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Issues Involved:
Interpretation of section 17(2) of the Income-tax Act, 1961 regarding perquisite inclusion in salary income. Comprehensive Analysis: The High Court of BOMBAY was presented with a reference under section 256(1) of the Income-tax Act, 1961, by the Income-tax Appellate Tribunal. The question raised was whether the amount paid for a single premium annuity policy by the employer of the assessee should be considered a perquisite under section 17(2) of the Income-tax Act, 1961, and included in the assessee's income under the head 'Salaries'. The relevant facts indicated that the assessee was appointed as a technical consultant by the employer, with an annuity agreement and a monthly consultation fee. The employer purchased single premium annuity policies for the assessee in 1977 and 1979, with the annuities vesting in the assessee in subsequent years. The Income-tax Officer included the premium amount in the assessee's salary income for the respective assessment years. Appeals to the Commissioner of Income-tax (Appeals) upheld the inclusion of the premium amount in the salary income. However, the Income-tax Appellate Tribunal concluded that the premium amount was not a part of the salary due to the assessee and therefore could not be taxed under section 15 of the Income-tax Act. The Tribunal's decision led to the reference to the High Court for opinion. In analyzing the case, the High Court referred to a previous case involving a similar issue and a Supreme Court judgment regarding deferred annuity benefits. The Court noted that the annuities in question did not vest in the assessee during the relevant previous years, and he only had a contingent right to them. Citing the previous judgments, the Court held that the premium amounts for the annuity policies could not be included in the salary income of the assessee for the assessment years in question. Conclusively, the High Court answered the question in favor of the assessee, ruling that the premium amounts for the annuity policies were not to be included in the salary income. The reference was disposed of accordingly.
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