https://www.taxtmi.com/caselaws?id=431625 A treaty-based foreign tax credit entitlement cannot be defeated by a procedural filing requirement under the Income-tax Rules. Where the relevant tax treaty grants credit for foreign tax paid, Rule 128(9) must be read consistently with the Act and treaty, so the timing of Form 67 filing is directory rather than mandatory if necessary to preserve the substantive right. On that basis, delayed filing of Form 67 by itself does not justify denial of foreign tax credit, and the claim must be examined on merits under the governing law and treaty provisions. en-us Mon, 05 Dec 2022 00:00:00 +0530 Sat, 20 Dec 2025 13:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431625 A treaty-based foreign tax credit entitlement cannot be defeated by a procedural filing requirement under the Income-tax Rules. Where the relevant tax treaty grants credit for foreign tax paid, Rule 128(9) must be read consistently with the Act and treaty, so the timing of Form 67 filing is directory rather than mandatory if necessary to preserve the substantive right. On that basis, delayed filing of Form 67 by itself does not justify denial of foreign tax credit, and the claim must be examined on merits under the governing law and treaty provisions. Case-Laws Income Tax Mon, 05 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431625