2010 (1) TMI 1236 - AT - Income Tax

Summary

Issues involved: Challenge to legality and validity of order regarding disallowance of keyman insurance premium by revenue, and appeal by assessee against disallowance of interest.

Challenge by Revenue:
The revenue contested the deletion of keyman insurance premium disallowance, arguing that the director did not have specialized skills linked to company profitability, thus not qualifying as a key business person. The AO disallowed the premium as the director's role was deemed insignificant to business profitability. However, CIT(A) overturned this decision, citing Section 10(10D) exemption for life insurance policies and clarifications by the CBDT on keyman insurance policies. The CIT(A) emphasized the director's crucial role in business success, justifying the premium deduction. The Tribunal upheld CIT(A)'s decision, noting the director's significant impact on company profits and the acceptance of similar premium as business expenses in a previous assessment u/s 143(3) for another year.

Assessee's Appeal:
The assessee's appeal pertained to the disallowance of interest by the DCIT, which was not addressed by the CIT(A) and was not pressed during the hearing. Consequently, the appeal was dismissed.

In conclusion, the Tribunal upheld the CIT(A)'s decision to allow the keyman insurance premium as a business deduction, emphasizing the director's crucial role in the company's profitability. The revenue's appeal was dismissed, and the assessee's cross objection regarding interest disallowance was also dismissed due to non-pursuance.