2025 (4) TMI 580

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.... dated 28.03.2024, which has been passed against the intimation issued u/s 143(1) of the Act, dated 13.11.2022. 1. In this case, the appellant has filed his return of income on 07.02.2022 through which he claimed exemption u/s 90 of the Act of Rs. 75,000/-. Through order u/s 143(1), the CPC Bengaluru, denied the relief u/s 90 of the Act on the ground that Form No. 67 was filed beyond the time allowed in terms of Rule 128 of the I.T. Rules. 1.1 The Ld. CIT(A) upheld the denial of such claim by the Ld. AO. Aggrieved, the appellant has filed the present appeal through the following grounds of appeal:- "1) That the order passed by the Honourable CIT (Appeals)/Addl./Joint CIT(Appeals), NFAC [here in after referred to as "the Honourable CIT(A....

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....rm no. 67 within due date is a pre-condition for claiming foreign tax credit 6) That the Honourable CIT(Appeals), NFAC erred in law and facts of the case by upholding the enhancement of interest u/s 234B and 234C of the Act, since once the foreign tax credit is given, there will no demand. 7) That the Honourable CIT(Appeals), NFAC erred in not granting proper, sufficient and adequate opportunity of being heard to the Appellant while passing the appellate order, hence it is against the principles of natural justice. 8) That the appellant be allowed to add/alter/amend/delete either, all or any of the grounds of appeal either before or at the time of hearing." 2. Before us, the Ld. AR argued that the claim through Form No. 67 was ge....

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.... on the income of that resident an amount equal to the Singapore tax paid, whether directly or by deduction. Where the income is a dividend paid by a company which is a resident of Singapore to a company which is a resident of India and which owns directly or indirectly not less than 25 per cent of the share capital of the company paying the dividend, the deduction shall take into account the Singapore tax paid in respect of the profits out of which the dividend is paid. Such deduction in either case shall not, however, exceed that part of the tax (as computed before the deduction is given) which is attributable to the income which may be taxed in Singapore." 11. Since the provision of DTAA override the provision of Section 90 of the Act....

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.... tax on the income of that resident, an amount equal to the tax paid in Nepal. Such deduction shall not, however, exceed that portion of the tax as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Nepal. (b) Where in accordance with any provision of the Agreement income derived by a resident of India is exempt from tax in India may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. (ii) in Nepal (a) Where a resident of Nepal derives income which, in accordance with the provisions of this Agreement, may be taxed in India, Nepal shall allow as a deduction from the tax on the income of t....