2021 (2) TMI 272

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....led by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-5, New Delhi, dated 24.10.2016 for Assessment Year 2012-13. 2. The assessee has only one substantive ground of appeal where the disallowance of Rs. 12,44,970/- made by the Assessing Officer in relation to medical insurance premium paid for the family members of the employees of the company on the ground that suc....

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....ssessee. 4. The ld. SR DR sought an adjournment. In view of the above facts that the above issue is squarely covered in favour of the assessee, the ld. [CIT] - DR submitted that issue may be taken up for hearing. She relied on the order of the ld. Assessing Officer. 5. We have carefully considered the rival contentions and perused the orders of the lower authorities. The assessee is a company en....

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....e disallowance was deleted as para No. 6 of the order as under:- "6. After hearing, the submissions of both the parties and going through the material available on record, we find considerable substance in the contention of the assessee. The record reveals that the assessee had paid the insurance premiums of the employees' family members in terms of employment Rules framed by the assessee-co....

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....essee have already been offered by the assessee to tax before the ld. CIT(A), as also noted in the written submissions above. The ld. Authorities below appear to have rejected the claim of the assessee that these payments were in the nature of perquisites to the employees as contemplated under sub-clause (iv) of section 17(2) of the IT Act, according to which any sum paid by the employer in respec....