2024 (5) TMI 1208

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....Samita Patni, CA And Sh. Manoj Kumar, CA For the Revenue : Sh. Anshul, Sr. 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 ....

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....llowed as such the ITR which was processed for the first time on 25.11.2021 had Form No.67 on record. 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....

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....67. The assessee later on filed Form 67 on 31.03.2021 vide receipt No. 330987350310321 and then filed the revised return 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....

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....s. It was submitted that section 90 of the Act read with Article 25(2)(a) provides that USA tax paid shall be allowed as a credit 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 befo....