2026 (7) TMI 1719

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....r (for short, "AO")/CPC under section 143(1) of the Income Tax Act, 1961 (for short, "the Act"), dated 12/03/2021 for Assessment Year (AY) 2019-20. The assessee has assailed the impugned order of the CIT(A) on the following grounds of appeal before us: 1) "The learned CIT(A) erred in law and facts of the case while passing the order under section 250 of the Act. 2) The Learned CIT(A) erred in upholding the denial of credit towards foreign taxes is not warranted in the facts and circumstances of the present case as the breach of directory condition of filing of form 67 cannot disentitle the substantive and legitimate claim 3) For these and other ground which may be raised during OR before the appeal is heard. It is....

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....ntatives of both parties, perused the orders of the authorities below and the material available on record, as well as considered the judicial pronouncements that have been pressed into service by the Ld. AR to drive home her contentions. 7. Ms Lakshita Gudniya, CA, Learned Authorized Representative (for short, "Ld. AR") for the assessee, at the threshold of hearing of the appeal, submitted that the issue is squarely covered by the decision of the coordinate Bench of the Tribunal in the case of Pornprapha Pholdahan vs. ITO, Ward-4(1)(1), Bangalore, in ITA No.1232/Bang/2026, dated 29/06/2026. Elaborating on her contention, the Ld. AR submitted that there is no dispute regarding the foreign dividend income earned by the assessee, the payme....

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....thin the prescribed time limit. As observed by us herein above, an identical issue had come up for consideration in the case of Pornprapha Pholdahan vs. ITO, Ward-4(1)(1), Bangalore, in ITA No.1232/Bang/2026, dated 29/06/2026 (supra), wherein, it was held that where Form No. 67 is not filed within time but is available at the assessment or appellate stage, or within such further time as may be permitted by judicial decisions or circulars, the benefit should not be denied merely on account of delay. Accordingly, the Tribunal had directed the AO to grant the FTC where the substantive conditions stood satisfied. 12. In the case before us, we find that the facts therein involved are identical. Admittedly, the Revenue has not disputed the ass....