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    <title>Failure to Respond to Section 245 IT Act Notice Allows Refund Set-Off; AO Must Verify Excess Adjustment and Provide Hearing</title>
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    <description>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&#039;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.</description>
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    <pubDate>Thu, 14 Aug 2025 08:27:03 +0530</pubDate>
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      <title>Failure to Respond to Section 245 IT Act Notice Allows Refund Set-Off; AO Must Verify Excess Adjustment and Provide Hearing</title>
      <link>https://www.taxtmi.com/highlights?id=91598</link>
      <description>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&#039;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.</description>
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      <pubDate>Thu, 14 Aug 2025 08:27:03 +0530</pubDate>
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