https://www.taxtmi.com/caselaws?id=753388 The ITAT Delhi allowed the assessee's appeal regarding foreign tax credit under section 90, rejecting the denial based solely on Form 67 not being filed with the original return under section 139(1). The tribunal held that foreign tax credit can be claimed per DTAA provisions even when Form 67 is filed with revised return. The CIT(A)'s adverse inference was incorrect as the claim was properly before the AO. Following Supreme Court precedent in Goetze (India) Ltd., the tribunal exercised discretion to admit the claim and remitted the matter to AO for fresh consideration per law. en-us Wed, 29 May 2024 00:00:00 +0530 Thu, 30 May 2024 14:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753388 The ITAT Delhi allowed the assessee's appeal regarding foreign tax credit under section 90, rejecting the denial based solely on Form 67 not being filed with the original return under section 139(1). The tribunal held that foreign tax credit can be claimed per DTAA provisions even when Form 67 is filed with revised return. The CIT(A)'s adverse inference was incorrect as the claim was properly before the AO. Following Supreme Court precedent in Goetze (India) Ltd., the tribunal exercised discretion to admit the claim and remitted the matter to AO for fresh consideration per law. Case-Laws Income Tax Wed, 29 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753388