Challenging Tax Refund Appeals: Commissioner's Appeal Does Not Automatically Suspend Refund Order Under Section 54(11)
Case-Laws
GST
HC held that a Commissioner's mere decision to appeal does not automatically suspend a refund order under Section 54(11). The plain statutory language indicates that the pendency of an appeal does not ipso facto place the principal order in abeyance. Relying on prior judicial precedent, the court mandated that the revenue authority must comply with the appellate order and release the refund amount with applicable statutory interest. The writ petition was consequently allowed, directing immediate refund to the petitioner.
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