HON’BLE SUPREME COURT · SOURCE-REVIEWED NOTE
General Family Pension Fund v. Commissioner of Income-tax, West Bengal
Civil Appeal 144 of 1953
[1955] 1 SCR 822 ·
Income-tax Act 1922, sections 10(7), 66(1), Schedule rules 2(a), 2(b), 5(ii) · Insurance Act 1938, section 2(11)
Sources & disclosures includedDownload original judgment / order
5-judge bench · Mehr Chand Mahajan C.J. · S. R. Das · Ghulam Hasan · Bhagwati · Venkatarama Ayyar
Assessment years: 1943–44 through 1946–47
01 · Facts of the case
The company granted life-dependent pensions and annuities. The officer computed actuarial surplus under rule 2(b) and adjusted that figure to estimate rule 2(a) income, rather than independently determining external incomings and expenses.
Source: Primary report: SCR 823–826
02 · Discussion by the Hon’ble Court
The two statutory computations had to be made independently and the higher adopted. The Tribunal had not found that requested records were withheld; a departmental representative’s assertion was not a Tribunal finding. Therefore the High Court could not replace the Tribunal’s factual basis in reference jurisdiction.
Source: Primary report: SCR 827–828
03 · Judicial decision
Appeal allowed; the second referred question answered negatively and the Tribunal’s further-enquiry course restored. The officer must ascertain profits under rule 2; parties bear their respective costs in both courts.
Source: Primary report: SCR 828–829
04 · Outcome / in whose favour
Assessee obtained remand.
Source: Primary report: SCR 828–829
05 · AKHB REVIEW POINT
A computation shortcut needs an established factual justification. This was a remand for proper insurance-business computation, not a determination that the taxpayer’s figures were correct.
Source: Primary report: SCR 827–829
Source & verification
Download original judgment / order · Open cited source rendition
Complete 8-page primary report, including any adjoining report boundary fragments retained in the exact source bytes.
Statutory scope
Historical predecessor legislation only; this is not a decision applying the Income-tax Act, 1961. Verify the applicable statutory text separately.
Later treatment
Source checked 2026-10-21. Subsequent treatment and current-law applicability have not been comprehensively checked.
Page references identify the supplied PDF; paragraph references identify the judgment unless stated otherwise.
AI disclosure & professional disclaimer
This AKHB research note was prepared with AI assistance from an identified primary report. Independent human review is not represented.
General legal and tax research only; not legal or tax advice. Verify the complete judgment, applicable statutory version and subsequent treatment before reliance. The AKHB REVIEW POINT is editorial analysis, not the Court’s holding. No current-law clearance is claimed.