2024 (10) TMI 429

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.... A. S. Sriraman For the Respondents : Dr. B. Ramaswamy Sr. Standing Counsel ORDER This Writ Petition has been filed challenging the impugned order dated 02.01.2024 passed under Section 154 read with section 143(1) of the Income Tax Act for the Assessment Year 2022-2023 in DIN CPC/2223/A3/325927311. 2. The learned counsel for the petitioner would submit that the petitioner filed his inc....

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....r reprocessing the return of income through the income tax web portal on 12.07.2023 along with Form No.67 by showing the tax paid in terms of Section 139 (4) of the Act. However, the 1st respondent vide the impugned order under Section 143 (1) of the Act, has not provided any credit to the amount of foreign tax paid by the petitioner, which was furnished under Form No.67. Hence the present Writ Pe....

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....id by the petitioner under Form No.67. However, without considering the same, the 1st respondent in a mechanical manner passed the impugned order. In support of his submission, the learned counsel referred the Judgment of this Court in Duraiswamy Kumaraswamy Vs. Principal Commissioner of Income Tax [(2023) 156 taxmann.com 445 (Madras)]. 6. Heard the learned counsel appearing on either side and ....

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....swamy Kumaraswamy's case (cited supra) that filing of Form No.67 is not mandatory or directory. Even by following the law laid down by the Hon'ble Supreme Court of India in CIT Vs. G.M.Knitting Industries (P) Ltd., this Court had held that filing of Foreign Tax Credit in terms of Rule 128 is only directory in nature. 8. In view of the above, the impugned order is liable to be set aside ....