SABYASACHI MUKHARJEE, SUDHINDRA MOHAN GUHA
COMMISSIONER OF INCOME-TAX – Appellant
Versus
DUNCAN BROS. AND CO. LTD – Respondent
( 1 ) IN this reference under Section 256 (1) of the I. T. Act, 1961, the following two questions have been referred to this court :" 1. Whether, on the facts and in the circumstances of the case, the premium paid by the assessee to Nursing Home Benefit Association in respect of the medical insurance policy taken on the individual life of each employee resulted directly or indirectly in the provision of any benefit or amenity or perquisite within the meaning of Section 40 (c) (iii) of the Income-tax Act, 1961, and should be taken into account in computing the amount disallowable under the said section ?
( 2 ) "whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that for the purpose of computing the amounts disallowable under Section 40 (c) (iii) of the Income-tax Act, 1961, the amount of salary payable to the employees should be reduced by the recoveries made from the managed companies on account of the services rendered to such companies by the said employees ? "2. This reference arises out of the assessments for the assessment years 1966-67 and 1967-68, for which the relevant previous years were calendar years 196
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