Kamlesh D. Patel Vs ACIT (ITAT Ahmedabad)
ITAT Ahmedabad directs CIT(A) to decide the denial of Foreign Tax Credit (FTC) due to delay filing of Form No. 67 to be decided with other pending appeal of the same assessment year. Accordingly, matter remitted to CIT(A).
Facts- The assessee is an individual and Senior Citizen who has filed his Return of Income declaring income of Rs.2,63,76,090/- including agriculture income of Rs.26,02,000/. The return was taken for scrutiny assessment and various notices issued. Since the Income Tax Portal was closed from 01-06-2021, the assessee could not upload its reply to the notices issued by AO. Therefore, AO passed an exparte assessment order treating the agriculture income as unexplained cash credit u/s. 68 of the Act and also denied the claim of Foreign Tax Credit relief u/s. 90 of the Act to the tune of Rs.10,35,734/- since Form No. 67 was not filed along with the Return of Income.
In the meanwhile, AO found though the relief u/s. 90 of the Act to the tune of Rs.10,35,734/- was disallowed to the assessee, however in the computation sheet, the same was mistakenly granted to the assessee which is an apparent mistake on record. Therefore, AO passed the Rectification order demanding a sum of Rs.30,90,458/- after adjusting the refund already issued of Rs.6,86,660/-.
