2024 (12) TMI 693

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...."] dated 12.10.2023 arising out of the rectification order framed u/s. 154 of the Act by ADIT, CPC, Bengaluru dated 16.06.2021. 2. Grounds of appeal raised by the assessee read as under: "1) That the order passed by the Hon'ble Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre ("NFAC"),u/s 250 of the Income Tax Act, 1961 on dated 12/10/2023, by upholding the rectification order passed u/s 154 of The Income Tax Act, 1961 by the Ld. Asst. Director of Income Tax, CPC, Bengaluru is contrary to the law and facts of the case, hence liable to be quashed. 2) That the NFAC, has erred in upholding the non-granting of the foreign tax credit of Rs. 349,286/- as claimed in the return of income by the appellant....

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....of the revenue. 5. We have heard rival submissions and perused the material placed before us. We notice that the assessee is a resident individual and working for at State Bank of India and during the year under consideration assessee was working at SBI, Germany. On the salary given to the assessee, tax at source was deducted by SBI Germany. In the income tax return assessee has claimed FTC of Rs. 3,49,286/- but for the FTC assessee is required to furnish Form 67 filled up with all particulars and is to furnished before due date specified for furnishing the income tax return u/s. 139(1) of the Act. However, Form 67 filed on 26.05.2021 which is after the due date. We, however, taking note of the fact that the said delay was on account of ....

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....from 16/04/2018 to 08/09/2019 under the assignment with Tata Daewood Commercial Vehicle Company Ltd. The fact about the assessee being outside India from 16/04/2018 to 08/09/2019, is not in dispute before us. In the return of income, assessee has claimed relief u/s 90 of the Act at Rs. 3,50,106/- being tax paid in Republic of Korea. In the return processed u/s 143(1)(a) of the Act, the said claim of relief u/s 90 of the Act was not provided to the assessee on account of the reason that the prescribed Form No. 67 read with Clause 8 of Rule 128, was not filed belatedly i.e., after the due date of filing return u/s 139(1) of the Act. For this very reason that Form No. 67, was not filed before the due date of filing of return, the said claim wa....

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....of income u/s 139(1) of the income tax act. In such a return of income she claimed the foreign tax credit. However form number 67 was filed during the course of assessment proceedings and not before the due date of filing return." Rule 128 (9) of the Income Tax Rules 1962 provides that the statement in Form No. 67 referred to in clause (i) of sub-rule (8) and the certificate or the statement referred to in clause (ii) of sub-rule (8) shall be furnished on or before the due date specified for furnishing the return of income under sub-section (1) of section 139 in the manner specified for furnishing such return of income. We find that coordinate bench in 42 Hertz Software India (P.) Ltd v. ACIT [2022] 139 taxmann.com 448 (Bangalore -....