https://www.taxtmi.com/caselaws?id=768666 The ITAT Kolkata allowed the appellant's claim for Foreign Tax Credit despite belated filing of Form 67. The tribunal held that DTAA provisions override Section 90 of the Income Tax Act as they are more beneficial to the assessee. The court ruled that FTC is a vested right and Rule 128(a) does not preclude claiming credit for delayed filing. Since Form 67 was filed in response to CPC query, denial was unjustified. The appellant was granted credit for taxes paid in Nepal under the India-Nepal DTAA. en-us Mon, 11 Nov 2024 00:00:00 +0530 Fri, 11 Apr 2025 08:40:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768666 The ITAT Kolkata allowed the appellant's claim for Foreign Tax Credit despite belated filing of Form 67. The tribunal held that DTAA provisions override Section 90 of the Income Tax Act as they are more beneficial to the assessee. The court ruled that FTC is a vested right and Rule 128(a) does not preclude claiming credit for delayed filing. Since Form 67 was filed in response to CPC query, denial was unjustified. The appellant was granted credit for taxes paid in Nepal under the India-Nepal DTAA. Case-Laws Income Tax Mon, 11 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768666