Smt. Anita Sandhu Vs ITO (ITAT Chandigarh)
ITAT Chandigarh held that since Form 67 has actually been filed within extended date of filing the return of income hence Foreign Tax Credit (FTC) claimed by the assessee is granted.
Facts- The assessee had filed her return of income (APB 11- 18) for assessment year 2021-22 on 02.09.2021. In the return of income, the assessee claimed Foreign Tax Credit of Rs.71,308/- paid as tax in Canada. Form 67, i.e., submission of income from a country or specified territory outside India and FTC, was filed alongwith the return of income, on 02.09.2021.
Vide intimation issued u/s. 143(1) of the Income Tax Act, dated 05.07.2023, the assessees claim of FTC was declined. CIT(A) has confirmed this disallowance. Being aggrieved, the present appeal is filed.
Conclusion- Held that Form 67 has actually been filed within the extended date of filing the return of income, I refrain from entering any comment on such observation of the ld. CIT(A), since this controversy does not arise herein. I reverse the order of the ld. CIT(A), finding it to be an outcome of non-reading of material documentary evidence brought on record by the assessee, in the shape of the Acknowledgement Receipt of the Form 67 filed on 02.09.2021 alongwith the return of income. Accordingly, I direct the AO to take cognizance of the Form 67 filed and grant FTC to the assessee, as the assessee may be entitled to, in accordance with law.
