2025 (3) TMI 2090

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....has raised the following grounds : 1. For that the order of the Commissioner of Income Tax (Appeals) is contrary to law, facts and circumstances of the case to the extent prejudicial to the interests of the appellant and is opposed to the principles of natural justice, equity and fair play. 2. For that the Commissioner of Income Tax (Appeals) failed to appreciate that the order of the Assessing Officer is without jurisdiction. Legal Grounds 3. For that the intimation u/s. 143(1) is bad in law. Denial of Foreign Tax Credit to the tune of Rs. 5,73,127/- u/s.91 4. For that the Commissioner of Income Tax (Appeals) erred in upholding the denial of foreign tax relief to the tune of Rs. 5,73,12....

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....e assessee filed Form no.67 beyond the due date of filing of Return of Income ("ROI") u/s.139(1) of the Act. 4. The Learned Authorised Representative ("Ld. AR") has submitted that the Ld. AO has denied the FTC only for the reason that the assessee filed Form no.67 belatedly and not within the due date specified for furnishing the ROI u/s.139(1) of the Act as provided under Rule 128(9) of Income Tax Rules, 1962. The Ld. AR has contended that there are various judgments on this point that the filing of Form no.67 within the due date prescribed for filing the ROI u/s.139(1) of the Act is only directory and not mandatory. Therefore, the claim of FTC cannot be denied merely on the ground that the assessee filed Form no.67 belatedly and not wi....

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....he contention of the Ld. DR that, the assessee has not filed any evidence of filing of their ROI in foreign country, we have gone through the provisions contained in section 90 and Rule 128 and we do not find any such condition for filing of evidence qua filing of ROI in foreign country for claiming the FTC. We have also gone through decisions of CIT Vs. G M Knitting Industries (P) Ltd. (supra) and Duraiswamy Kumaraswamy Vs. PCIT & Ors (supra) relied on by the Ld. AR. We found that under a similar issue, this Tribunal in the case of Shri Suresh Kumar Vobbilisetty Vs. ITO (International Taxation) in ITA no.1204/Hyd/2024 dated 07.03.2025 relying on the said decision of Hon'ble Madras High Court in the case of Duraiswamy Kumarawamy Vs. Ld.....

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.... 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 aside only to the extent of disallowing of FTC claim made by the petitioner and hence, the first respondent is directed to consider only on the aspect of rejection of FTC claim within a period of 8 weeks from the date of receipt of copy of this order." 9. Accordingly, in view of the series of decisions of this Tribunal as well as to maintain the rule of consistency with the decisions of the Coordinate Benches and the decision of the Ho....