Articled Assistant
33 Points
Posted on 07 April 2010
Hi Abhishek,
Computation of Capital Gain U/S 45 (1A)
In Vania Silk Mills (P) Ltd. v CIT ( 1991 ) 59 Taxmann , the Supreme Court held that insurance claim received on account of destruction of asset is not chargeable to tax as "destruction " does not amount to transfer .The effect of the judgement has been nillified to some extent by inserting sub - section (1A) in section 45 with effect from the A.Y.200-01.
if the following two conditions are satisfied , then sec 45 (1A) is attracted.
Con - 1 - the compensation is received because of 'damage to ' or ' destruction of' any capital assets.
Con - 2 - the damage or destruction is a result of four categories of circumstances,viz. i)flood ,typhoon,hurricane,cyclone,earthquake or other convulsion of nature ; or ii) riot or civil disturbance ; or iii)accidental fire explosion ; or iv) action by an enemy or action taken in combation an enemy .
From the above discussion it is clear that if your matter satisfied the above mention condition , then no need to consider it as CAPITAL GAIN.