TaxTMI 
TaxTMI 
2026 (7) TMI 44
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....er the lower authorities were justified in denying the foreign tax credit of Rs.8,81,398/- claimed by the assessee u/s 90 of the Act on the ground that Form No. 67 was filed belatedly by the assessee. 3. Brief facts of the case are that, the assessee is individual, who had filed her return of income on 26.07.2017 for A.Y. 2017-18 declaring income of Rs.83,88,210/-. The case of the assessee was selected for regular scrutiny by issue of notice u/s 143(2) of the Income-tax Act, 1961 (the Act). The assessment was completed u/s 143(3) of the Act at total income of Rs.83,88,210/- as declared by the assessee in her return of income. However, in the ITNS Computation Sheet annexed to the assessment order, the ld. AO had denied foreign tax credit ....
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....ve part is reproduced as under: "7. The Ld. DR supported the order of the Ld. CIT(A). We have gone through the rival contention and also examined the facts. It was submitted before the Ld. CIT(A) by the assessee that the rerun of income was filed on 25.12.2020 and on 26.12.2020 he had submitted the Form No. 67 after receiving the communication from the e-filing team, Income Tax Department on 25.12.2020 that the return of income was not accompanied by Form No. 67 as mandated by I.T.A. No. 1831/Kol/2024 Assessment Year: 2020-21 Surendra Kumar Goenka law. Subsequently, since the credit was not allowed, he filed rectification application and Form No. 67 on 03.07.2022 and prior to that rectification requests on 21.05.2022 and on 07.06.2....
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....Kenya DTAA. During the year, he had income of both Kenya and India but while filing the Indian ITR for the impugned assessment year 2019-20, the Form No. 67 prescribed in rule 128 of the rules for claiming FTC was inadvertently not uploaded along with the ITK which was uploaded on 02.02.2021 The return was processed on 26.03.2021, however, the credit of FTC was not given effect to and the request made to the CPC to give effect to the FTC was not accepted and intimation along with notices of demand was received. The assessee also could not succeed with the rectification application filed and approached the CIT u/s 264 of the Act and at the same time filed a writ petition before the Hon'ble Madras High Court. It was stated by the responde....
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.... which is not proper and the same is not in accordance with law. Therefore, the impugned order is liable to be set aside. 13. Accordingly, the impugned order dated 25.01.2022 is set aside. While setting aside the impugned order, this Court remits the matter back to the respondent to make reassessment by taking into consideration of the FTC filed by the petitioner on 02.02.2021. The respondent is directed to give due credit to the Kenya income of the petitioner and pass the final assessment order. Further, it is made clear that the impugned order is set wade only to the extent of disallowing of FTC clam made by the petitioner und hence, the first respondent is directed to consider only on the aspect of rejection of FTC clam within a....