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march 1967

Supreme Court of India · 1967-03-23

UNION CO-OPERATIVE INSURANCE SOCIETY LTD.,BOMBAY vs COMMISSIONER OF INCOME-TAX, BOMBAY

Citation / case number
SC 1966/60185
Court
Supreme Court of India
Petitioner
UNION CO-OPERATIVE INSURANCE SOCIETY LTD.,BOMBAY
Respondent
COMMISSIONER OF INCOME-TAX, BOMBAY
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Rule 6 of the Schedule to the Income-tax Act, the Income-tax Officer is not obliged to accept the profit and loss account figure for determining the profits of insurance business. The Court clarified that debiting estimated bonus payments to the profit appropriation account does not alter the character of the expenditure, which is allowable under Section 10(2)(xv) as it is incurred wholly and exclusively for business purposes. The Court ruled that the liability for bonus payment becomes actual once the policy is renewed, thus allowing the company to claim the deduction.

UNION CO-OPERATIVE INSURANCE SOCIETY LTD.,BOMBAY vs COMMISSIONER OF INCOME-TAX, BOMBAY · Niyam