Delay in Filing Form 67 Not Fatal- Foreign Tax Credit Is a Substantive Right- Cannot Be Denied for Procedural Lapse- Form 67 Filing Directory, Not Mandator: ITAT Kolkata

Bidyut Prakas Bhattacharya Vs ITO (ITAT Kolkata) Assessee, an individual, was employed in Kenya & had paid foreign taxes of ₹6,39,970 on his Kenyan salary income. He filed his return of income in India on 12.02.2019, claiming credit for such foreign taxes under section 90 read with Rule 128. However, the required Form 67—meant for claiming Foreign Tax Credit (FTC)—was filed on 14.02.2019, i.e., two days after filing the return. CPC, Bengaluru, while processing the return u/s 143(1), denied the FTC claim & raised a demand of ₹8,83,450. Assessee’s rectification application u/s ...