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Income Tax

Section 245Adjustment of Refund Against Outstanding Demand

Section 245 lets the department set a refund due to you against tax demands outstanding from earlier years, after giving you an opportunity to respond.

Income-tax Act, 1961Reviewed

In short

  • The adjustment is not automatic in the sense of being unannounced. The department must give you an opportunity to respond before setting off.
  • You have a window to agree, to disagree with reasons, or to state that the demand has already been paid.
  • Silence is treated as agreement, and the refund is adjusted.
  • Most old demands trace back to an unaddressed Section 143(1) intimation, a TDS credit mismatch, or a payment made but never linked to the right assessment year.
  • Outstanding demands are visible on the e-filing portal before any adjustment happens, so this is checkable in advance rather than only when a refund goes missing.

Who it applies to

  • Taxpayers with a refund due in one year and an unpaid demand outstanding from any earlier year
  • Anyone whose refund has been reduced or has not arrived despite the return being processed
  • Taxpayers carrying old demands they were unaware of, often arising from unresolved 143(1) intimations

How it works

Section 245 is the answer to one of the most common questions taxpayers ask: the return was processed, a refund was computed, and nothing arrived. The usual explanation is that the department applied the refund against a demand outstanding from an earlier year, which the section expressly permits it to do, provided it gives the taxpayer prior intimation and an opportunity to respond.

That opportunity is real and worth using. The notice sets out the demand it proposes to adjust against, by assessment year and amount, and gives you a window to respond on the portal with one of three positions: that you agree with the demand, that you disagree and why, or that the demand has already been paid and here is the challan. If you do not respond within the window, agreement is inferred and the set-off proceeds.

The demands themselves are frequently stale, and often genuinely wrong. The most common origin is a Section 143(1) intimation from years earlier that raised a small demand the taxpayer either never saw or assumed was a formality. Others come from TDS credit that was disallowed because a deductor had not filed their return at the time of processing, even though it appears in Form 26AS now. A third category is tax that was actually paid, but against the wrong assessment year or the wrong minor head on the challan, so it sits in the system unmatched.

Each of those has a different remedy. A demand arising from a disallowed TDS credit that has since appeared in your 26AS is corrected by a rectification request under Section 154. A challan applied to the wrong year is corrected by a challan correction request. A demand that is simply wrong on the merits is disputed on the portal with supporting computations. What all three have in common is that they are far easier to resolve while the response window is open than after the adjustment has been made.

The practical advice is to look before you are told. Outstanding demands are visible on the e-filing portal at any time under the pending actions for response to outstanding demand, and a taxpayer who checks that page once a year is never surprised by a missing refund. This is particularly worth doing before filing a return that will produce a large refund.

Also searched as: section 245 notice, refund adjusted against demand, refund set off, income tax return amount not received.

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Disclaimer

This page explains what a statutory provision does in general terms. It is not a substitute for the bare act, and it is not professional tax or legal advice. Rates, thresholds, and limits change with each Finance Act, and applicability turns on facts specific to you. Confirm anything that affects a real filing with a qualified Chartered Accountant.

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