2024 (9) TMI 1565

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.... "1. The learned CIT(A), AddI/JCIT (A)-1, Jaipur "hereafter referred as CIT(A)"; erred in law and on facts in upholding intimation u/s 143(1) dated 06/08/2021 passed by, DCIT, CPC Bangalore thereby denying the foreign tax credit of Rs. 6,99,334 pertaining to the foreign sourced salary income of Rs. 48,55,367 which is doubly taxed, i.e., in USA as well as India. 2. The lower IT authorities ought to have appreciated that. - Rule 128(9) of the IT Rules does not provide for disallowance of FTC in case of delay in filing Form No.67. - Filing of Form No.67 is NOT mandatory but a directory requirement. - DTAA overrides the provisions of the Act, and the Rules cannot be contrary to the Act. 3. T....

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....nsuccessful before the Assessing Officer, filed appeal before the first appellate authority. 4. Meanwhile, the assessee's claim of full TDS credit amounting to Rs. 16,86,557, was allowed via rectification order passed under section 154 of the Act. 5. Before the learned CIT(A), the assessee made a detailed submissions. The learned CIT(A) considering the submission of the assessee, held that as per rule 128 of the Income Tax Rules, 1962, Form no.67, has to be filed on/or before the due date of furnishing the return of income under section 139(1) of the Act thereby dismissing assessee's appeal directing the Assessing Officer to verify the claim of TDS credit of Rs. 14,93,947, on the salary income offered by the assessee amounting to Rs. ....