2026 (4) TMI 475

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.... For the Revenue : Shri Rajesh Kumar Dhanesta, Sr. DR ORDER PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. This appeal arises from order dated 26.08.2025, passed u/s 250 of the Income Tax Act, 1961 (hereafter as "the Act") by Ld. Addl./JCIT(Appeals)-2, Pune. In this case, the assessee claimed Foreign Tax Credit (FTC) u/s 90 of the Act at Rs. 13,09,019/-. During the course of processing u/s 14....

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....ons. It was stated that the Form-67 was filed along with the relevant proof on 30.01.2021, i.e. before filing the revised tax return on 24.02.2021. It was also stated that the assessee had paid taxes due in South Africa and hence was eligible to claim FTC as per Article 22 of the India-South Africa (DTAA). It was argued that the beneficial treaty provisions would apply to the case of the assessee ....

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....thorities below. 3. We have carefully considered the rival submissions and have gone through the documents before us. We find that the interpretation of the law by the Hon'ble Madras High Court has considerable, persuasive value and even binding force because the beneficial DTAA provisions deserve to be applied over and above the provisions of the Act in case one has to make a choice between th....