SATHYANARAYANAN PADMANABHAN, CHENNAI V. ACIT, CHENNAI

ITA 436/CHNY/2023

AI Insights

The case involves Shri Sathyanarayanan Padmanabhan, the appellant, who appealed against the denial of a foreign tax credit of Rs.1,86,365 by the ACIT, Chennai. The denial was based on the non-furnishing of Form 67, as required under Rule 128(9) of the Income Tax Rules, along with the return of income under section 139(1) of the Income Tax Act. The Tribunal noted a minor delay in the appeal, which was condoned. Citing a similar case where the Tribunal had ruled in favor of the assessee, the Tribunal directed the assessee to submit the required form for verification by the AO.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134414 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 28-05-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 04-04-2023
• Other Referred Cases: Shri Prakash Varadarajulu vs. DCIT (ITA No.990/Chny/2022 order dated 16-02-2023)
• Laws Referred To: Rule 128(9), Section 139(1)
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PMN.BHAGAVATH KRISHNAN

Judgement Text

आयकर अपीलीय अिधकरण “सी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय +ी वी. द ु गा1 राव, ाियक सद2 एवं माननीय +ी मनोज कु मार अ7वाल ,लेखा सद2 के सम9। BEFORE HON’BLE SHRI V. DURGA RAO, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ITA No.436/Chn y/2023 (िनधा1रणवष1 / Assessment Year: 2018-19) Shri Sathyanarayanan Padmanabhan F2, B Block, Doshi Trinity Park 178, Vengai Vasal Main Road, Santhosapuram, Chennai-600 073. बनाम/ V s . ACIT Chennai. थायीलेखासं./जीआइआरसं./PAN/GIR No.A KS PP -5 380-N (अपीलाथ /Appellant) : ("#थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri PMN.Bhagavath Krishnan (Advocate) – Ld.AR "#थ कीओरसे/Respondent by : Shri P.Sajit Kumar (JCIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 29-05-2023 घोषणाकीतारीख/Date of Pronouncement : 29-05-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The sole grievance of the assessee in captioned appeal is denial of foreign Tax Credit for Rs.1,86,365/-. The same has been denied on the ground that Form 67 as required under Rule 128(9) was not furnished along with return of income u/s 139(1). The registry has noted minor delay of 5 days in the appeal which stand condoned considering the period of delay. 2 ITA No. 436/Chny/2023 2. We find that similar issue has been adjudicated by co-ordinate bench of this Tribunal in assessee’s favor in the case of Shri Prakash Varadarajulu vs. DCIT (ITA No.990/Chny/2022 order dated 16-02- 2023) wherein it has been held that filing of Form 67 is directory and not mandatory. Taking consistent view, we direct the assessee to furnish Form 67 to Ld. AO who shall verify the same. If the same is found n order, tax credit shall be granted to the assessee. 3. The appeal stand allowed for statistical purposes. Order pronounced on 29 th May, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) ाियक सद2/JUDICIAL MEMBER लेखासद2 / ACCOUNTANT MEMBER चे5ईChennai; िदनांकDated : 29-05-2023 DS आदेशकीXितिलिपअ7ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant2. यथ /Respondent 3. आयकरआय ु त/CIT4. वभागीय त न ध/DR 5. गाड फाईल/GF