Bidyut Prakas Bhattacharya Vs. I.T.O., Ward-52(1), Kolkata
Case No: I.T.A. No.: 2016/KOL/2024
Court: INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘SMC’ BENCH, KOLKATA
Date: 10/7/2025
Parties Involved
appellantBidyut Prakas Bhattacharya
respondentI.T.O., Ward-52(1), Kolkata
Facts Summary
The assessee, Bidyut Prakas Bhattacharya, filed his income tax return for assessment year 2018-19 on 12 February, 2019, claiming foreign tax credit (FTC) amounting to Rs. 6,39,970 which was paid in Kenya against salary income from Kenya. The prescribed Form 67 towards claim of foreign tax credit could not be filed by mistake before filing of income tax return. The same was filed on 14 February, 2019, which was two days after filing of income tax return. Hence, the assessee had correctly complied…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the failure to file Form 67 within the due date should result in the denial of Foreign Tax Credit (FTC).
- 2. Whether the interest levied under section 234A amounting to Rs. 38,394 is justified.
2 more legal issues analysed in this judgement.
Precedents Relied Upon
9 precedents cited in this judgement.