Hariharan Krishnan vs. Income Tax Officer

Parties Involved

Facts Summary

The assessee, Hariharan Krishnan, was employed with M/s Infosys and was deputed to the USA during the year under consideration. He paid tax equivalent to Rs. 95,537/- in the USA on the income earned there. In his return of income, the salary drawn during the USA deputation was included in the gross total income. However, the Foreign Tax Credit (FTC) of Rs. 95,537/- was inadvertently claimed under Section 89 instead of Section 90 of the Income Tax Act, 1961. The assessee revised his return on 09.11.2019 to claim the correct deduction of FTC under Section 90 but did not file Form No. 67 within the prescribed due date. The claim of FTC in the revised return was disallowed. The assessee filed Form 67 on 01.04.2021 and an application for rectification under Section 154 of the Act, which was not allowed. The assessee appealed to the Commissioner of Income Tax (Appeals) (CIT(A)), who dismissed the appeal. The assessee then appealed to the Income Tax Appellate Tribunal (ITAT).…

Legal Issues

• 1. Whether the FTC of Rs. 95,537/- can be denied merely because Form No. 67 was filed after the prescribed due date.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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