Subhash Ishvarbhai Patel vs. ACIT

Parties Involved

Facts Summary

The assessee filed a return of income for the assessment year 2020-21, declaring taxable income of Rs. 2,20,41,980/-. The assessee claimed relief under section 90/90A of the Act for Rs. 4,86,257/- on income received from the USA amounting to Rs. 39,45,510/-. However, the relief was not allowed by the Commissioner of Income Tax (Appeals) as the assessee had not filed Form No. 67 before the due date specified under section 139(1). The assessee filed an appeal against this order, arguing that the filing of Form No. 67 is a procedural requirement and the delay should not deny the assessee the benefit of foreign tax credit.…

Legal Issues

• 1. Whether the Ld.CIT(A) erred in dismissing the appeal by not allowing the foreign tax credit?
• 2. Whether the delay in filing Form No. 67 can deny the assessee the benefit of foreign tax credit?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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