https://www.taxtmi.com/caselaws?id=438296 Foreign tax credit under the India-USA DTAA was treated as a substantive entitlement under Article 25(2)(a), and Rule 128(9) of the Income-tax Rules was read in conformity with the treaty rather than as an independent bar. The time limit for filing Form No. 67 was held directory, so delayed filing alone could not justify denial of the credit. Reliance on rectification under section 154 and the return-filing timeline under section 139(1) did not support refusal of the foreign tax credit, which remained available subject to verification of the foreign tax paid details. en-us Wed, 24 May 2023 00:00:00 +0530 Sat, 27 May 2023 09:33:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438296 Foreign tax credit under the India-USA DTAA was treated as a substantive entitlement under Article 25(2)(a), and Rule 128(9) of the Income-tax Rules was read in conformity with the treaty rather than as an independent bar. The time limit for filing Form No. 67 was held directory, so delayed filing alone could not justify denial of the credit. Reliance on rectification under section 154 and the return-filing timeline under section 139(1) did not support refusal of the foreign tax credit, which remained available subject to verification of the foreign tax paid details. Case-Laws Income Tax Wed, 24 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438296