Xerox India Limited Vs Assistant Commissioner (Delhi High Court)
The Delhi High Court set aside an order passed by the Assistant Commissioner under Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act) against Xerox India Limited. The order, dated August 16, 2024, had confirmed the GST demand after rejecting the company’s response to a Show Cause Notice (SCN). The court found that the decision was based on a standardized template with no clear reasoning, reflecting a lack of application of mind.
Xerox India Limited had responded to the SCN through Form DRC-06 and sought adjournments for a personal hearing. However, the Assistant Commissioner rejected these requests, citing insufficient cause under Section 75(5) of the CGST Act. In the final order, the officer concluded that the taxpayer’s response was “not comprehensible, conceivable, not perspicuous, and ambiguous,” without further elaboration. The High Court noted that similar language had been used in previous cases, such as Indian Highways Management Company Limited v. Assistant Commissioner & Anr., indicating a recurring pattern of arbitrary adjudication.
Observing a failure to engage with the taxpayer’s submissions, the court held that the order was unreasoned and legally unsustainable. It directed the Principal Commissioner to review the adjudication process and ensure that officers provide well-reasoned decisions. While setting aside the order, the court permitted the tax authorities to re-evaluate the case in light of the taxpayer’s reply and the applicable legal framework.
