VidhiSangh

Supreme Court of India · 01/11/2017

M/S. K. LAKSHMANYA AND COMPANY versus COMMISSIONER OF INCOME TAX & ANR.

[2017] 12 S.C.R. 644 · 2017 INSC 1071

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Summary

A partnership sought statutory interest on a refund arising when the Settlement Commission partially waived interest levied for assessment years1993–94 and1994–95. The Court held that the discretionary character of the waiver did not defeat the resulting right to refund and interest, and reversed the High Court.

Issues

  1. Whether Section244A covered a refund arising from discretionary waiver of interest by the Settlement Commission.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and the view of CIT(Appeals) and the Tribunal allowing statutory interest on the refund upheld.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 644.