2023 (2) TMI 1413

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....alized Processing Centre (CPC), Bangaluru u/s 143(1) vide order dated 25- 11-2021 denying foreign tax credit for Rs. 49.84 Lacs in view of the fact that Form 67 was filed belatedly. 2. The Registry has noted delay of 129 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of the an affidavit filed by the assessee wherein it has been submitted that the assessee was in China on an international assignment and returned to India during November, 2022 when the documents were collected and the appeal was filed. Considering the contents of affidavit, the bench formed an opinion that the delay was to be condoned. Accordingly, the appeal is admitted for adjudication on merits. 3. Upon perusal of case rec....

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.... (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. (Supra) wherein following its earlier order in the case of Ms. Brinda Rama Krishna (supra) it was held that "one of the requirements of rule 128 for claiming FTC is that Form 67 is to be submitted by assessee before filing of the returns and that this requirement cannot be treated as mandatory, rather it is directory in nature. This is because, rule 128(9) does not provide for disallowance of FTC in case of delay in filing Form No. 67. Same view is also taken b....