical breach in Form 67 filing timeline should not defeat substantive DTAA benefit if double taxation occurred.
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