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GST Refund Withheld: How Section 54(10) and 54(11) Work, and How to Get It Released

Under section 54(10), a refund can be withheld (or reduced) where you have not filed a return or owe tax, interest or penalty that has not been stayed by the last date for filing...

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September 30, 2026
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Last updated: October 2026Verified against: Government sources

A withheld refund is not a rejected refund. The officer accepts, at least for now, that money is due to you, but holds it back because of something else on your GST record. The law allows this only in two situations, set out in section 54(10) and 54(11) of the CGST Act, and the officer must tell you why in FORM GST RFD-07 Part A.

The two withholding powers side by side

Section 54(10)Section 54(11)
TriggerReturn not furnished, or tax/interest/penalty payable and not stayed by the "specified date"Order giving rise to refund is under appeal, or other proceedings are pending
Further conditionNone beyond the defaultCommissioner's opinion that refund would adversely affect revenue on account of malfeasance or fraud
Who decidesProper officerCommissioner
HearingNot written into the sub-sectionOpportunity of being heard required
What can be done(a) withhold until return filed or dues paid; (b) deduct unpaid dues from the refundWithhold till such time as the Commissioner determines
Interest while withheldSection 56 applies in the ordinary waySection 54(12): interest at a notified rate not exceeding 6% if you later become entitled
FormRFD-07 Part A (withhold), Part B (release)Same

"Specified date" in section 54(10) means the last date for filing an appeal under the Act. So a demand that is still within its appeal window, or that has been stayed, is not a ground under 54(10).

If your refund has sat under an RFD-07 for months, our GST refund withheld and rejection support team can check whether the stated reason still exists.

Section 54(10): unfiled returns and unpaid dues

This is the everyday case. A common pattern: the refund is for an export period, but a GSTR-3B for a later month is pending, or a demand order from an earlier year is sitting in the liability register.

What to check:

  1. Read the RFD-07 Part A. Rule 92(2) requires it to inform you of the reasons. Identify the exact return or demand.
  2. Return pending? File it. Clause (a) allows withholding only "until" the return is furnished.
  3. Demand outstanding? Ask three questions. Is the appeal period over? Has an appeal been filed? Has the demand been stayed? Section 107(7) treats recovery of the balance as stayed once the pre-deposit is paid with the appeal, which is directly relevant to whether the demand is still "unstayed".
  4. Deduction instead of withholding. Under clause (b), the officer may deduct the unpaid amount from the refund and pay the balance. Our note on refund adjusted against demand in RFD-07 explains how that is shown.

Once the reason is cured, write to the officer with proof (filed return ARN, payment challan, appeal acknowledgement with pre-deposit, stay order) and ask for a release order in RFD-07 Part B.

Section 54(11): pending appeals and fraud concerns

This power is narrower and heavier. It needs:

  • an appeal or further proceedings against the order that gave rise to the refund, or some other proceeding under the Act pending;
  • the Commissioner's opinion (not a junior officer's);
  • that grant of the refund is likely to adversely affect revenue on account of malfeasance or fraud; and
  • an opportunity of being heard before withholding.

A withholding that cites 54(11) without any allegation of malfeasance or fraud, or that was passed without a hearing, deserves a close look. If you win in the end, section 54(12) entitles you to interest on the withheld amount at a notified rate not exceeding six per cent.

Export IGST refunds withheld at Customs

For exports with payment of IGST, the shipping bill is the refund claim and Customs processes it. Rule 96(4) says the claim shall be withheld where:

  • the jurisdictional GST Commissioner asks for it under section 54(10) or 54(11);
  • Customs determines the goods were exported in violation of the Customs Act; or
  • the Board (or an officer authorised by it), on data analysis and risk parameters, considers verification of the exporter's credentials, including ITC availment, essential before refund.

In the first and third cases, Rule 96(5A) sends the claim to the jurisdictional GST officer as a system-generated RFD-01, deemed filed on the date of transmission. From there it follows the normal refund process. Our IGST export refund page covers this route in more detail.

Provisional refunds cannot be withheld

The ICAI Handbook, summarising CBIC's master refund circular, notes that no adjustment or withholding under section 54(10) or (11) is allowed on an amount sanctioned provisionally. Where there is an outstanding recoverable amount, the officer may instead process the claim on a final basis quickly and recover from the sanctioned amount. If your provisional RFD-04 amount was held back citing an old demand, raise this point.

Need help getting a withheld refund released?

Most withholding orders turn on a specific default that can be cured, but the release does not happen until someone asks for Part B with the right proof. We can read the RFD-07, clear or contest the underlying dues, and follow the release through to refund status and disbursement. See our refund withheld and rejection support, or the wider GST refund services page.

Key takeaways

  • Withholding is not rejection; the refund remains due once the reason is removed.
  • Section 54(10): unfiled returns or unstayed dues after the appeal deadline; withhold or deduct.
  • Section 54(11): pending proceedings, Commissioner's opinion of malfeasance or fraud, hearing required.
  • RFD-07 Part A records the withholding and its reasons; Part B releases it.
  • Provisionally sanctioned refunds are not to be withheld or adjusted under 54(10)/(11).

Read next

Disclaimer: Positions stated as on 30 September 2026, based on the CGST Act and Rules as amended, the Finance Act 2026, and the ICAI Handbook on Refunds under GST (January 2026). Verify current notifications before filing.

Quick recapKey facts & short answers

Key Facts About GST Refund Withheld

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Why is my GST refund withheld?

Usually because a return is unfiled or a tax, interest or penalty demand is unpaid and unstayed (section 54(10)), or because the Commissioner has invoked section 54(11) during pending proceedings. The RFD-07 Part A order must state the reason.

What is RFD-07 Part A and Part B?

Part A is the order withholding the refund under Rule 92(2). Part B is the order releasing it once the officer or Commissioner is satisfied it is no longer liable to be withheld.

GST Refund Withheld: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Usually because a return is unfiled or a tax, interest or penalty demand is unpaid and unstayed (section 54(10)), or because the Commissioner has invoked section 54(11) during pending proceedings. The RFD-07 Part A order must state the reason.

Part A is the order withholding the refund under Rule 92(2). Part B is the order releasing it once the officer or Commissioner is satisfied it is no longer liable to be withheld.

Under section 54(10)(b) it can deduct unpaid tax, interest, penalty or fee, but only where the amount has not been stayed by the last date for filing an appeal.

For section 54(11), yes; the sub-section requires an opportunity of being heard. Section 54(10) does not write in a hearing, but you can still ask for one in writing.

Under section 54(12), if a refund withheld under 54(11) is later found due, interest is payable at a notified rate not exceeding six per cent.

The Handbook records CBIC's clarification that provisionally sanctioned amounts are not subject to adjustment or withholding under section 54(10) or (11).