banner_ad

Compensation from non employer

Tax queries 257 views 2 replies

Hello, so my query is related to Compensation received by a person from non- employer.

Facts -

Mr X was ill and he took a pill(medicine)

Few days later he died and death was diagnosed as death due to that medicine.

Now the pharma company is willing to help and pay a sum of 25 lakhs to the family members of deceased Mr X.

Is this ammount Taxable?

Yes/no -Which section?

Also what would be the taxability in hands of pharma company? Do they need to deduct TDS? If yes, which section?

 

Things to note-

Mr X was not employee of pharma company.

Pharma company was a non govt entity.

Thanks in advance.

 

Replies (2)

Section 10 (10BC ) of the IT Act 1962 which provides that any compensation received or receivable from the Central Government or a State Government or a local authority by an individual or his legal heir by way of compensation on account of any disaster, except the amount received or receivable to the extent such individual or his legal heir has been allowed a deduction under this Act on account of any loss or damage caused by such disaster.

Explanation.--For the purposes of this clause, the expression "disaster" shall have the meaning assigned to it under clause (d) of section 2 of the Disaster Management Act, 2005(53 of 2005);] 

The disaster management Act defines a disaster as– “catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes or by accident or negligence which results in substantial loss of life of human sufferings or damage to , and destruction of property, or degradation of, environment and is of such nature or magnitude as to beyond the coping capacity of the community of the affected area”. 

Many High Courts have held that the compensation awarded by the Motor Accident Claims Tribunal (MACT) to accident victims cannot be subjected Income Tax since the compensation and the interest awarded therein does not fall under the term ‘income’...

Even though section 10 (10BC) not applicable in this particular case, but the explaination to it and the cases related to compensations awarded to MACT accidents imply that the loss to such victim is not taxable , as the receipt is of capital nature and not income.


 

Thanks for the reply.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details