Answer

ITR

Foreign tax credit denied in the intimation

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  1. Facts

    Foreign tax credit needs Form 67. If Form 67 was filed after the return but within the time the rules allow, CPC may still have missed it. A rectification asking to reprocess can bring the credit in if Form 67 is on record.

  2. Provisions and law

    • Sec 90 (now Sec 159)Relief under a tax treaty for tax paid abroad
    • Sec 154 (now Sec 287)Rectification of mistake apparent from record in an intimation or order
    • Rule 128, Income-tax Rules 1962 (now Rule 76)Foreign tax credit and Form 67
  3. Analysis

    Check that Form 67 is filed for the right assessment year and shows the same foreign tax as Schedule FSI and TR of the return. If both match and CPC still denied, Reprocess the Return is the request type. If Form 67 was filed after the cut off the rules allow, CPC may reject again; then a reply explaining the delay or an appeal may be needed. Check the latest rule text on the deadline before relying on a late Form 67.

  4. Conclusion

    1. Confirm the Form 67 acknowledgement and the assessment year
    2. Match foreign tax in Form 67 with Schedules FSI and TR
    3. File Reprocess the Return
    4. If rejected, consider an appeal within 30 days of the rectification order

Check the latest rule on the Form 67 due date; it has changed before.

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Rectification, Sec 154 (now 287)

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