Motor claim insurance received


This query is : Resolved 

28 July 2012 in which section it is taxable if excess wdv?

28 July 2012 It can be treated Income other sources

28 July 2012 It will be incorrect to state this gain as income from other source.

this gain will be treated as capital gain.
this gain will be short term capital gain u/s 45(1A) read with section 50.

28 July 2012 Motor car is an asset of Personal Effect (If not use in Business & Proff). Hence any insurance claim recv agt damage, destruction of such property is not taxable under any head of Income.

In case of any other assets Sec 45(1A) is applicable if the following condition are satisfied :
1. Compensation recv due to damage and destruction of an assets

2. Damage or destruction is due to (i) Nature, (ii) Riot etc (iii) Enemy Action and (iv) accidental fire explosion.

28 July 2012 If motor car is a business asset ( depreciable asset )then excess claim received shall be "Short term capital gain".


Kind regards,
Neha D.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
14 August 2026
Semi Qualified

Goyanka & Associates

New Delhi

CA Inter

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 14 August 2026
Article Assistant

N J Suresh & Associates

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details