✦ Punjab & Haryana High Court · 16 Jan 2007

Smt.Gulshan Khanna v. The Commissioner of Income-tax, Amritsar

M M KUMAR

Case at a glance

Decided
16 Jan 2007
Bench
M M KUMAR

Provisions considered

Judgment

Smt. Gulshan Khanna ...Petitioner Versus The Commissioner of Income-tax, Amritsar ...Respondent CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE RAJESH BINDAL Present: None for the petitioner. Mr.Sanjiv Bansal, Advocate for the revenue. **** RAJESH BINDAL,J. Following questions of law have been referred for opinion of this Court by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar arising out of its order dated 15.3.1982 passed in I.T.A.No.242(ASR)/1981, in respect of the assessment year 1977-78.

1.

Whether the words 'profits and gains' from Life Insurance Business in section115-B of the Income-Tax Act, 1961, include the income of an assessee from the agency commission business i.e. insurance agent's commission from Life Insurance?

2.

Whether on the facts and circumstances of the case, the assessee as an agent was not carrying on the Life Insurance business so as to derive the benefit of section 115B of the Income-tax Act? I.T.R. N o.175 of 1989 -2- *** When the case was called out for hearing, none appeared for the assessee. In the absence of any representation on behalf of the assessee, we do not consider it appropriate to go into the merits of questions of law referred. The reference is thus returned unanswered. (Rajesh Bindal) Judge January 16 ,2007 Pka (M.M.Kumar) Judge

Questions this judgment answers

Which statutory provisions did this judgment involve?

Income Tax Act, 1961 — s. 115B.

Which court decided this case, and when?

Punjab & Haryana High Court, on 16 Jan 2007. The bench was M M KUMAR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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