https://www.taxtmi.com/caselaws?id=449686 Delay in filing Form No. 67 did not by itself forfeit foreign tax credit where the claim was made in the return and the form was submitted before assessment concluded. Rule 128(9) was treated as prescribing a procedural timeline, while the entitlement to relief under section 90 of the Income-tax Act, 1961 read with the applicable DTAA remained substantive. The rule-making power under section 295 was understood to authorise procedure, not to create a new disqualification. On this reasoning, late filing of Form No. 67 did not extinguish the underlying foreign tax credit claim. en-us Thu, 15 Feb 2024 00:00:00 +0530 Sat, 17 Feb 2024 06:50:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449686 Delay in filing Form No. 67 did not by itself forfeit foreign tax credit where the claim was made in the return and the form was submitted before assessment concluded. Rule 128(9) was treated as prescribing a procedural timeline, while the entitlement to relief under section 90 of the Income-tax Act, 1961 read with the applicable DTAA remained substantive. The rule-making power under section 295 was understood to authorise procedure, not to create a new disqualification. On this reasoning, late filing of Form No. 67 did not extinguish the underlying foreign tax credit claim. Case-Laws Income Tax Thu, 15 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449686