Sangeeta Prasad v. ITO

Parties Involved

Facts Summary

Sangeeta Prasad, a USA citizen residing in India, filed an appeal against the Income Tax Officer's order denying her foreign tax credit for taxes paid in the USA. The assessee claimed a foreign tax credit of Rs. 23,48,278/- in her income tax return filed on 28.08.2018. However, the CPC issued an intimation on 21.03.2020 denying the credit due to the non-filing of Form No. 67. The assessee filed a rectification application on 28.03.2020, which was also denied. The assessee filed Form No. 67 on 08.02.2023 and another rectification application on 20.02.2025, which were also dismissed. The assessee further filed an appeal with the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal, both of which were dismissed. The assessee argued that the non-filing of Form No. 67 was a procedural defect and not mandatory, citing a previous order of the Tribunal in her favor.…

Legal Issues

• 1. Whether the non-filing of Form No. 67 is a mandatory requirement or a procedural defect?
• 2. Whether the denial of foreign tax credit due to the non-filing of Form No. 67 is justified?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Aparna Girish Hebbani Vs. Income Tax Officer, Ward – 2(2)(1), Mumbai

  Mumbai benchAY 2019-20Allowed

• Kavish Arora vs. Commissioner of Income Tax (Appeals)

  Delhi Bench benchAY 2020-21Allowed

• Suvodeep Pyne vs. ITO, Ward-63(1), Kolkata

  Kolkata Bench benchAY 2018-19 & 2020-21Allowed

• Subhash Ishvarbhai Patel vs. ACIT

  Ahmedabad bench

• Shri Nobuhiro Watabe vs. The Deputy Commissioner of Income Tax

• Natasha Chopra vs. DCIT

  Delhi Bench 'E', New Delhi benchAY 2018-19, 2019-20, 2020-21 & 2021-22Allowed