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may 2007

Supreme Court of India · 2007-05-18

C0MMNR. OF INCOME TAX, NEW DELHI vs ORIENTAL FIRE & GENERAL INSURANCE CO.LTD

Citation / case number
SC 2004/26127
Court
Supreme Court of India
Petitioner
C0MMNR. OF INCOME TAX, NEW DELHI
Respondent
ORIENTAL FIRE & GENERAL INSURANCE CO.LTD
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 44 of the Income Tax Act, 1961, concerning deductions for 'reserve for bad and doubtful debts' and 'provision for taxation'. The Court upheld the High Court's decision that the Tribunal correctly confirmed the addition of certain amounts to the balance of profits disclosed by the annual accounts of the insurance company, thereby affirming the entitlement to deductions under the specified heads. The judgment clarified the distinction between 'provision' and 'reserve', ultimately ruling in favor of the respondent, the insurance company.

C0MMNR. OF INCOME TAX, NEW DELHI vs ORIENTAL FIRE & GENERAL INSURANCE CO.LTD · Niyam