2025 (1) TMI 1592

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.... of the Ld. Addl./JCIT(Appeals), Pune dated 14.02.2024 for the AY 2019-20 in denying Foreign Tax Credit claimed by the assessee under article 25(2)(a) of the India USA Double Taxation Avoidance Agreement (DTAA) read with section 90 of the I.T. Act. 2. Heard rival submissions. On reading of the orders of the authorities below we observed that the claim for Foreign Tax Credit was denied to the asse....

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....for FTC is delay in filing Form 67. It is an admitted position that the assessee filed Form 67 on 26.03.2021 along with the revised return before the end of the relevant AY 2020-21 which is in conformity with the CBDT notification No.  100/2022 amending Sub Rule 9 of Rule 128 of the Rules. Various coordinate benches of the Tribunal have held that filing Form 67 is a procedural/directory requi....

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....t above. I am also of the view that the issue in the proceedings u/s. 154 of the Act, even if it involves long drawn process of reasoning, the answer to the question can be only one and in such circumstances, proceedings u/s. 154 of the Act, can be resorted to. Even otherwise the ground on which the revenue authorities rejected the Assessee's application u/s. 154 of the Act was not on the grou....