waiver of term loan from Bank under OTS scheme

This query is : Resolved 

08 October 2010 our client availed a loan for apriod of 6 years for business purpose. After two, years, The term loan became default and under 0TS Scheme of the bank original Term Loan of Rs.3.00 Cr settled for 2.15 Cr. Whether surplus amount of 85.oo lakhs is capital reciept or revenue reciept under income tax?

10 October 2010 Surplus amount is a capital receipt.



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