2013 (11) TMI 206 - AT - Income Tax

Tribunal grants deduction for insurance claim but denies compensation deduction; dismissal of admin costs addition confirmed.

M/s. Rachana Plasticizer Versus The Addl. Commissioner of Income-tax

The Tribunal partially allowed the appeal, granting deduction under section 80-IB(4) for the insurance claim related to raw material loss. However, it ... Deduction u/s 80-IB(4) on account of insurance claim received on loss of stock – Compensation received for not supplying raw material – The insurance claim of Rs.90.91 lakh accepted by the insurance company comprised of the loss of stock-in-trade to the tune of Rs.85.07 lakh and the remaining amount towards plant and machinery - Held that:- The assessee adjusted rs. 80 lakhs in the previous year – Out of Rs. 10.91 lakhs from the remaining loss a sum of Rs.5.84 lakh was towards Plant and machinery – Following M/s.J.K.Aluminium Co. v. ITO [2011 (4) TMI 90 - ITAT NEW DELHI] - Deduction u/s 80-IB(4) allowed for Rs.5.07 lakh representing insurance claim in respect of loss of raw material - Decided in favour of the assessee. Compensation received for not supplying raw material – the compensation amount of Rs.3 lakh received by it from Crescent Chemsole Pvt. Ltd - Held that:- The assessee had to purchase raw materials from the market at higher price - The assessee has to show that there is a direct nexus of such income with the industrial undertaking – Partly allowed in favour of the assessee. Issues:- Denial of deduction u/s 80-IB(4) for insurance claim of raw material loss- Denial of deduction u/s 80-IB(4) for compensation received for not supplying raw material in time- Confirmation of addition of administrative cost for earning dividend incomeAnalysis:Issue 1: Denial of deduction u/s 80-IB(4) for insurance claim of raw material lossThe appellant contested the denial of deduction under section 80-IB(4) for an insurance claim related to the loss of raw material. The appellant received an insurance claim of Rs.10,91,347 due to heavy floods damaging stock in trade. The Assessing Officer and CIT(A) rejected the claim. The Tribunal noted that the insurance claim included amounts for stock and plant/machinery. While a portion was adjusted in a previous year, the remaining Rs.10.91 lakh was to be set off against raw material cost. The Tribunal found that the portion related to plant and machinery could not be considered for deduction. However, based on precedents and case law, the Tribunal allowed deduction for the Rs.5.07 lakh pertaining to raw material loss, granting relief to the appellant.Issue 2: Denial of deduction u/s 80-IB(4) for compensation received for not supplying raw material in timeThe appellant was denied deduction under section 80-IB(4) for a compensation of Rs.3 lakh received for not supplying raw material on time. The appellant claimed that the compensation was for purchasing raw material at a higher price due to the delay. The Tribunal found insufficient evidence to support the claim of higher purchase price. It held that the compensation did not have a direct nexus with the industrial undertaking, a requirement for claiming deduction under section 80-IB(4). As a result, the Tribunal partly allowed this ground, upholding the denial of deduction for the compensation amount.Issue 3: Confirmation of addition of administrative cost for earning dividend incomeThe last ground of appeal pertained to the confirmation of an addition of Rs.1,25,000 as administrative cost for earning dividend income of Rs.17.16 lakh. The appellant did not press this ground during the hearing, leading to its dismissal by the Tribunal.In conclusion, the Tribunal partly allowed the appeal, granting deduction under section 80-IB(4) for the insurance claim related to raw material loss but upholding the denial of deduction for the compensation received for not supplying raw material on time. The dismissal of the administrative cost addition for dividend income stands as the appellant did not pursue this ground during the proceedings.