https://www.taxtmi.com/caselaws?id=773285 Foreign Tax Credit under section 90 of the Income-tax Act, 1961, read with Article 25(2)(a) of the India-US DTAA, was treated as a substantive treaty-based relief that could not be denied merely because Form No. 67 was filed after the time prescribed in rule 128 of the Income-tax Rules, 1962. The filing deadline in rule 128(9) was regarded as procedural and intended to facilitate implementation of the credit mechanism, not to create a substantive bar where the foreign income was offered to tax in India and the claim was otherwise supported by the record. The credit was therefore to be allowed in accordance with law and the treaty. en-us Mon, 16 Jun 2025 00:00:00 +0530 Fri, 20 Jun 2025 08:34:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773285 Foreign Tax Credit under section 90 of the Income-tax Act, 1961, read with Article 25(2)(a) of the India-US DTAA, was treated as a substantive treaty-based relief that could not be denied merely because Form No. 67 was filed after the time prescribed in rule 128 of the Income-tax Rules, 1962. The filing deadline in rule 128(9) was regarded as procedural and intended to facilitate implementation of the credit mechanism, not to create a substantive bar where the foreign income was offered to tax in India and the claim was otherwise supported by the record. The credit was therefore to be allowed in accordance with law and the treaty. Case-Laws Income Tax Mon, 16 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773285