PCIT v. Sahara India Life Insurance Co. Ltd. (2021) 432 ITR 84 (Delhi)(HC)

S. 44 : Insurance business-Non obstante clauses-Justified in filing revised return-Provisions override other provisions of Act-Direction given by the CIT(A) which was affirmed by the Tribunal is held to be proper.

Dismissing the appeal of the revenue the Court held that  the assessee was justified in filing the revised computation under section 44 and claiming this as an additional ground before the Commissioner (Appeals). Section 44 read with the First Schedule to the Act provides for the computation of profits and gains from life insurance business. These provisions, which begin with non obstante clauses, override other provisions of the Act. There was no option but to compute the income from insurance business in terms thereof. Accordingly the direction was given by the Commissioner (Appeals) to the Assessing Officer to compute the income under section 44. Order of Tribunal is affirmed. (AY.2004-05, 2005-06, 2008-09, 2010-11)