https://www.taxtmi.com/caselaws?id=448388 The dominant issue was whether foreign tax credit (FTC) could be denied solely because Form 67 was filed after the due date and after processing under s.143(1). The ITAT held that ss.90-91 confer the substantive entitlement to double taxation relief and, absent any statutory amendment making timely filing of Form 67 a condition precedent, Rule 128 is procedural and therefore directory; the Rules cannot override the Act. Consequently, late filing of Form 67 could not, by itself, defeat the FTC claim. The matter was remanded to the AO for limited verification and grant of FTC in accordance with law, with opportunity of hearing, and the appeal was allowed for statistical purposes. en-us Wed, 20 Sep 2023 00:00:00 +0530 Sat, 20 Dec 2025 13:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448388 The dominant issue was whether foreign tax credit (FTC) could be denied solely because Form 67 was filed after the due date and after processing under s.143(1). The ITAT held that ss.90-91 confer the substantive entitlement to double taxation relief and, absent any statutory amendment making timely filing of Form 67 a condition precedent, Rule 128 is procedural and therefore directory; the Rules cannot override the Act. Consequently, late filing of Form 67 could not, by itself, defeat the FTC claim. The matter was remanded to the AO for limited verification and grant of FTC in accordance with law, with opportunity of hearing, and the appeal was allowed for statistical purposes. Case-Laws Income Tax Wed, 20 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448388