Judgment

RAMASWAMI, J. : This appeal is brought, by certificate, from the judgment of the High Court of Gujarat dated September 9, 1963 in Income-tax Reference No. 20 of 1962.

2. On June 23, 1959, a policy called Children s Deferred Endowment Assurance" for a sum of Rs. 50,000 was issued by the Life Insurance Corporation of India. The proposer was Harjiwandas Kotecha, the father of the appellant (hereinafter called the assessee ) and the Life assured was that of the assessee. The premium payable in respect of the policy was Rs. 1,925/- per annum. That amount was paid as premium out of the taxable income of the assessee. In the course of the assessment for the assessment year 1960-61, the assessee claimed rebate on the insurance premium of Rs. 1,925/- under the provisions of S. 15 (1) of the Income-tax Act, 1922 (hereinafter called the Act). The Income-tax Officer rejected the claim on the ground that under the said policy the life of the minor assessee had not been assured. The appellate Assistant Commissioner agreed with the Income-tax Officer and held that the claim of the assessee was rightly rejected. The assessee took the matter in further appeal before the appellate Tribuna