Ratanlal Bhura Vs DCIT (ITAT Kolkata)
ITAT Kolkata held that since filing of Form 67 is procedural in nature, delay in filing of the same cannot be the reason for denial of relief under section 90 of the Income Tax Act. Accordingly, appeal allowed.
Facts- The assessee is a resident individual. During the assessment year under consideration as per the return of income of the assessee he had earned gross income of Rs. 15,69,370/-. In the intimation u/s 143(1) of the Act and rectification order u/s 154 of the Act the claim of the tax relief of Rs. 3,02,014/- u/s 90/90A of the Act has not been granted by the CPC, Bengaluru.
CIT(A) dismissed the appeal holding that there was a delay in filing of Form-67 and as per sub-Rule 9 of Rule 128 of the Income Tax Rules, 1962 it was mandatory, ignoring the judgment pronounced by the Coordinate Bench of ITAT, Kolkata.
Being aggrieved, the present appeal has been preferred.
Conclusion- Held that filing of Form-67 is a procedural formality and could not be the basis for denial to the assessee. Thus, AO ought not to deny the relief u/s 90 of the Act merely for delay in filing of Form-67. The present fact is squarely covered with the cited judicial pronouncements of the ITAT. Accordingly, considering the facts of the present case and in light of the decision of the Coordinate Bench, we allow the appeal of the assessee.
