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The main question before the Court was whether this scheme would have overriding effect over the provisions of s. 43B of the IT Act which recognizes certain deductions only upon actual payment.

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Section 72 & 72A of the Income Tax Act, 1961 – Loss – Carry forward and set off of loss – The crux of section 19 of Sick Industrial Companies Provisions Act,1985 is that where any waiver or concession is to be granted by the Central Government, State Government or the like under the Scheme,the Scheme would be circulated to such authority for its consent and only upon such consent being given, that such term in the scheme would be binding to such Government or authority – Olympia Industries Ltd. vs. Union of India & Ors. [2020] 312 CTR (Bombay) 248

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