Is car theft claim settlement taxable?
Atush Jain (Asst. Professor) (162 Points)
29 August 2016Atush Jain (Asst. Professor) (162 Points)
29 August 2016
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(178238 Points)
Replied 30 August 2016
In one of the decisions, the Supreme Court had held that insurance claim received on account of destruction of a shed is not chargeable to tax as the destruction does not amount to a transfer of an asset. Thereafter Section 45(1A) of the Income Tax Act 1961 (the Act) has been inserted in the Act and in case the following two conditions are satisfied, any profit or gain arising from the receipt of such insurance amount shall be chargeable to income tax under the head 'capital gain'. The conditions required to be satisfied are:
If the aforesaid two conditions are satisfied, then Section 45(1A) of the Act would be attracted and such insurance amount would be treated as full value of consideration received or accruing as a result of transfer of the capital asset for the purpose of computing capital gain under Section 48 of the Act. Therefore, in case the depreciated value of Car as on the date of theft was A and insurance amount received was A+B, then excess amount B would be chargeable to tax under head capital gain.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(178238 Points)
Replied 17 May 2018
As such it would be non taxable capital receipt......
Refer: https://www.caclubindia.com/forum/loss-of-fixed-assets-by-theft--47404.asp