2010 (5) TMI 881 - AT - Income Tax

Tax Appeal: Exgratia Insurance Claim Deletion Upheld as Non-Taxable Income

The Revenue appealed against the deletion of an insurance claim received by the assessee, which was initially rejected but later approved as exgratia. The ... - Issues involved: Appeal against deletion of insurance claim received.Summary:The appeal was filed by the Revenue against the deletion of an insurance claim received by the assessee. The case involved the assessment of a trading company that suffered a loss due to the burning of cars during riots. The insurance claim of Rs. 66,35,770 was initially rejected but later approved as exgratia. The Assessing Officer added this amount as income earned by the company for the relevant year. The assessee argued that the insurance claim was compensatory in nature and should not be treated as income. The CIT(A) agreed with the assessee's contention and deleted the addition. The Tribunal upheld the CIT(A)'s decision, stating that the claim was settled in a subsequent financial year and no adjustment was required for the year under consideration.The Tribunal found that the assessee did not claim any trading loss in the year of the incident and the insurance claim was approved as exgratia in a later year. The entire cost of the damaged cars was adjusted against the exgratia and waiver granted by the financiers. The Tribunal noted that no claim for damage was debited to the profit and loss account for the relevant year, as the claim was settled in a subsequent financial year. The Tribunal dismissed the appeal, as there was no material to support a different view on the matter. Grounds 2 and 3 of the appeal were also dismissed as they were of a general nature.