2023 (8) TMI 1654

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....d by CPC, Bengaluru u/s 143(1) on 24-03-2021 denying Foreign Tax Credit of Rs.1.22 Lacs as claimed by the assessee u/s 90. The same was denied for want of filing of requisite Form 67 along with return of income. 2. The assessee filed Form 67 during appellate proceedings and lay claim on the credit by relying on certain decision of Tribunal as enumerated in assessee's written submissions during first appellate proceedings. However, Ld. CIT(A) upheld the intimation on the ground that Form 67 as required under Rule 128(9) was not furnished along with return of income u/s 139(1). This condition was mandatory and not directory as pleaded by the assessee. Aggrieved, the assessee is in further appeal before us. 3. We find that this issue has....

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....ner 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 by a coordinate division bench in Vinodkumar Lakshmipathi v. CIT(A) [IT Appeal No. 680/Bang/2022, 6-9-2022. It is well settled that while laying down a particular proc....