Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1954

Supreme Court of India · 1954-11-01

GENERAL FAMILY PENSION FUND vs THE COMMISSIONER OF INCOME-TAX,WEST BENGAL.

Citation / case number
SC 1953/1423
Court
Supreme Court of India
Petitioner
GENERAL FAMILY PENSION FUND
Respondent
THE COMMISSIONER OF INCOME-TAX,WEST BENGAL.
Bench
MAHAJAN, MEHAR CHAND (CJ),DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court ruled that under Section 10(7) of the Indian Income-tax Act, 1922, the profits of life insurance businesses must be computed separately under Rule 2(a) and Rule 2(b) of the rules published in 1939, with income-tax levied on the greater amount. The Court clarified that the mere statement of the Departmental Representative does not constitute a finding of fact by the Tribunal. The business of granting terminable pensions or annuities is classified as life insurance under Section 2(11) of the Insurance Act, 1938. The appeal was decided in favor of the appellant, affirming the need for separate computations for tax purposes.

GENERAL FAMILY PENSION FUND vs THE COMMISSIONER OF INCOME-TAX,WEST BENGAL. · Niyam