Writ of mandamus
T.N.REDDY
(Querist) 07 November 2024
This query is : Resolved
Dear Sir, in general, Writ of Mandamus can be prayed for under what circumstances in the taxation matters
T. Kalaiselvan, Advocate
(Expert) 07 November 2024
A writ of mandamus can be used in a taxation matter to force a public authority to perform a legal duty, such as refunding illegally collected taxes
A writ of mandamus can be used to force the state to refund taxes collected illegally.
If an Income Tax Tribunal passes an order and the Income Tax Officer refuses to carry out the instructions, a writ of mandamus can be used.
P. Venu
(Expert) 07 November 2024
What are the facts? What is the context?
Any how, it well settled that a Writ Petition is not maintainable if equally efficacious remedies are available and also when the issue involves complex questions of fact.
Dr. J C Vashista
(Expert) 09 November 2024
The literal meaning of the word mandamus is command. This prerogative remedy of mandamus is used for enforcing the performance of public duties by public authorities of all kinds.
A writ of mandamus can be issued against the State to refund the tax it collected illegally.
It is a subjective topic for debate, where facts are missing from this post.
Isaac Gabriel
(Expert) 09 November 2024
It is always better to invoke writ remedy after exhausting the Appel provisions.
T. Kalaiselvan, Advocate
(Expert) 10 November 2024
As rightly observed by experts above, the remedy through Writ of mandamus shall be applicable after other remedies are exhausted
Sudhir Kumar, Advocate
(Expert) 13 November 2024
writ mandamus is a command of the court to public servant to do his duty. In case you are able to establish that the respondent is public servant and that the respondent sis bound to take an action (not Discretion) and is not taking action. They you can pray for this writ in Hugh court of Supreme Court.
