https://www.taxtmi.com/caselaws?id=429475 Foreign Tax Credit under section 90 and the relevant DTAA was held to be a substantive treaty-based entitlement that could not be defeated merely because Form No. 67 was filed after the section 139(1) due date. Rule 128(9) was treated as a procedural prescription for the manner and timing of filing, and it was found to contain no express consequence of denial for delayed compliance. The Tribunal therefore regarded the filing requirement as directory rather than mandatory, and held that the rules cannot override the Act or treaty relief. The credit was directed to be allowed despite the delay. en-us Thu, 29 Sep 2022 00:00:00 +0530 Sat, 29 Oct 2022 09:19:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=429475 Foreign Tax Credit under section 90 and the relevant DTAA was held to be a substantive treaty-based entitlement that could not be defeated merely because Form No. 67 was filed after the section 139(1) due date. Rule 128(9) was treated as a procedural prescription for the manner and timing of filing, and it was found to contain no express consequence of denial for delayed compliance. The Tribunal therefore regarded the filing requirement as directory rather than mandatory, and held that the rules cannot override the Act or treaty relief. The credit was directed to be allowed despite the delay. Case-Laws Income Tax Thu, 29 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=429475