2025 (2) TMI 828

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....Avoidance Agreement (DTAA) read with section 90 of the I.T. Act. The Assessee has raised the following revised grounds which read as under: - 1. "The Ld. Commissioner of Income Tax (Appeals) upholding the assessment order passed by the Ld. Assessing Officer disallowing the Foreign Tax Credit (FTC) of Rs. 3,37,785/- merely due to the late filing of Form 67. It is submitted that the filling of Form 67 is a procedural requirement, and the delay in compliance should not be deprive the appellant of their substantive right to claim the FTC under the provisions of the Income Tax Act, 1961. The Ld. CIT(A) has failed to appreciate this distinction and has erred in law by denying the rightful claim of the appellant. 2. The ....

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....he claim for Foreign Tax Credit was denied. 3. Ld. Counsel for the assessee placed reliance on the following decisions: - 1. "Ms. Brinda Rama Krishna Vs. ITO [2022] (135 taxmann.com 358) (Bang.); 2. Bhaskar Dutta Vs. DCIT in ITA No.1869/Del/2022 dated 11.01.2023, ITAT Delhi; 3. Nirmala Murli Relwani Vs. ADIT in ITA No.2094/Mum/2022 dated 01.12.2022." 4. Identical issue came up before the coordinate bench of the Tribunal in the case of Neha Kapoor Vs. ITO in ITA No.135/Del/2023 dated 29.08.2023, wherein the Tribunal directed the Assessing Officer to allow credit of Foreign Tax Credit to the assessee observing as under: "8. We have considered the submissions of the parties and perused the records. It ....