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The COMMISSIONER INLAND REVENUE vs HABIB INSURANCE COMPANY LTD — 2023 SCMR 387 SUPREME-COURT

Case information

Citation
2023 SCMR 387 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
The COMMISSIONER INLAND REVENUE vs HABIB INSURANCE COMPANY LTD
Provisions referred to
S. 26; S. 40-C---I; Insurance Act (IV of 1938); Insurance Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

The COMMISSIONER INLAND REVENUE VS HABIB INSURANCE COMPANY LTD. S. 26(a) & Fourth Sched., R. 5---Insurance Act (IV of 1938), S. 40-C---Insurance company---Deduction of expenses spent on the management---Limit---Whether the Controller of Insurance had pursuant to the proviso to section 40-C(1) of the Insurance Act, 1938 condoned the excess amount said to have been spent on the expenses of management by the respondent (insurance company) in the present case---Held, that once the respondent had admitted that the prescribed maximum limit of expenses had been exceeded it was incumbent upon it to show that the excess in the expenses of management had been condoned by the Controller of Insurance, and to what extent---However, documents in this regard which the respondent should have possessed were not produced, despite the noting of the stated discrepancy by the Tribunal---If, for whatever reason, the requisite documents were not produced before the Tribunal the same should have been produced before the High Court, but this too was also not done, nor were the same produced before the Supreme Court---Burden to establish that the Controller of Insurance had condoned the excess management expenses lay upon the respondent but the respondent had failed to produce any document to establish this fact---Appeals were allowed, impugned order of the High Court was set-aside and the orders of the Tribunal were restored.

Other judgments reported in 2023 SCMR

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