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    <title>2006 (2) TMI 205 - ITAT CALCUTTA-C</title>
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    <description>The Tribunal held that the principal loan amount could not be taxed under Section 41(1) as it was a capital receipt. The settlement agreement between the assessee and NGL was found to be genuine, with the payment explicitly allocated towards outstanding interest. The Tribunal disagreed with the apportionment of the payment towards the principal amount first and rejected the argument that the waiver of the principal loan amount constituted a trading receipt. As a result, the addition of Rs. 5.20 crores as deemed profit under Section 41(1) was deemed unjustified, and the appeal filed by the assessee was allowed.</description>
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    <pubDate>Fri, 10 Feb 2006 00:00:00 +0530</pubDate>
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      <title>2006 (2) TMI 205 - ITAT CALCUTTA-C</title>
      <link>https://www.taxtmi.com/caselaws?id=60447</link>
      <description>The Tribunal held that the principal loan amount could not be taxed under Section 41(1) as it was a capital receipt. The settlement agreement between the assessee and NGL was found to be genuine, with the payment explicitly allocated towards outstanding interest. The Tribunal disagreed with the apportionment of the payment towards the principal amount first and rejected the argument that the waiver of the principal loan amount constituted a trading receipt. As a result, the addition of Rs. 5.20 crores as deemed profit under Section 41(1) was deemed unjustified, and the appeal filed by the assessee was allowed.</description>
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      <pubDate>Fri, 10 Feb 2006 00:00:00 +0530</pubDate>
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