COMMUNITY INSIGHTS

Topic

Publish Date

When Can GST Refunds Be Withheld? The Real Scope of Section 54(11)

Timely refunds are crucial for businesses’ working capital under GST. While Section 54 of the CGST Act lays down the refund process, Section 54(11) permits withholding refunds-but only under very specific, exceptional conditions. Unfortunately, this power is often misunderstood as a routine tool for delay. But Section 54(11) is not meant to operate by default-it is a guardrail, to be used only when two specific conditions are satisfied..................... Read More

29.05.2025

CASE LAW

Authority

One liner

2025(05)LCX0172

Delhi High Court

JVG Technology Private Limited

Refund sanctioned by Appellate Authority cannot be withheld merely on Department's opinion without a pending appeal.
2025(04)LCX0192

Delhi High Court

Shalender Kumar

Withholding a GST refund u/s 54(11) of CGST Act is unjustified without any pending appeal or proceedings
2025(02)LCX0366

Delhi High Court

Truth Fashion

Mere decision taken by commissioner to assail a refund order would not qualify Section 54(11) of CGST Act and cannot ipso facto or automatically result in the principal order being placed in abeyance.