Venkatanarayanan Somayaji Lakshminarasimha Vs PCIT (Madras High Court)
Madras High Court held that delay in filing of Form 67 is only procedural lapse hence delay condoned on payment of cost of Rs. 10,000. Accordingly, writ petition is disposed of.
Facts- The petitioner filed his income tax return for the Assessment Year 2018-2019 on 30.06.2018, admitting an income of Rs.68,81,870/- which included foreign income of Rs.65,61,171 and claimed a sum of Rs.18,85,919/-towards foreign tax credit which was withheld by employer. While so, the 2nd respondent sent a communication to the petitioner dated 14.05.2020 stating that relief under Section 90 of the Act i.e. Foreign tax credit was not considered, for the reason that Form 67 was not submitted along with income tax return.
Conclusion- Held that as rightly contended by the petitioner, the delay in filing the Form 67 is only the procedural lapse. Rule 128 is not mandatory but to be considered as directory in nature. Thus, this Court is inclined to condone the delay in filing the Form 67 subject to payment of a cost of Rs.10,000/- to the Principal Government Naturopathy Medical College and Hospital.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
This writ petition has been filed challenging the impugned order dated 06.09.2024 passed by the 3rd Respondent vide ITBA/COM/F/17/2024-25/1068426359(1) for Assessment Year 2018-2019 and quash the same and direct the 3rd Respondent allow the foreign tax credit for the Assessment Year 2018-2019,if necessary by condoning the delay in filing Form No.67.
