M/S K LAKSHMANYA AND COMPANY PARTNER vs THE STATE OF KARNATAKA COMMISSIONER OF INCOME TAX — C.A. No. 4335/2012

Case under Section XII-B. Status: DISPOSED.

CNR: SCIN010082412010

DISPOSED

Filing Date

15-Mar-2010

Registration No

C.A. No. 4335/2012

Diary Number

8241/2010

Order Date

01-Nov-2017

Document Type

Judgement - of Main Case

Neutral Citation

2017 INSC 1071

Disposal Type

Allowed

Data as of 03-Jul-2026

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Acts & Sections

Section XII-B

Petitioner(s)

M/S K LAKSHMANYA AND COMPANY PARTNER

Adv. BINA GUPTA

Respondent(s)

THE STATE OF KARNATAKA COMMISSIONER OF INCOME TAX

Adv. ANIL KATIYAR B. V. BALARAM DAS (Dead / Retired / Elevated)

Hearing History

Judge: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN and HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

01-Nov-2017

Ordinary

31-Oct-2017

Ordinary

Orders

12-Jul-2013 ROP
20-Jul-2012 ROP
25-Aug-2010 ROP
30-Jul-2010 ROP
05-Jul-2010 ROP
View Full Judgment
casestatus.in Summary

Case Summary The Supreme Court allowed the appeals of K Lakshmanya and Company, holding that the assessee is entitled to interest under Section 244(A) of the Income Tax Act when a refund arises due to the Settlement Commission's partial waiver of interest. The Court ruled that once the Commission exercises its discretionary power to waive interest (pursuant to CBDT circulars under Section 119), a concomitant right automatically springs into being for the assessee to claim refund interest, making the interest refund a statutory obligation rather than discretionary. This case analysis is maintained by casestatus.in based on publicly available court records.

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