Search Results Page
Search Results
1 - 10 of 13 (2.08 seconds)Section 91 in The Income Tax Act, 1961 [Entire Act]
Section 139 in The Income Tax Act, 1961 [Entire Act]
The Code of Civil Procedure, 1908
The Income Tax Act, 1961
Section 253 in The Income Tax Act, 1961 [Entire Act]
Section 250 in The Income Tax Act, 1961 [Entire Act]
Section 1 in The Income Tax Act, 1961 [Entire Act]
Sh. Sham Sunder Sharma, Chandigarh vs Dcit, Chandigarh on 9 February, 2018
BachaspatimayumUmakanta Sharma Vs. DCIT in ITA No. 740/Chd/2022 dt. 18/04/2023
Ms. Brinda Rama Krishna Vs. ITO reported in 193 ITD 840 (BangloreTrib)
42 Hertz Software India (P) Ltd. Vs. ACIT reported in 139 taxmann.com 448 (Bangalore
Trib)
Sonakshi Sinha Vs. CIT(A) reported in 142 taxmann.com 414 (Mumbai Trib)
AnujBhagwatiVs. DCIT in ITA No. 1844/Mum/2022 dt. 20/09/2022
NirmalaMurliRelwaniVs.
Ptc Software (India) Pvt.Ltd, Pune vs Acit, Cir 4, Pune on 11 September, 2017
Further rule 128 (4) clearly provides the condition where the foreign tax credit would not be
allowed. Rule 128 (9) does not say that if prescribed form would not be filed on or before
the due date of filing of the return no such credit would be allowed. Further by the
amendment to the rule with effect from 1 April 2022, the assessee can file such form
number 67 on or before the end of the assessment year. Therefore, legislature in its own
wisdom has extended such date which is beyond the due date of filing of the return of
income. Further , the fact in the present case is quite distinct then the issue involved in the
decision of the honourable Supreme Court in case of Wipro Ltd (supra). Here it is not the
case of violation of any of the provisions of the act but of the rule, which does not provide
for any consequence, if not complied with. Therefore, respectfully following the decisions
of the coordinate bench on this issue, we hold the assessee is eligible for foreign tax credit,
as she has filed form number 67 before completion of the assessment, though not in
accordance with rule 128 (9) of The Income Tax Rules, which provided that such form shall
be filed on or before the due date of filing of the return of income. Accordingly, ground
number 2 of the appeal of the assessee is allowed.