YESHODAMMA P K Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This is a reference made at the instance of the assessee under S.256(1) of the Income Tax Act, 1961.

(2.) The question of law referred is "whether on the facts and in the circumstances of the case the assessee was entitled to the rebate contemplated under S.87(1)(a) of the Income Tax Act 1961 in respect of the sum of Rs.6,000/- being the insurance premium on the policy of the life of the assessee's husband paid not by the assessee but by the assessee's husband.

(3.) The question has to be decided on the basis of S.87(1)(a) of the Income Tax Act 1961. This section has been omitted with effect from 1st April 1968 by the Finance Act (No. 2) of 1967. The section read as follows: