Section 45(1A) - Capital Gains on Insurance Claims For Damage or Destruction of Capital Asset

Insurance receipts for destroyed capital assets treated as sales consideration; taxable in the year of receipt.

Insurance receipts or the FMV of other assets received for damage to or destruction of a capital asset by specified events are deemed the full value of consideration for computing capital gains under Section 45(1A). Such gains are taxable in the year of receipt, with FMV on the date of receipt treated as sales consideration and indexation of cost permitted up to the year of damage or destruction. The date of transfer is the date of destruction; no claim results in a dead capital loss. The section excludes stock-in-trade and losses from non-specified causes.