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2011 Supreme(Del) 185

A.K.SIKRI, M.L.MEHTA
LOGITRONICS PVT. LTD. – Appellant
Versus
COMMISSIONER OF INCOME TAX – Respondent


Advocates Appeared:
Mr. Satyen Sethi with Mr. Arta Trana Panda, Advocates.
Mr. Kamal Sawhney, Sr. Standing Counsel.
Mr. Sanjeev Sabharwal, Sr. Standing Counsel.
Mr. Ajay Vohra with Ms. Kavita Jha and Mr. Somnath Shukla, Advocates.

A.K. SIKRI, J.

1. Having regard to the commonality in the legal question which arises for consideration in these two appeals, they were heard on the same, one after the other. At the same time, after stating the legal principle which is involved, we will take up the appeals separately applying principles to the situation appearing in each of the case.

2. The issue in this case relates to the treatment which is to be given to the extent of amount of loan and interest waived by the financing institutions from where the loan was taken. The appellant is the assessee company, which is engaged in the business of manufacturing of electronic products. It was enjoying loan facility from State Bank of India (SBI). As the appellant could not discharge its liability for specific time, keeping in view the guidelines/directions of the SBI, the SBI categorized this loan as Non-Performing Asset (NPA). As on 31.03.1998, principal amount of loan due to the bank was `4,76,92,213 and outstanding interest was `1,90,42,295. Issue of recovery of loan was referred to Debt Recovery Tribunal in the year 2000. During the pendency of these proceedings, the assessee had settled the matter with the SBI. Pursuan


















































































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