2024 (5) TMI 1208

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..... DR ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: The present appeal has been filed by the assessee against the order of National Faceless Appeal Centre (NFAC), Delhi dated 28.08.2023. 2. Following grounds have been raised by the assessee: "Ground No. 1: That the order of Ld Commissioner of Income tax (Appeal Unit)-1, NATIONAL FACELESS APPEAL CENTRE (NFAC) is erroneous while confirming t....

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....rd. Ground No. 3: That Section 139(5) of the Income-Tax Act, 1961 allows taxpayers to rectify their mistakes in their original tax returns by filing a revised return. Deductions or exemptions wrongly claimed and incorrect disclosure of income can be fixed by fling this return. Ground No. 4: That there is no condition prescribed in DTAA that the FTC can be disallowed for non-compliance with any....

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....rn on 31.03.2021 vide Acknowledgement No. 33107029031032021. The revised return was processed u/s 143(1) vide order No. CPC/2021/A2/163137704 dated 25.11.2021 and benefit of foreign tax credit was not allowed. The assessee moved for rectification u/s 154 against 143(1) for claiming the benefit of foreign tax credit. The AO/CPC rejected requisition for rectification u/s 154 vide order No. CPC/2021/....

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....dit against the Indian tax but limited to proportion of Indian tax. 10. Rule 128(9) provides that Form 67 should be filed on or before the due date of filing the return of income as prescribed u/s 139(1) of the Act, which is recently amended and provided for filling before the end of assessment year. However, the Rule nowhere provides that if the said Form 67 is not filed within the above stated ....