TaxTMI 
TaxTMI 
2026 (2) TMI 1412
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....CIT(A) u/s 250 of the Act, which is herein after referred to as the "Impugned order". The Relevant Assessment year is 2023-24 and the corresponding previous year period is from 01.04.2022 to 31.03.2023. 2. Factual Matrix 2.1 That as and by way of an "intimation order" issued u/s 143(1) of the Act, dated 22.03.2024 whereby a demand of Rs.1,29,640/- was created against the assessee by the Ld. AO. 2.2 The assessee is a pensioner with Government of United Kingdom. [CIT(A) order]/USA [as per the intimation order]. The assessee was a non-resident till A.Y.2022-23, during the year she became resident in India. The assessee filed her ROI on 31.12.2023 for A.Y. 2023-24 u/s 139(4) declaring total income of Rs. 35,30,130/-. Further the assess....
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....scribed time limit. 6.2 It is noted that while processing the return of Income, the AO denied the FTC of Rs. 1,49,437/- claimed u/s 90/90A of the Act while processing the return of Income under section143(1) of the Act as Form 67 was not filed within the prescribed time limit. 6.3 The appellant through grounds of appeal submitted with Form 35 contended that CPC erred in disallowing foreign tax credit of Rs. 1,49,437, without assigning any reason for the same. 6.4 In this context, it is noted that a taxpayer residing in one country can have multiple sources of income, including foreign income. Any taxpayer with a foreign income source attracts double taxation, both in the source country and the resident country. Th....
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....(1) Any arithmetical error in the return; (ii) An incorrect claim, if such incorrect claim is apparent from any information in the return; (iii) Disallowance of loss claimed if the return of the previous year for which the set-off of loss is claimed was furnished beyond the due date specified under sub-section (1) of section 139, (iv) Disallowance of expenditure indicated in the audit report but not taken into account in computing the total income in the return; (v) Disallowance of deduction claimed under sections 10AA, 80-IA, 80-IAB, 80-IB, 80-IC, 80-ID, or section 80-IE if the return is furnished beyond the due date specified under sub-section (1) of section 139; or (vi) Addition of income appe....
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....ow the appellant's claim for Foreign Tax Credit under Section 139(1) of the Act during the processing of the return under Section 143(1) of the Act. 7. H Based on the above considerations, I find no merit in the current appeal and accordingly dismiss the appeal." 2.4 The assessee being aggrieved by the "Impugned Order" has preferred the instant second appeal before this Tribunal & has raised the following grounds of appeal in the Form No. 36 against the "Impugned Order" which are as under:- "1. That the learned assessing officer and honourable CIT(A) erred in disallowing the claim of foreign tax credit. 2. That the CIT(A) erred in not granting sufficient opportunity of being heard during the appellate procc....
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....der" & "impugned intimation order". In the rejoinder the Ld. AR submitted & reiterated that the ultimately the form no. 67 was filed on the date of ROI i.e. 31.12.2023. 4. Observations Findings & conclusions 4.1 We have to decide the legality, validity and proprietary of the "impugned order" basis records of the case & the rival submission canvassed before us. 4.2 We have carefully perused the records of the case and have heard the submissions. 4.3 We basis records of the case & after hearing & further upon examining the contentions of the Ld. AR and Ld. DR are of the considered opinion that the "Impugned Order" is indeed not proper & so also "Impugned intimation Order". The ROI was filed on 31.12.2023 & so also form no.67 on 31....