2013 (4) TMI 120 - HC - Income Tax

Deleting the addition of insurance claim - Fire had taken place in the business place of the assessee - Huge number of cars were damaged - The Insurance Company, as a special gesture granted ex gratia - Held that - We agree with the authorities that the ex gratia claim being accepted only on November 19, 2003 and the amount of Rs. 60,00,000/- having been debited by the Insurance Company directly to the finance company, the entire original cost of Rs. 1,24,88,980/- was reflected as closing stock as on March 31, 2003 and on receipt of ex gratia by the financiers, balance loss of Rs. 58,53,130/- was adjusted by the assessee against the waiver granted by the financier - we are of the opinion that the Tribunal rightly approved the deletion of addition by the Assessing Officer. There was neither any insurance claim received nor was any claim for damage debited to the profit and loss account and the claim having been settled in the subsequent financial year, no adjustment on this count was called for in the present assessment year. - Decided against the revenue.

Summary

Issues:
1. Dispute over deletion of insurance claim addition in the assessment year 2003-04.

Analysis:
The High Court judgment pertains to an appeal by the Revenue against the Income Tax Appellate Tribunal's order dismissing the appeal regarding the deletion of an insurance claim addition. The primary issue raised was whether the Tribunal was justified in deleting the addition of Rs. 66,35,770/-, which was an insurance claim received by the assessee during the relevant period. The background of the case involved a fire incident during the riots of February 2002 in Ahmedabad, resulting in damage to a significant number of cars owned by the assessee. The damaged cars' value was reflected at cost price in the financial statements without debiting any amount to the profit and loss account for the fire damage.

The Insurance Company initially rejected the claim, but later granted an ex gratia payment of Rs. 66,35,770/- as a special gesture, leading to a loss of Rs. 58,53,130/-. This settlement occurred in the Financial Year 2003-04, and the balance loss was adjusted against a credit waiver from financiers in the subsequent Assessment Year 2004-05. The Commissioner of Income Tax [Appeals] opined that since no claim was debited in the accounts and the treatment in the books suggested the fire accident never occurred, the situation was revenue neutral, and no adjustment was necessary for the assessment year in question.

The Revenue, dissatisfied with the CIT [Appeals] decision, appealed to the Tribunal, which upheld the deletion of the addition. The High Court, after considering the arguments presented by the Revenue's counsel and reviewing the case details, agreed with the lower authorities that the ex gratia claim was accepted in November 2003, and the subsequent adjustments made by the assessee against the financier's waiver were appropriate. Consequently, the Court affirmed the Tribunal's decision to approve the deletion of the addition by the Assessing Officer.

In conclusion, the High Court found no substantial question of law warranting admission of the appeal, as the facts and circumstances of the case did not raise any significant legal issues. Therefore, the Court dismissed the appeal accordingly, upholding the Tribunal's decision regarding the deletion of the insurance claim addition for the assessment year 2003-04.