| COURT: | Delhi High Court |
| CORAM: | Pratibha M. Singh J, S. Muralidhar J |
| SECTION(S): | 115JA, 115JB, 44D |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Book Profits, capital gains, insurance companies |
| COUNSEL: | M S Syali, Mayank Nagi |
| DATE: | August 30, 2017 (Date of pronouncement) |
| DATE: | September 2, 2017 (Date of publication) |
| AY: | 2005-06 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 115JB: As Insurance companies are required to prepare accounts as per the Insurance Act and not as per Schedule VI to the Companies Act, s. 115JB does not apply. Insurance companies are not taxed on commercial profits but on profits as computed under the Insurance Act. Accordingly, income earned on sale/redemption of investments is not chargeable to tax | |
The different benches of the ITAT have, in other cases, consistently held that during the period when Rule 5(b) was not operational the profit on sale of investments made by general insurance companies cannot be brought to tax. In Bajaj Allianz General Insurance Co. Ltd. v. Additional Commissioner of Income Tax (2010) 130 TTJ (Pune) 398, the ITAT addressed the specific question of whether a logical conclusion could be drawn that an income that is not taxed in terms of Rule 5(b) could, even after such amendment was deleted, be taxed in the hands of the insurance company. It was held that income which was earlier taxable under one specific clause could not be brought to tax after the deletion of such clause
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