https://www.taxtmi.com/caselaws?id=765420 The dominant issue was whether foreign tax credit (FTC) under s. 90 of the Income-tax Act, 1961 read with Art. 23 of the India-Japan DTAA could be denied solely because Form 67 was filed belatedly under r. 128(9) of the Income-tax Rules. The ITAT held that entitlement to FTC is not controlled solely by delay in furnishing Form 67 and that such procedural non-compliance cannot, by itself, defeat a substantive treaty/statutory claim. Consequently, the CIT(A)'s denial was set aside and the AO was directed to take cognizance of Form 67 and allow FTC to the extent eligible, after necessary enquiries and verification; the appeal was allowed for statistical purposes. en-us Wed, 29 Jan 2025 00:00:00 +0530 Sat, 20 Dec 2025 13:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765420 The dominant issue was whether foreign tax credit (FTC) under s. 90 of the Income-tax Act, 1961 read with Art. 23 of the India-Japan DTAA could be denied solely because Form 67 was filed belatedly under r. 128(9) of the Income-tax Rules. The ITAT held that entitlement to FTC is not controlled solely by delay in furnishing Form 67 and that such procedural non-compliance cannot, by itself, defeat a substantive treaty/statutory claim. Consequently, the CIT(A)'s denial was set aside and the AO was directed to take cognizance of Form 67 and allow FTC to the extent eligible, after necessary enquiries and verification; the appeal was allowed for statistical purposes. Case-Laws Income Tax Wed, 29 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765420