Insurance Company Negative Reserves Not Distributable Surplus & Cannot be taxed

DCIT Vs Kotak Mahindra Life Insurance Co. Ltd. (ITAT Mumbai)

The Income Tax Appellate Tribunal (ITAT) Mumbai has dismissed an appeal by the Revenue against Kotak Mahindra Life Insurance Co. Ltd. for the assessment year 2021-22. The appeal challenged the interpretation of Section 44 of the Income Tax Act, 1961, in conjunction with the Insurance Act, 1938, and IRDA regulations. The ITAT upheld the findings of the Commissioner of Income-tax (Appeals) [CIT(A)], citing earlier tribunal and Supreme Court rulings that had consistently ruled in favor of the assessee on similar matters.

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