1984 (8) TMI 58

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..... ence, the question referred is, whether, on the facts and in the circumstances of the case, the loan of Rs. 19,486 taken from the Life Insurance Corporation against the security of the life insurance policies of the assessee was deductible in computing the net wealth of the assessee. The question was referred under the W.T. Act, 1957 (Act No. XXVI of 1957). The facts disclose that the assessee ob .....

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..... ed in the net wealth " is exempted under sub-cl. (ii) of s. 2(m). Section 5(1)(vi) of the Act reads as follows: " The right or interest of the assessee in any policy of insurance before the moneys covered by the policies become due and payable to the assessee. Provided that ........ On a reading of cl. (vi) of s. 5(1) read with s. 2(m)(ii), it is obvious that a life insurance policy is not to b .....

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..... ith the reasoning and conclusion reached therein that in the scheme of the Act, there is no significant difference between the words et chargeable " and " payable ". We adopt the reasoning and reject the contention raised in this case. We answer the question in the negative, against the assessee and in favour of the Revenue to hold that the amount of Rs. 19,486 cannot be deducted. No costs.
Ca .....

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