Delay in filing Form 67 cannot be sole reason for denial of Foreign Tax Credit

Sanmoy Ray Vs ITO (ITAT Kolkata) ITAT Kolkata held that Foreign Tax Credit cannot be denied for delayed filing of Form No. 67 since the provision of DTAA override the provision of Section 90 of the Act and also filing it is directory requirement and not mandatory requirement. Accordingly, appeal allowed. Facts- In this case, the assessee filed return of income on 16.07.2023, which was processed u/s 143(1) of the Act and Foreign Tax Credit (FTC) was denied by the AO-CPC. Addl./JCIT(A) also dismissed the appeal on the ground that the FTC in Form 67 was not filed within the due date for filing of...