COMMUNITY INSIGHTS
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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
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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. |