Shri Senthil Nathan Ramakrishna Babu vs. ITO

Parties Involved

Facts Summary

The assessee, Shri Senthil Nathan Ramakrishna Babu, filed Form 67 with a revised return of income on 30-03-2019 to claim a Foreign Tax Credit of Rs.9.17 Lacs for the Assessment Year 2018-19. However, the Commissioner of Income Tax (Appeals) denied the claim for Foreign Tax Credit as the requisite Form 67 was not filed along with the return of income as required under Rule 128(9). The assessee appealed against this order, and the matter was heard on 24-09-2024. The Tribunal found that the filing of Form 67 was directory in nature and upheld the assessee's claim for Foreign Tax Credit.…

Legal Issues

• 1. Whether the filing of Form 67 is mandatory or directory?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• ITA Nos 760 and 761 of 2024 Ramesh Babu Jasti

  Hyderabad bench

• Yogesh Nandlal Chande v/s Income Tax Officer

  Nagpur bench

• Basavalinga Sadasivaiah Ajaikumar vs. The Asst. Director of Income Tax, CPC Bengaluru

  Bangalore bench

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

  Patna bench

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

  Delhi Bench benchAY 2020-21Allowed

• Bidyut Prakas Bhattacharya Vs. I.T.O., Ward-52(1), Kolkata

  Kolkata 'SMC' Bench benchAY 2018-19Allowed