https://www.taxtmi.com/caselaws?id=438789 Foreign tax credit under section 90 and the India-USA DTAA could not be denied merely because Form 67 was filed after the due date under Rule 128. The Tribunal treated the rule as a procedural filing mechanism, not a mandatory condition that extinguishes the substantive treaty-based entitlement. As the assessee had otherwise established the underlying foreign tax credit claim and the only defect was delayed compliance, the procedural lapse was not allowed to defeat relief from double taxation. The disallowance of foreign tax credit was therefore unjustified and the credit remained allowable. en-us Mon, 17 Apr 2023 00:00:00 +0530 Thu, 08 Jun 2023 09:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438789 Foreign tax credit under section 90 and the India-USA DTAA could not be denied merely because Form 67 was filed after the due date under Rule 128. The Tribunal treated the rule as a procedural filing mechanism, not a mandatory condition that extinguishes the substantive treaty-based entitlement. As the assessee had otherwise established the underlying foreign tax credit claim and the only defect was delayed compliance, the procedural lapse was not allowed to defeat relief from double taxation. The disallowance of foreign tax credit was therefore unjustified and the credit remained allowable. Case-Laws Income Tax Mon, 17 Apr 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438789