Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2017

Supreme Court of India · 2017-11-01

M/S K LAKSHMANYA AND COMPANY vs COMMISSIONER OF INCOME TAX

Citation / case number
SC 2010/8241
Court
Supreme Court of India
Petitioner
M/S K LAKSHMANYA AND COMPANY
Respondent
COMMISSIONER OF INCOME TAX
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court ruled that the High Court of Karnataka erred in denying the assessee interest under Section 244(A) of the Income-Tax Act, 1961, following a partial waiver of interest by the Settlement Commission. The Court established that the provisions of Section 244(A) apply to refunds arising from waivers of interest, and the discretion exercised by the Settlement Commission does not negate the right to claim such interest. Consequently, the Supreme Court set aside the High Court's judgment and restored the orders of the C.I.T. (Appeals) and the ITAT, allowing the assessee's claim for interest on the refund.

M/S K LAKSHMANYA AND COMPANY vs COMMISSIONER OF INCOME TAX · Niyam