Facts of the Case
The petitioner, Wipro Ltd, filed a writ petition challenging
the legality and validity of Rule 86A of the CGST Rules, alleging it to
be arbitrary and bad in law.
The petitioner also sought relief against the continued
blocking of Input Tax Credit (ITC) amounting to ₹8,72,22,741, which
remained blocked beyond one year.
It was contended that as per Rule 86A(3), such
restriction automatically ceases after one year from the date of imposition.
However, despite expiry of the said period on 25 January 2021, the ITC
was not unblocked.
Further, the petitioner had made representations dated 15 June 2021 and 17 September 2021, but no response or justification was provided by the authorities.
Issues Involved
- Whether
blocking of ITC beyond one year violates Rule 86A(3) of CGST Rules,
2017.
- Whether
failure to provide reasons for blocking ITC amounts to violation of principles
of natural justice.
- Whether the respondent authority is obligated to pass a reasoned order on representations made by the petitioner.
Petitioner’s Arguments
- The
blocking of ITC was illegal, arbitrary, and without justification.
- No
reasons were provided by the respondent, thereby violating natural
justice principles.
- As
per Rule 86A(3), restriction on ITC cannot continue beyond one
year.
- Despite
lapse of statutory period, the ITC remained blocked.
- Multiple representations were made, but the respondent failed to respond or act.
Respondent’s Arguments
- The respondent’s counsel accepted notice but stated that no instructions were available in the matter at the time of hearing.
Court’s Findings / Order
The Delhi High Court disposed of the writ petition with the
following directions:
- Noted
that the petitioner’s representations had not been decided till date.
- Directed
the respondent authority to decide the representations dated 15 June
2021 and 17 September 2021.
- Such
decision must be made by a reasoned order in accordance with law.
- The
decision must be taken within four weeks.
- All rights and contentions of parties were kept open.
Important Clarification
- The
Court did not adjudicate the constitutional validity of Rule 86A.
- It
emphasized the necessity of:
- Passing
reasoned orders, and
- Deciding
representations within a reasonable time.
- The ruling highlights that administrative inaction cannot continue indefinitely, especially when statutory timelines are prescribed.
Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:4221-DB/MMH16122021CW144222021_154555.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment