2023 (7) TMI 1342

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ER PER RAJESH KUMAR, ACCOUNTANT MEMBER: This appeal preferred by the assessee is against the order passed by Learned Commissioner of Income-tax (Appeals)-NFAC, Delhi [hereinafter referred to Ld. 'CIT(A)'] for the Assessment Year (in short 'AY') 2017-18. 2. The only issue raised by the assessee is against the order of Ld. CIT(A) confirming the order passed by the Assessing Officer (in shor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ee would be determined on the basis of grant price of $19.66 and the sale price. Accordingly, the tax was deducted in UK amounting to Rs. 17,72,470/- which was claimed by the assessee as foreign tax u/s 90 of the Act. However, Form-67 as required to be filed on or before filing the return of income u/s 139(1) of the Act was not filed. The assessee filed the return of income after the due date and ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tions and perusing the material on record, we find that the assessee served abroad and some foreign tax to the tune of Rs. 17,72,470/- was deducted in United Kingdom under DTAA between India and UK and provision of Section 90(2) of the Act. We also note that Rule 128 sub-Rule 9 provides that Form-67 should be filed on or before the due date of filing the return of income. However, we note that now....