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
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
Acts & Sections
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
Ordinary
Ordinary
| Date | Purpose |
|---|---|
| 01-Nov-2017 | Ordinary |
| 31-Oct-2017 | Ordinary |
Orders
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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