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CBDT has issued a circular on 9th Sep 21 extending the timelines for certain direct tax compliances for AY 2021-22.
1. ITR filing due date extension:
i) ITR filing by taxpayers not covered under audit is extended from 30th Sep 21 to 31st Dec 21
ii) ITR filing for tax audit cases is extended to 15th Feb 22
iii) ITR filing for transfer pricing is extended to 28th Feb 22
iv) ITR filing of belated or revised return for FY 20-21 is extended from 31st Dec 21 to 31st March 22
2. Furnishing audit report:
i) Due date to furnish the audit report is extended to 15th Jan 22
ii) Due date to furnish the audit report for transfer pricing cases is extended to 31st Jan 22
Assume a scenario where a taxpayer is a tax resident of Country A (Residence State) and he is in receipt of income from Country B (Source State). The Source State withholds a portion of taxes on the income received by the taxpayer in that country. Further, the Residence State, according to its tax laws, would tax the taxpayer on his worldwide income which would include income from the Source State too.
This would result in the taxpayer getting taxed on his income twice i.e. once in the Source State and once in th Residence State. To address this, the tax laws in various countries provide for a mechanism whereby the Residence State allows a deduction of taxes paid in the Source State from the total tax liability in the Residence State.
The concept of claiming deduction or credit of taxes paid in Source State against tax liability in Residence State is called Foreign Tax Credit.
As per the tax laws of India, sections 90 and 91 of the Income-tax Act deal with the concept of FTC. Section 90 discusses claiming of FTC in a case where India has entered into a Double Taxation Avoidance Agreement (DTAA) with another country and such DTAA provides for claiming of such FTC while Section 91 deals with claiming of FTC in scenarios where India has not entered into a DTAA with the country where the income arises for a taxpayer. Under these sections, if the taxpayer is a resident of India, and he has paid taxes outside India, he can claim a credit of such foreign taxes paid against his tax payable in India.
Rules for claiming FTC have been notified under Rule 128 w.e.f 1.4.2017 which have helped clear out ambiguity around claiming of FTC, some of which have been briefly captured here under:
In accordance with Rule 128, in order to claim FTC, the taxpayer is required to file following documents on or before due date of filing of return:
1. A statement of :
2. Certificate or statement specifying the nature of income and the amount of tax deducted therefrom or paid by the taxpayer :
3. Proof of payment of taxes outside India.
Form 67, as mentioned above, is a crucial document that has to be furnished in order to claim FTC by a taxpayer. It is also essential that it be furnished on or before the due date of filing return of income under section 139(1) i.e. the original return of income.
The CBDT, vide notification no. 9/2017 dated 19 September 2017 has prescribed the procedure for filing Form 67 which have been enumerated here: