I have a question. I am an Indian resident. In FY 2019-20, I worked for 2.5 months abroad with only a foreign salary and paid foreign tax. The foreign country has a Double Tax Avoidance Agreement (DTAA) with India. Due to some reason, my ITR for FY 2019-20 has not been filed yet within the last due date 10/01/2021, so I have to file a belated return now. Per DTAA, I would like to cut down the double tax through Tax Credit relief u/s 90 using Form 67. Is it possible now after the due date to avoid double tax if I fill & submit Form 67 before filling ITR2? I read somewhere that this form is supposed to be filled within the due date but I can see that Form 67 for that FY is still available on the income tax website. Can I still fill it now so that the tax credit reflects in my ITR2 form? If not, what would be the solution?
22 January 2021
Hi CA Ms. Rashmi Gandhi, I have not filed my original return yet so revising the return is not yet in the picture. The main question is that is it possible to avoid double tax through tax credit if I fill Form 67 & ITR2 both after the due date. As per the Income Tax website, I see that is done only within due date u/s 139(1) but I am not sure:
01 December 2021
No. you cannot file it after due date. Representation is made... Refer: https://taxguru.in/income-tax/rejection-foreign-tax-credit-delay-non-filing-form-67.html
CAclubindia
