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2024 (4) TMI 1186
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....: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 20.11.2023, pertaining to the assessment year 2018-19. The assessee has raised following grounds of appeal: "1. That the Ld. CIT(A) erred in law and on facts in confirming the IT order not allowing the foreign tax ....
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....edit of Indian TDS tax of Rs. 10,522 without giving any reason for denial of credit of Indian TDS to the Appellant. 5. That the order of Ld. CIT (A) and of Ld. AO is bad in law and against the facts of the case. 6. That the Ld. CIT(A) erred in law and on fact in confirming the AO order dismissing the credit of Foreign Tax to assessee ignoring the fact that in assessment u/s 143(1....
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....decisions of the Tribunal. In support of his contention, learned counsel filed copies of orders of ITAT in the cases of Vikas Daga vs. ACIT [ITA no. 2536/Del/2022 (A.Y. 2019- 20) - order dated 14.06.2023]; and Eastman Industries Ltd. vs. ACIT [ ITA nos. 2990, 2991 & 2992/Del/2022 (A.Y. 2018-19, 2019-20 & 2020-21) - order dated 16.08.2023]. 4. Learned DR opposed the submissions and relied on the....
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....procedural norms does not extinguish the substantive right of claiming the credit of FTC. We accordingly direct the AO to allow the credit of FTC and hold that rule 128(9) of the Rules does not provide for disallowance FTC in case of delay filing of form 67 is not mandatory but a directory requirement and DTAA overrides the provisions of the Act and the Rules cannot be contrary to the Act." 5.2....