Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)

S. 4 : Charge of income-tax-Insurance claim-Capital or revenue-Interim order-Matter remitted back to Assessing Officer to decide a fresh. [S. 28(i)]

Assessee had made a claim with insurance company on basis of insurance cover purchased by it in respect of its corporate office where fire took place and had received interim claim of Rs. 2.75 crores and it had incurred loss.  Assessing Officer had treated payment received by assessee as insurance claim on ad hoc basis and taxed same under head business or profession. Commissioner (Appeals) held  that amount received by assessee was revenue receipt taxable under head business or profession. On appeal the Assessee contended that since assessee had ultimately incurred a loss, said receipt could not be taxed in its hand as revenue receipt. Tribunal held that   since assessee did not produce evidence regarding loss incurred by it due to accidental fire, issue was to be remitted back to Assessing Officer to decide afresh on verifying actual loss incurred by assessee.  (AY. 2005-06)

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