https://www.taxtmi.com/caselaws?id=446298 ITAT Jaipur allowed assessee's foreign tax credit claim under sections 90/90A despite not being claimed in original return. Revenue authorities rejected the claim as Form 67 was not filed within prescribed time limits. ITAT held that foreign tax credit is assessee's vested right under DTAA provisions and cannot be denied for procedural non-compliance. Rule 128 requiring Form 67 filing is directory, not mandatory. Matter remanded to AO for fresh consideration with adequate hearing opportunity. en-us Tue, 31 Oct 2023 00:00:00 +0530 Wed, 29 Nov 2023 07:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446298 ITAT Jaipur allowed assessee's foreign tax credit claim under sections 90/90A despite not being claimed in original return. Revenue authorities rejected the claim as Form 67 was not filed within prescribed time limits. ITAT held that foreign tax credit is assessee's vested right under DTAA provisions and cannot be denied for procedural non-compliance. Rule 128 requiring Form 67 filing is directory, not mandatory. Matter remanded to AO for fresh consideration with adequate hearing opportunity. Case-Laws Income Tax Tue, 31 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446298