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Hyderabad ITAT: Belated Filing of Form 67 Cannot Defeat Foreign Tax Credit under Section 90 and DTAA
Case Law Details
- Case Name
- Rupesh Kumar Rasiklal Mehta Vs DCIT (ITAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2019-20
- Courts
- All ITAT, ITAT Hyderabad
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Rupesh Kumar Rasiklal Mehta Vs DCIT (ITAT Hyderabad)
Hyderabad ITAT: Belated Filing of Form 67 Cannot Defeat Foreign Tax Credit under Section 90 and DTAA
The Hyderabad ITAT held that Foreign Tax Credit (FTC) cannot be denied merely because Form 67 was filed after the due date prescribed under Rule 128 of the Income-tax Rules. The assessee had offered to tax in India the dividend income earned from the USA, on which tax had already been withheld in the United States, and claimed FTC of ₹85,842 under section 90 read with the India–USA DTAA. The CPC rejected the claim while p...
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