#foreign tax credit

The ITAT Pune has ruled that failure to file Form 67 by the due date does not extinguish the right to claim Foreign Tax Credit under the India-USA DTAA, as compliance is procedural and directory, not mandatory. This empowers taxpayers with legitimate foreign tax payments to secure credit even with technical delays, reinforcing substance over form in international tax disputes.

ITAT Bangalore holds that a delayed Form 67 submission does not automatically disqualify a taxpayer from claiming foreign tax credit under Section 90, provided the credit was claimed in the return. The ruling clarifies that procedural delays in filing Form 67 should not override substantive entitlement to relief under Double Taxation Avoidance Agreements.

The ITAT Pune held that non-filing of Form 67 by the due date is a procedural irregularity, not a substantive bar to claiming Foreign Tax Credit under a Double Taxation Avoidance Agreement. This ruling protects resident taxpayers from losing legitimate tax relief due to administrative delays, reinforcing that DTAA obligations override rigid rule enforcement under the Income Tax Act.

The ITAT Mumbai ruled that denying foreign tax credit under Section 90/90A solely for delayed submission of US tax documents violates treaty relief principles, provided the taxpayer furnishes complete, verifiable evidence of foreign tax paid before final assessment. This sets a vital precedent for NRIs and cross-border earners facing procedural delays in foreign tax documentation.

The ITAT Delhi has ruled that failure to file Form 67 by the due date under Section 139(1) is a procedural lapse, not a substantive bar to claiming Foreign Tax Credit. This decision affirms that Rule 128(9) is directory, not mandatory, protecting taxpayers who meet all other eligibility criteria despite technical delays.

ITAT Agra rules that foreign tax credit claims under Double Taxation Avoidance Agreements (DTAA) cannot be invalidated merely due to delayed Form 67 filing. The tribunal held that Rule 128(9) of the Income Tax Rules is procedural, not mandatory, and treaty rights prevail over procedural non-compliance, offering relief to taxpayers with foreign income.

ITAT Delhi rules that belated filing of Form 67 does not extinguish the substantive right to claim Foreign Tax Credit under DTAA, reinforcing that procedural defects cannot override treaty-based entitlements. The decision applies Delhi HC precedent, ensuring taxpayers retain FTC claims despite administrative delays.

ITAT Indore holds that belated filing of Form 67 does not disentitle taxpayer to FTC under Section 90/90A, as it is a directory requirement and DTAA rights prevail.