TaxTMI 
TaxTMI 
2025 (6) TMI 809
X X X X Extracts X X X X
X X X X Extracts X X X X
....s challenged the order u/s 154 passed by the AO refusing to rectify the apparent mistake while making adjustment of Rs. 4,88,188/- and Rs. 1,72,931/- on account of Foreign Tax Credit (FTC) u/s 90/90A of the Act for the AY 2019-20 and 2020-21 respectively. 2. Since the facts and grounds of both the appeals filed by the assessee are exactly same and parties are same, hence both the appeals are taken up together in order to avoid the multiplicity of the decision. Firstly, we are taking ITA No. 1804/Mum/2025 for AY 2019-20 as a lead case. 3. The brief facts of the case as culled out from the orders of the lower authorities are that the assesses has claimed himself as a proprietor of Blue Lion Entertainment Company having registered at A/7....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ment Company. 5. Aggrieved by the order of Ld. CIT(A), the assessee has preferred the appeal before us on the following grounds of appeal in ITA No. 1804/Mum/2025 (AY 2019-20):- (1) On the facts and in law, the CPC (Centralized Processing Centre), Bengaluru erred in not allowing credit for foreign Tax Credit (FTC) u/s. 90/90A of Rs. 4,88,188/- in spite of the fact that it is claimed in the return of income filed u/s 139(1). (2) The Appellant filed form 67 on 23-03-2021 for claiming credit of Foreign Tax Credit (FTC) for Rs. 4,88,188/-. The Assessing officer has not considered the credit of Foreign Tax Credit in rectification order passed u/s. 154 of the IT Act, 1961. (3) The commissioner of Income-tax (Appeal) ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t firstly the Ld. CIT(A) has not considered the assessee as proprietor of M/s Blue Lion Entertainment Company despite the facts that the GST registration certificate and import export code certificate were duly filed before the CPC Bangalore where the assessee has been shown as proprietor of M/s Blue Lion Entertainment Company. Ld. AR submitted that the GST certificate is placed at page no. 8 and 9 of the paper book and copy of import export certificate is placed at page no. 10 of the paper book which is in the name of M/s Blue Lion Entertainment Company in which the assessee is shown as a proprietor of this company. Ld. AR orally requested that these 2 documents may be considered by the Tribunal and inadvertently, the assessee was under im....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the assessee eligible to claim FTC as per the provisions of law. 11. For the above reasons, the impugned order of the Ld. CIT(A) is not legally sustainable in the eyes of law and accordingly, we set aside the impugned orders passed by Ld. CIT(A) and restore the matter to the file of AO for considering the eligibility of the assessee for FTC as directed above alongwith the judgment of the Jurisdictional Tribunal in ITA No. 3647/Mum/2023 (supra). Hence, the impugned order is set aside with the direction to the Ld. AO to decide the matter afresh after considering the above submissions of the assessee and the AO shall give effective hearing to the assessee and the assessee shall present its case before the AO within 60 days of this order. ....