https://www.taxtmi.com/caselaws?id=763056 Foreign tax credit under section 90 could not be denied merely because Form No. 67 was filed after the time prescribed in rule 128(9). The reasoning treated the rule as governing the manner and timing of claiming relief, not as creating a substantive bar that extinguishes the underlying entitlement to credit for tax paid outside India. The decision also recognised that the relevant DTAA provision, being more beneficial, prevails to that extent over the Act. The late filing was therefore viewed as a procedural lapse only, and the assessee remained entitled to foreign tax credit. en-us Mon, 02 Dec 2024 00:00:00 +0530 Wed, 11 Dec 2024 15:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763056 Foreign tax credit under section 90 could not be denied merely because Form No. 67 was filed after the time prescribed in rule 128(9). The reasoning treated the rule as governing the manner and timing of claiming relief, not as creating a substantive bar that extinguishes the underlying entitlement to credit for tax paid outside India. The decision also recognised that the relevant DTAA provision, being more beneficial, prevails to that extent over the Act. The late filing was therefore viewed as a procedural lapse only, and the assessee remained entitled to foreign tax credit. Case-Laws Income Tax Mon, 02 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763056