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The HC held that under Section 245 of the IT Act, once an intimation is received, the assessee must respond; failing which the ITO may lawfully adjust refunds against outstanding tax liabilities without issuing further intimation or affording additional opportunity. The petitioner's failure to act after receiving such intimation justified the set-off of refunds for AY 2024-25 against dues for AY 2018-19. However, regarding refunds for AYs 2021-22, 2022-23, and 2023-24, the court directed the AO to issue an intimation within one week, provide the petitioner a hearing opportunity, and verify if any excess adjustment beyond the prescribed 20% limit under CBDT Office Memoranda occurred during the appeal pendency. If excess set-off is found, the AO must restore the amount to the petitioner. The writ petition was allowed accordingly, with no order as to costs.
The HC held that under Section 245 of the IT Act, once an intimation is received, the assessee must respond; failing which the ITO may lawfully adjust refunds against outstanding tax liabilities without issuing further intimation or affording additional opportunity. The petitioner's failure to act after receiving such intimation justified the set-off of refunds for AY 2024-25 against dues for AY 2018-19. However, regarding refunds for AYs 2021-22, 2022-23, and 2023-24, the court directed the AO to issue an intimation within one week, provide the petitioner a hearing opportunity, and verify if any excess adjustment beyond the prescribed 20% limit under CBDT Office Memoranda occurred during the appeal pendency. If excess set-off is found, the AO must restore the amount to the petitioner. The writ petition was allowed accordingly, with no order as to costs.
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