U/s 245 of Income Tax Act 1961 - SET OFF OF REFUNDS AGAINST TAX REMAINING PAYABLE - DIRECTIONS OF HON'BLE DELHI HIGH COURT IN THE WRIT PETITION (CIVIL) NOS. 2659 & 5443 OF 2012 - ORDER DATED 14-03-2013
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Set-off of refunds under Section 245 requires prior intimation and an opportunity to reply before any adjustment. Adjustment of refunds against outstanding demands must follow the procedural safeguards under Section 245: CPC, Bengaluru issues prior intimation; the assessee may file a response to the Assessing Officer named in that intimation; the Assessing Officer must examine the reply and, if an adjustable demand is found, communicate findings to CPC, Bengaluru, which will then process the refund and effect any adjustment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Set-off of refunds under Section 245 requires prior intimation and an opportunity to reply before any adjustment.
Adjustment of refunds against outstanding demands must follow the procedural safeguards under Section 245: CPC, Bengaluru issues prior intimation; the assessee may file a response to the Assessing Officer named in that intimation; the Assessing Officer must examine the reply and, if an adjustable demand is found, communicate findings to CPC, Bengaluru, which will then process the refund and effect any adjustment.
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