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REFUND OF GST TDS

This query is : Resolved 
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14 March 2026 WE HAVE FILED AN APPEAL AGAINST THE ORDER OF SEC 74 OF CGST ACT BUT THE DEPARTMENT IS HOLDING GST TDS REFUND ON THE BASIS OF GROUND THAT THE CASE IS STILL PENDING. CAN DEPARTMENT HOLD SUCH TDS REFUND? WHAT WILL BE THE REMEDY?ALSO CAN WE GO FOR THE FIRST APPEAL?
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Aashok Kumar Sharma

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Aashok Kumar Sharma (Expert)
15 March 2026 The department cannot legally withhold a GST TDS refund against a Section 74 demand if an appeal has been filed and the mandatory 10% pre-deposit paid, as the recovery of the balance is automatically stayed under Section 107(7). If they have issued a formal withholding order (RFD-07), a first appeal can be filed against it; if they are just delaying without issuing an order, filing a Writ Petition in the High Court is the strongest remedy to get the refund released with interest.
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