2024 (4) TMI 343

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....ct') resulting in a tax demand of Rs. 7,96,410/- and the reason being Form 67 was not filed along with the ITR before the time limit u/s 139 (1) of the Act but was submitted only on 30.10.2023 which is subsequent to the issue of notice u/s 250 on 18.10.2023. 3. Upon assessee's appeal, ld. CIT (A) although noted that case laws are in favour of the assessee but proceeded to deny the same by observing as under:- " In order to ascertain the correctness of claims made, a notice u/s. 250 was issued on 18/10/2023 which was responded on 25/11/2023. The contents of the written submission, facts of the case, the case laws relied upon and the compliance to the rules laid down u/r.128 of the Income tax Rules, 1962 are carefully considered. ....

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....tted during the course of assessment. Hence, referring to several case laws in this regard, he pleaded that the issue may be decided in his favour. 6. Per contra, ld DR for the Revenue relied upon the orders of the authorities below. 7. Upon careful consideration, I find that the identical issue was considered by the ITAT, Mumbai Bench in the case of Rohini Hattangadi vs. CIT (A) in ITA No.1896/Mum/2022 dated 02.12.2022 and the Tribunal had dealt with the issue as under :- "11. Having heard the rival submissions and perused the material on record. It is pertinent to look into Rule 128 of the I. T. Rules for our perusal. The relevant extract is cited for ease of reference: "Foreign Tax Credit. 128. (1) An ass....

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....peruse the decisions of the tribunal cited by the assessee in the case of Ms. Brinda Ramakrishna (supra). On similar facts, the co-ordinate bench has considered the delay in filing of Form No. 67 as only a procedural defects and has also considered the decision of the Hon'ble Supreme Court in Mangalore Chemicals & Fertilizers Ltd. vs. Deputy Commissioner (1992 Supp (1) Supreme Court Cases 21) and Sambhaji and Others vs. Gangabai and others [2008] 17 SCC 117 (SC), which laid down the proposition that procedural law should not be construed as mandatory and should only aid the claim of substantive right. 13. Furthermore, the said decision of the tribunal has also relied on various decisions, which held that provisions of DTAA over....