GST
TRT-2025-
High court of Delhi
Date:-19-08-25
In:-
Issue Favourable to Tax Payer ?:-
In a significant ruling, the Delhi High Court addressed a dispute involving Omega QMS and the Commissioner of CGST, Delhi West, concerning the withholding of a tax refund. Omega QMS, a consultancy service provider, was initially denied a refund of ₹83,46,169 for the fiscal year 2019-20 by the Adjudicating Authority. However, this decision was overturned by the Appellate Authority, which sanctioned the refund. Despite this, the Department expressed an intention to review the decision but did not file any formal appeal, leading to an order to withhold the refund until further proceedings were concluded.
The court evaluated whether the refund could be withheld based solely on the Commissioner’s opinion without any pending legal proceedings. It clarified that under Section 54(11) of the GST Act, two conditions must be met: there must be pending proceedings concerning the refund order, and the Commissioner must believe the refund could harm revenue. Since no appeal or review was pending, the court found that the first condition was unmet. It concluded that a mere intention to appeal does not suffice to withhold a refund, as it cannot override the Appellate Authority's binding decision.
As a result, the court ordered the respondents to process the refund, including applicable interest, by September 30, 2025, while noting that the refund would be subject to the outcome of any lawful appeal filed subsequently. This decision emphasizes the requirement for actual legal proceedings to justify withholding a refund, rather than relying on speculative intents.
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