https://www.taxtmi.com/caselaws?id=761930 Foreign tax credit under the Double Taxation Avoidance Agreement and section 90 is treated as a substantive relief against double taxation. Rule 128(9) is described as a procedural requirement for claiming the credit, not a condition that extinguishes entitlement. Where foreign tax has been paid and Form 67 is filed during rectification proceedings, the delayed filing does not defeat the underlying claim. The operative point is that procedural lapse should not override a vested tax benefit when the substantive eligibility for credit is otherwise established. en-us Mon, 18 Nov 2024 00:00:00 +0530 Wed, 20 Nov 2024 08:48:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761930 Foreign tax credit under the Double Taxation Avoidance Agreement and section 90 is treated as a substantive relief against double taxation. Rule 128(9) is described as a procedural requirement for claiming the credit, not a condition that extinguishes entitlement. Where foreign tax has been paid and Form 67 is filed during rectification proceedings, the delayed filing does not defeat the underlying claim. The operative point is that procedural lapse should not override a vested tax benefit when the substantive eligibility for credit is otherwise established. Case-Laws Income Tax Mon, 18 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761930