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Goods and Service TaxArticle·28 August 2025

Intention to appeal cannot delay refund

By J the App

Executive Summary

J the App by JustIDT is delighted to share the snapshot of Omega QMS v. CGST (19 Aug 2025) where, the Delhi High Court held that refunds cannot be withheld merely on the “intention” to appeal. Section 54(11) requires an actual pending appellate proceeding, not a hypothetical one. The Court directed release of refund with interest, reinforcing taxpayer rights and limiting arbitrary powers of the Department.

Delhi High Court on Refund Withholding under Section 54(11) of CGST Act

In the case of Omega QMS v. Commissioner of CGST before the Delhi High Court, ...

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