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TMI Blog2016 (2) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... ash Kumar, Advocate, Mr. Ashim Aggarwal, Advocate and Mr. Pawan Kumar, Advocate Ajay Kumar Mittal,J. 1. The petitioner prays for quashing the impugned orders dated 30.11.2015 and 20.2.2015, Annexures P.1 and P.2 passed by respondent No.2 in re-computing the book profit for the purpose of Minimum Alternate Tax (MAT) under Section 115JB of the Income Tax Act, 1961 (in short, the Act ) by increasing the book profit by making an addition of amount of ₹ 253.87 crores as depreciation in the profit and loss account. 2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner company - Cairn India Limited is a resident company incorporated under the Erstwhile Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 562/- under Section 92CA(3) of the Act. The petitioner filed various letters before the Assessing Officer. The Assessing Officer in the draft assessment order dated 20.2.2015, Annexure P.2 in addition to accepting the adjustments made by the TPO also proposed an adjustment of ₹ 1,89,67,74,272/- to total income computed under the provisions of the Act. Further, an amount of ₹ 2,69,22,99,920/- was adjusted to book profits under section 115JB of the Act. The petitioner is only challenging action of respondent No.1 in proposing to increase book profit by ₹ 253,87,76,138/- as a result of recomputation of book profit for the purpose of MAT under section 115JB of the Act Thereafter, the petitioner filed objections to the legality ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. The assessee filed objections before the DRP i.e. respondent No.2 against the draft assessment order. The DRP upheld the order passed by the Assessing Officer. It is well recognized that when a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of. In the present case, after going through the narration of overall facts and the impugned orders passed by the respondent authorities, we find and it is not disputed by the learned counsel for the petitioner that the orders are appealable. Consequently, the petitioner should avail the alternative remedy of appeal against the orders passed by the authorities. 5. In Titaghur Paper Mills Co. Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , J. in Wolverhampton New Waterworks Co. v. Hawkesford in the following passage: There are three classes of cases in which a liability may be established founded upon statute. . . . But there is a third class, viz. where a liability not existing at common law is created by a statute which at the same time gives a special and particular remedy for enforcing it. . .the remedy provided by the statute must be followed, and it is not competent to the party to pursue the course applicable to cases of the second class. The form given by the statute must be adopted and adhered to. The rule laid down in this passage was approved by the House of Lords in Neville v. London Express Newspapers Ltd. and has been reaffirmed by the Privy Council in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Larsen and Toubro Limited v. The State of Haryana and others , 2012(2) 166 PLR 345, considering the question of entertaining writ petition where alternate statutory remedy was available, had in paras 6 and 7 observed thus :- 6.The following are the broad principles when a writ petition can be entertained without insisting for adopting statutory remedies:- i) where the writ petition seeks enforcement of any of the fundamental rights; ii) where there is failure of principles of natural justice; or iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged. 7. We are not inclined to entertain this petition against the assessment order as it does not fulfil any of the broad outline ..... X X X X Extracts X X X X X X X X Extracts X X X X
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