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COMMISSIONER OF INCOME-TAX versus HABIB INSURANCE CO LTD.


Section 3, 4 (3) (xii), 10 (7) and Schedule I, r 2 (b) of the income from the life insurance business of the insurance company are read with section 10 (7), not entitled to a waiver. Is. In connection with the income generated by the newly constructed property provided by section 4 (3) (xii), the profit and gains of the tax insurance companies will be calculated according to the default schedule in the First Schedule Insurance Company. Your return is not to be submitted under different heads but in the case of insurance companies, the income is income-based as a unit of income based on the conceptual income set in the income schedule for the insurance companies.

P L D 1975 Karachi 848

Before Dorab Patel and Jamaluddin H. Ahmad, JJ

COMMISSIONER OF INCOME‑TAX‑Appellant

versus

HABIB INSURANCE Co. LTD.‑Respondent

Income‑tax Appeal No. 2 of 1966, decided on 16th May 1975.

Income‑tax Act (XI of 1922)‑‑

Ss. 3, 4(3)(xii), 10(7) & First Sched., r. 2(b)‑Income from life insur ance business of Insurance Company computed under r. 2(b) read with S. 10(7)‑Not entitled to exemption from tax in respect of income from newly constructed property granted by S. 4(3)(xii)‑Computation of profits and gains of Insurance Companies‑To be done according to mode prescribed in First Schedule‑Insurance Company‑Has not to submit its returns under different heads but as one unit of income on basis of notional income prescribed in Schedule‑Income chargeable in case of Insurance Companies‑Notional income.

C. I. T. v. Asian Assurance Company Ltd., Bombay (1963) 46 I T R 560 ; C. I. T., Bombay v. Western India Life Insurance Co. Ltd. (1949) 17 I T R 125 ; Vanguard Fire & General Insurance Co. Ltd. v. C. 1. T., Madras (1962) 45 I T R 328 ; C. L T., Bombay v. Crown Life Insurance Co. Ltd. (1956) 30 I T R 365 1 C. 1. T. v. American Life Insurance Co. 15 Taxation 268 ; Cape Brandy Syndicate v. The Commissioner of England Revenue 12 Taxation 358‑ ; North British and Mercantile Insurance Co. (1937) 5 I T R 349 ; Phoenix Assurance Co.'s case (1957) 5 I T R 397; (1937) 5 I T R 349 and Lakhshami Insurance Co. Ltd. v. C. I. T., Punjab, Delhi & North‑West Frontier Province (1950) 18 1 T R 984 ref.

S. A. Nusrat for Appellant.

Ali Athar for Respondent.

Dates of hearing : 15th and 18th November 1974.

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