Foreign Tax Credit Allowed as Form 67 Delay Is Procedural: ITAT Mumbai

Aparna Girish Hebbani Vs ITO (ITAT Mumbai) Foreign Tax Credit Cannot Be Denied for Delay in Filing Form 67 – Procedural Lapse Cannot Defeat Substantive DTAA Rights The Mumbai ITAT held that Foreign Tax Credit (FTC) cannot be denied merely due to delay in filing or verification of Form 67, when the assessee has substantively paid foreign taxes and offered the same income to tax in India. In this case, the assessee, an NRI employed in Australia, claimed FTC under Section 90 read with the India–Australia DTAA for taxes paid on salary income in Australia. Although the return was filed within t...