Delay in Filing Form 67

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208 Points Joined August 2009
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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On 08 June 2021 at 20:43 Report
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tax consultant
3306 Points Joined October 2018
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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On 08 June 2021 at 21:27
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208 Points Joined August 2009
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.
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On 08 June 2021 at 21:34
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tax consultant
3306 Points Joined October 2018
Then apply to cbdt.
also move an application under 154 before the ao
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On 08 June 2021 at 21:39
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208 Points Joined August 2009
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?
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On 08 June 2021 at 21:44
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tax consultant
3306 Points Joined October 2018
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 if cbdt gives positive response then the appeal can be withdrawn.
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On 08 June 2021 at 21:53
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Others
32 Points Joined January 2015

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

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On 28 July 2021 at 10:00
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208 Points Joined August 2009
No, CIT has defined condolence siting CBDT is yet to authorize them for condoning such delay
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On 28 July 2021 at 10:46
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32 Points Joined January 2015

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?

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On 13 August 2021 at 02:43
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208 Points Joined August 2009
No option for online. Send physical letter to CBDT.
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On 13 August 2021 at 08:37
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Service
95 Points Joined September 2015

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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On 07 October 2021 at 23:26
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2 Points Joined March 2023

Hi,

 

I am also facing the same issue.  one of my client has filled ITR without filling of Form 67 for which the client wants to get the relief u/s 90.

Kindly suggest at the earliest,

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On 18 March 2023 at 01:05


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