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INCOME TAX APPELLATE TRIBUNAL (BANGALORE BENCH)
SHRI GEORGE GEORGE K, VP, SHRI LAXMI PRASAD SAHU, AM
MOOG MOTION CONTROLS PRIVATE LIMITED BANGALORE – Appellant
Versus
ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1) BANGALORE – Respondent
| Table of Content |
|---|
| 1. case background and assessment details. (Para 3 , 4) |
| 2. court views on procedural requirements and implications. (Para 5 , 6) |
| 3. claim for foreign tax credit procedural issues. (Para 7) |
| 4. final decision on the appeal and directives. (Para 8) |
ORDER
Per Laxmi Prasad Sahu, Accountant Member :
This is an appeal filed by the assessee against the order passed by the National Faceless Appeal Centre (NFAC), Delhi, (DIN & Order No. ITBA/APL/S/250/2023-24/1058573293(1)) dated 08.12.2023, on the following grounds of appeal:
1. The learned CIT(A) grievously erred by denying the claim for credit in respect of foreign taxes paid to the extent of Rs. 4,86,566/- u/s 90 of the Income Tax Act, 1961 . on the contention that Form 67 was not filed before the time limit specified u/s 139(1), without appreciating that the withholding tax certificates for which relief u/s 90 was claimed was received only after the time limit specified u/s 139(1) had lapsed. The learned CIT(A) also failed to appreciate that delay in filing Form 67 is merely a procedural lapse and ought not to be a hindrance in allowing a claim rightfully due to a taxpayer.
2. The learned CIT(A) grievously erred by sustaining t
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