Can GST refund be withheld by the department?
- Yes, the proper officer can withhold refund of accumulated ITC under Section 54(3) in the following circumstances:
i. If the person has failed to furnish any return till he files such return;
ii. If the registered taxable person is required to pay any tax, interest or penalty which has not been stayed by the appellate authority/ Tribunal/ court, till he pays such tax interest or penalty;
- The proper officer can also deduct unpaid taxes, interest, penalty, late fee, if any, from the refundable amount – Section 54(10) (d) of the CGST/SGST Act
- The Commissioner can withhold any refund, if,
- the order of refund is under appeal and
- he is of the opinion that grant of such refund will adversely affect revenue in the said appeal on account of malfeasance or fraud committed – Sec.54 (11) of the CGST/SGST Act.
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