Set-off of tax refunds: authority to adjust refunds against outstanding dues with written intimation and time limited withholding. Clause 438 authorises specified tax officers to set off any refund due against sums remaining payable by the taxpayer, subject to mandatory written ... Summary
Set-off of tax refunds: authority to adjust refunds against outstanding dues with written intimation and time limited withholding.
Clause 438 authorises specified tax officers to set off any refund due against sums remaining payable by the taxpayer, subject to mandatory written intimation. If assessment or reassessment proceedings are pending, the Assessing Officer may withhold the refund for a limited, time bound period, but only after recording reasons in writing and obtaining prior approval from the Principal Commissioner or Commissioner. The clause streamlines language from Section 245, narrows discretionary grounds for withholding by focusing on pendency of proceedings, and retains procedural safeguards without specifying priority among kinds of dues.
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TaxTMI 
TaxTMI 
