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Delay in Filing Form 67

CA CS Ravi Jaiswal (Working) (208 Points)

08 June 2021

CPC has disallowed relief of foreign tax credit on account of not filing Form 67 within due date. Is any remedy available to the Assessee now?

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11 Replies

veerendar singh (tax consultant) (3301 Points)
Replied 08 June 2021

If form 67 was not filed then you should have received 139(9) notice. so that you could have another opportunity.

you must file form 67 asap and draft a condonation request.
then contact the department.

i think either an order under 154 should be passed or the commissioner should give relaxation under 119.

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CA CS Ravi Jaiswal (Working) (208 Points)
Replied 08 June 2021

No notice of 139(9) was recieved. Form 67 was filed before passing of order by CPC but still they have disallowed as it was after due date.
CIT has denied condolence u/s 119 stating that provision for condolence for form 67 lies with CBDT only.

veerendar singh (tax consultant) (3301 Points)
Replied 08 June 2021

Then apply to cbdt.
also move an application under 154 before the ao

CA CS Ravi Jaiswal (Working) (208 Points)
Replied 08 June 2021

Rectification u/s 154 has been rejected by CPC on the ground that ITR has been correctly processed. Will apply to CBDT for condolence. Do I need to file appeal also?

veerendar singh (tax consultant) (3301 Points)
Replied 08 June 2021

Cpc never gives proper response to 154.
go with a 154 application before AO.
yes appeal can be filed against 143(1) order. it will be a good idea to file appeal also. if cbdt gives positive response then the appeal can be withdrawn.

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Ashish (Others) (32 Points)
Replied 28 July 2021

Hi Ravi, were you able to resolve it? I am in the same boat.

CA CS Ravi Jaiswal (Working) (208 Points)
Replied 28 July 2021

No, CIT has defined condolence siting CBDT is yet to authorize them for condoning such delay

Ashish (Others) (32 Points)
Replied 13 August 2021

Is it possible to file condonation with CBDT online? I only see ITR-V as the option in condonation request.

Or I have to send a physical letter to their office?

CA CS Ravi Jaiswal (Working) (208 Points)
Replied 13 August 2021

No option for online. Send physical letter to CBDT.

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D K Gupta (Service) (95 Points)
Replied 07 October 2021

After how many days of filing Form 67 one can submit ITR-2 as acknowledgement states that "The submitted Form would be sent for further processing. In case there is any discrepancy, a notification will be sent to your registered e-mail. Kindly check for email from e-Filing."

By which time one can receive a notification from IT Department in this regard.

Seeking advise from experts & their experiences please.

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