Share via Whatsapp  182 Views
 
The Tax Publishers

Delayed filing of Form 67 for availing tax credit does not invalidate rightful tax credit 

Facts: Assessee belatedly filed Form 67 which was supposed to be filed before the due date of filing return of income as per law. Lower authorities denied tax credit. Application for rectification under Section 154 by assessee for denial of tax credit was dismissed citing that this was a fact of law beyond powers of rectification. On higher appeal - 

Held in favour of the assessee - filing of Form 67 is only directory and not mandatory. Delayed filing does not disentitle the assessee of genuine tax credit due to him. 

Applied:

ITA No. 454/Bang/2021 : 2022 TaxPub(DT) 1316 (Bang-Trib) in the case of Ms. Brinda Rama Krishna v. ITO.

ITA No. 1704/Mum/2022 : 2022 TaxPub(DT) 6587 (Mum-Trib) in the case of Sonakshi Sinha v. CIT(A)/National Faceless Appeal Centre (NFAC).

Case: Bhaskar Dutta v. DCIT 2023 TaxPub(DT) 173 (Del-Trib)

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com