Writ pettion
ramasamy
(Querist) 22 August 2016
This query is : Resolved
Can a company file writ petition before High court asking clarification on the pure question of law when alternative remedy of appeal also filed by the company and pending before appellate authority for long time and involving various years?
Ms.Usha Kapoor
(Expert) 23 August 2016
Yes you file a writ petition in the highcourt a writ of Mandamus to speedy disposal of your case by the trial court joining trial court as the defendant/respondent in the writ and seek directions to trial court t to speedy disposal of your case within a particular time for right to speedy trial also is a fundamental right.
Devajyoti Barman
(Expert) 23 August 2016
looks like academic query.
Give background details.
Guest
(Expert) 23 August 2016
Mr. Ramasamy,
Athough your query is purely an academic query, but I may inform you that the courts are not meant for holding tutorial classes for students and learners of law.
R.K Nanda
(Expert) 23 August 2016
Academic query.
Rajendra K Goyal
(Expert) 23 August 2016
Academic query, state material facts of the problem if any.
Kumar Doab
(Expert) 23 August 2016
Academic query.Post full facts of the matter.
ramasamy
(Querist) 24 August 2016
Thanks for your feedback member.
The fact of the case is Software expenses incurred by company during the FY 2008-09 , FY 2009-10 , FY 2010-11 was disallowed by AO while passing the Assessment order. AO is primarily relying on Jurisdictional high court ruling which was delivered some time in September 2011 and retrospective amendment carried out by Govt of India vide finance act 2012. Our primary contention is how a company can be penalized for non deduction of TDS on the payment made in the FY 2008-09, 09-10 & 10-11 based on the future ruling and amendment. Infact, there was a favourable ruling from the Jurisdictional ITAT which was relied by the company during those years.Company relied primarily the legal maxim " Lex non cogit ad impossibilia" as defense however AO not considered the same. Company has already filed appeal before CIT(A) for all those years however it is pending for long years. Can company file writ before HC in this scenario seeking clarification as company penalized by the department on impossible ground?
Guest
(Expert) 24 August 2016
You are still far away from the facts.
Question arises, the ruling delivered in September 2011 by the HC pertained to the petition of which year?
Also, you have not given any extract of that ruling to be analysed by the experts at LCI.
Still further, you have not referred to the specific amendment made retrospectively by the Government of India.
Better show your papers to some expert for proper analysis and advice, as academic type of casual queris may not fetch you a suitable solution to your problem. Rather, you can get confused by varied responses from different experts, as based on their own assumptions in the absence of the facts of the case.
Even otherwise also, your query pertains to a commercial problem for which any charitable solution cannot be justified.
ramasamy
(Querist) 25 August 2016
Thanks for your feedback Mr. P S Dhingra.
Guest
(Expert) 25 August 2016
Byt you have not replied my question.
Kumar Doab
(Expert) 25 August 2016
Author, Pls reply to the points raised by Mr.Dhingra.
