78. TS-1658-ITAT-2025 (Delhi)
Bharatiya Samruddhi Finance Ltd. vs. DCIT
A.Y.: 2017-18 Date of Order : 10.12.2025
Section: 43B
Interest component of payment made under One Time Settlement Scheme with a bank is allowable under section 43B.
FACTS
The assessee, a non-banking financial Company duly registered with the RBI, and categorized as a micro finance institution, was engaged in the business of borrowing loans from banks and financial institutions and advancing the same to microfinance customers. The assessee had availed term loans from banks, and interest on such term loans, which was not paid actually by the assessee, was voluntarily disallowed by the assesseein the return of income in earlier years. The amount of disallowances made in earlier years was ₹25,49,22,936/-.
During the year under consideration, the assessee entered into One Time Settlement (OTS) with banks and financial institutions and obtained a waiver of substantial sums.. The assessee had 17 lenders consisting of one financial institution (SIDBI) and 16 banks. Since, the assessee company became a sick company and its n