In my considered opinion, so far as the instant dispute is concerned, the legal position prevailing prior to SARFAESI Act is also germane even after the enactment of SARFAESI Act. The law laid down by the Hon'ble Courts with respect to‘diversion of income by overriding title’ and deduction to be claimed under Section 48 of the Act while computing the income from Capital Gains, which are discussed by the ld. Judicial Member and also relied upon by the ld. DR, are still good law, and is fully applicable in the instant case. the consideration from sale of property to the extent of principal component of loan adjusted by the bank cannot be treated as‘diversion of income by overriding title’ and was thus not deductible from the total consideration accrued to the assessee from sale of property.