ITAT Allows Foreign Tax Credit as Delay in Form 67 Filing Is Directory, Not Mandatory

Pakala Shailendra Prasad Vs ITO (ITAT Hyderabad) The appeal before the Income Tax Appellate Tribunal (ITAT), Hyderabad, arose from the order of the Commissioner of Income Tax (Appeals), NFAC, for AY 2021-22. The Tribunal first considered a delay of 57 days in filing the appeal. The assessee explained that the appeal in Form No. 36 had been filed online on 15 February 2023, within the prescribed time, while the physical acknowledgment and enclosures were submitted to the ITAT on 12 April 2023. After considering the explanation and affidavit, the Tribunal condoned the delay and admitted the appe...