Supreme Court · 1999 INSC 433 · Decided 21 September 1999

General Insurance Corporation of India v. Commissioner of Income Tax Bombay

Court
Supreme Court of India
Citation
1999 INSC 433 · [1999] SUPP. 2 S.C.R. 742
Case number
CIVIL APPEAL No. 3283/1998
Decided
21 September 1999
Bench
S. RAJENDRA BABU, R.C. LAHOTI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 30to43A, 44

Headnote

Income Tax Act, 1961-Ss. 30 to 43A, 44 read with Rule 5(a) of the First Schedule-Insurance Company-Amount set apart for redemption of preference shares-Debited to profit and loss account-Whether amounts to C expenditure-Held, No-General Insurance Business (Nationalisation) Rules, 1973-Rule 2(2) Construction-Two provisions contained in two D enactments having different purposes to achieve-Held, rule of harmonious construction would not sustain any view creating conflict between the two provisions. Non-obstente clause in S.44-Held, not only overrides the provisions E of the Act but also

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