https://www.taxtmi.com/caselaws?id=418501 Delay in furnishing Form No. 67 under Rule 128(9) was held not to defeat the substantive right to foreign tax credit where the assessee was otherwise entitled under Section 90 and the India-Australia treaty. The Tribunal treated the form-filing requirement as procedural and directory, not as a mandatory condition extinguishing the credit, because the rule does not expressly provide disallowance for late filing. It also held that the treaty-based entitlement, being more beneficial, could not be overridden by a restrictive reading of the rule, and that the issue was not debatable for Section 154 purposes, so rectification relief was available. en-us Wed, 17 Nov 2021 00:00:00 +0530 Wed, 26 Nov 2025 11:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418501 Delay in furnishing Form No. 67 under Rule 128(9) was held not to defeat the substantive right to foreign tax credit where the assessee was otherwise entitled under Section 90 and the India-Australia treaty. The Tribunal treated the form-filing requirement as procedural and directory, not as a mandatory condition extinguishing the credit, because the rule does not expressly provide disallowance for late filing. It also held that the treaty-based entitlement, being more beneficial, could not be overridden by a restrictive reading of the rule, and that the issue was not debatable for Section 154 purposes, so rectification relief was available. Case-Laws Income Tax Wed, 17 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418501