Tax on interest from compensation of mact case

This query is : Resolved 

11 August 2011 What is the best way to calculate tax on interest of Rs. 30 lacs from Compensation amount of MACT case. The period is from 1997 to 2008. The person is 80% disabled now, and unable to earn any income. Also note the compensation as well as interest is lying as FD in bank and the person is just getting the interest of 4.5 lacs per year.

22 August 2011 IN MY VIEW INTEREST AMOUNT WHICH HE IS GETTING AS RS 4.5 LACS IS TAXABLE.

HE CAN CLAIM DEDUCTION U/S 80U UP TO RS. 75000/-

1.60+.75=2.35 LACS

TAX CAN BE SAVED BY INVESTING THE AMOUNT U/ S 80C also.




23 August 2011 Thanks a lot for the response. My query was with the interim amount of Rs. 30 lacs which is the interest gained from the compensation amount. It is understood this amount is taxable. But our point is since the case is not yet over, the opposite party has gone to the high court. This amount is kept as FD by the court. The court has allowed us to just use the interest of 4.5 lakhs, which is also taxable as you have also suggested.

23 August 2011 The Max. Deduction U/s 80U is 1.00 lac.
Please note the change.

The amount of claim Rs. 30.00 lac is a capital receipt and is not taxable in the IT ACT.

23 August 2011 The amount of Rs 4.50 lac of interest is not recoverable from the claimant in the
per view of the court decision.
.

It is revenue receipt, and as such it is taxable.

23 August 2011 I dont know i think i have confused the query.
In mact case of 1997, the district court gave its verdict and an interim compensation of 39 lacs + interest of 7.5% that is around 28 lacs was provided as interim by the court. So the court has put this amount in fixed deposits. My query is about the 28 lacs (I had written earlier 30 lacs adding some of their earnings). The case is not yet over, the opposite side (insurance company) has gone to the high court. So this FDs are kept under court's binding, we cannot do anything with this FD money. The court has only given us to enjoy the interest gained from this total FDs, that is around 4.5 lacs per year, for which we are paying tax every year.

Sorry for all the trouble!


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


CCI Pro

Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news


Answer Query



Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details