1955 (9) TMI 83 - HC - Income Tax

Insurance company's securities income not taxable under Income-tax Act. Court clarifies rules on actuarial valuation and surplus/deficit computations.

COMMISSIONER OF INCOME-TAX, BOMBAY CITY II Versus CROWN LIFE INSURANCE CO.

COMMISSIONER OF INCOME-TAX, BOMBAY CITY II Versus CROWN LIFE INSURANCE CO. - [1956] 30 ITR 365 (Bom) Issues:1. Taxability of income from securities under section 12 of the Income-tax Act for an insurance company.2. Treatment of interest accrued before 1st January, 1944, in the actuarial valuation.3. Interpretation of rule 3(a) in the Schedule for computing surplus or deficit for insurance companies.Analysis:1. The first issue pertains to the taxability of income from securities under section 12 of the Income-tax Act for an insurance company. The court held that an insurance company's profits and gains are to be computed according to the rules in the Schedule to the Act, as per section 10(7). As the income in question arose from the business of insurance, it could not be taxed under section 12. The department's attempt to tax this income as income from other sources under section 12 was deemed inapplicable, as section 12 does not apply to insurance companies assessed on their insurance business.2. The second issue involves the treatment of interest accrued before 1st January, 1944, in the actuarial valuation. The court noted that a sudden change in the accounting method by the assessee resulted in the omission of a sum from the actuarial valuation. The department sought to correct this by adding the omitted sum to the valuation. However, the court held that such correction was not permissible under the rules in the Schedule, specifically rule 2(b. The valuation was initially correct based on a receipt basis, and the subsequent change did not fall under rule 2(b for corrections.3. The third issue concerns the interpretation of rule 3(a) in the Schedule for computing surplus or deficit for insurance companies. The rule allows deductions for amounts paid to or reserved for policyholders. The department argued that this deduction is only applicable when the valuation shows a surplus, not a deficit. The court disagreed, stating that rule 3(a) applies regardless of whether the valuation shows a surplus or deficit. If the deduction falls under rule 3(a), it must be allowed in computing the surplus or deficit as per rule 2(b.In conclusion, the court answered the questions as follows: (1) in the negative, (2) does not arise, and (3) in the negative. The Commissioner was directed to pay the costs, and the reference was answered accordingly.