Assessee issued foreign currency bonds in year 1996-97.  On account of attack on World Trade Centre on 11-9-2001, financial market collapsed and market price of bonds and debenture was brought down at value less than its face value. Assessee purchased bonds from market and extinguished them.  In this process of buyback, it gained Rs. 38.80 crores. AO treated such amount as assessable to tax under S.41(1). Tribunal held that since assessee had not claimed any deduction of any trading liability in any earlier year, section 41(1) would not be applicable and no addition could be made on extinguishment of bond. High Court affirmed the order of the Tribunal. (AY. 2002-03) ( ITA No 5769 /M/2013 dt 16-09 2015)