Shashank Sadashiv Karkare Vs ITO (ITAT Pune)
The appeal was filed by the assessee, Shashank Sadashiv Karkare, against the order of the National Faceless Appeal Centre (NFAC), Delhi, for the Assessment Year 2020-21. The assessee, an individual employed with M/s. John Deere India Pvt. Ltd., had salary income from both the USA and India. He filed his return of income on 26.03.2021, declaring a total income of ₹60,00,500 and claiming foreign tax credit of ₹5,63,516 under Sections 90/90A of the Income Tax Act.
However, the Centralized Processing Center (CPC), Bangalore, denied the foreign tax credit on the ground that Form No. 67 was not filed within the prescribed due date. The NFAC upheld this decision, stating that the delayed filing of Form No. 67 disqualified the assessee from claiming the credit.
The Income Tax Appellate Tribunal (ITAT), Pune, held that the requirement to file Form No. 67 within the due date for return filing is directory and not mandatory. Since the form was available at the time of return processing, the CPC should have considered it. Accordingly, the ITAT directed the CPC to amend the intimation under Section 143(1) and allow the foreign tax credit.
Assessee was represented by Saurabh Jadhav
FULL TEXT OF THE ORDER OF ITAT PUNE
