Kumar Saurabh vs. Income Tax Officer, Wd-4(1), Patna

Parties Involved

Facts Summary

Kumar Saurabh, an employee of State Bank of India, worked in Germany during the assessment year 2019-20. He claimed a foreign tax credit (FTC) of Rs. 3,49,286/- for tax deducted at source by SBI Germany. However, he filed Form 67, required for claiming FTC, after the due date. The Income Tax Appellate Tribunal (ITAT) had to decide if the delay in filing Form 67 should result in the denial of FTC. The Tribunal referred to previous decisions and held that the filing of Form 67 is directory in nature and not mandatory, and thus, the delay should not result in the denial of FTC.…

Legal Issues

• 1. Whether the delay in filing Form 67 should result in the denial of Foreign Tax Credit?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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