Set-off under section 245 may be applied against disputed tax despite non-default treatment under section 220(6). The Board concluded that the power to set off refundable amounts under section 245 may be exercised notwithstanding that an assessee has been treated as not in default under section 220(6); the tax liability remains in existence distinct from its enforcement. The Board distinguished prior instructions on abeyance under section 220(7) as not relevant to non-default treatment, directed that orders should use the statutory phrase 'treated as not being in default' rather than 'stay,' and reiterated the requirement to give written intimation before adjustment under section 245.
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Provisions expressly mentioned in the judgment/order text.
Set-off under section 245 may be applied against disputed tax despite non-default treatment under section 220(6).
The Board concluded that the power to set off refundable amounts under section 245 may be exercised notwithstanding that an assessee has been treated as not in default under section 220(6); the tax liability remains in existence distinct from its enforcement. The Board distinguished prior instructions on abeyance under section 220(7) as not relevant to non-default treatment, directed that orders should use the statutory phrase "treated as not being in default" rather than "stay," and reiterated the requirement to give written intimation before adjustment under section 245.
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