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


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 12 December 2025
Accountant

Ramsha Solutions India Private Limited

Ghaziabad

B.Com

View Details
Company
Featured 13 December 2025
Audit Associates

PNRAJ & ASSOCIATES LLP

Kochi

CA Final

View Details
Company
Featured 30 January 2026
Tax Assistant

Eagle Eyes & Associates

Chennai

CA Inter

View Details
Company
Featured 20 September 2025
Company Secretary

Credible Corporate Services Private Limited

Chennai

CS

View Details
Company
Featured 24 December 2025
Associate - Assurance

K N Gutgutia & Co., Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 27 September 2025
FINANCE INTERN

RATI MALU & ASSOCIATES

New Delhi

CA Inter

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 12 January 2026
Audit Assistant

N. Dhawan & Co

New Delhi

CA Inter

View Details