Case Analysis: Oriental Fire & General Insurance vs. Commissioner of Income Tax

Last updated: 11 May 2022

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This case concerns Oriental Fire & General Insurance Co. Ltd. and whether an appreciation in the value of its foreign assets, amounting to Rs. 21,26,932 due to currency devaluation, was taxable income. The company argued it was not income as no funds were physically transferred. Initially, the Appellate Assistant Commissioner agreed, excluding amounts related to assets in Burma, Ceylon, and Pakistan. However, the Income Tax Tribunal overturned this, stating that the tax officer must rely on the balance of profits disclosed in the annual accounts submitted under the Insurance Act, with limited adjustments allowed.

Court :
Mumbai High Court

Brief :
In this reference at the instance of the assessee, the following two questions have been referred to this court under s. 256(1) of the I.T Act, 1961.

Citation :
Income-tax Reference No. 164 of 1973

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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