Section 4, 45 & 48 of the Income Tax Act, 1961 — Capital gains — Sale consideration of the mortgaged property was adjusted by the bank towards the principal component of the loan by invoking provisions of SARFAESI Act, 2002 after assessee committed default in repayment of loan cannot be treated as diversion of income by overriding title and consequently in part of the said amount is allowable as deduction under section 48 in the Computation of Capital gains — Perfect Thread Mills Ltd. vs. Deputy Commissioner of income tax [2019] 202 TTJ 1 (Mumbai) (TM)