FAQs on Section 245 Notice
What is a Section 245 notice under the Income Tax Act?
A Section 245 notice under the Income-tax Act, 1961 is the prior-intimation communication issued by the Income Tax Department (typically through CPC) informing the taxpayer that a refund due for one assessment year is proposed to be set-off against an outstanding demand for another assessment year (earlier or later). The statute mandates that before any such adjustment is given effect to, the taxpayer must be given intimation in writing and an opportunity to respond — the 245 notice is the mechanism by which that requirement is met. Section 245 is not a self-executing power — it is a safeguard, not a licence to adjust. On receiving the notice, the taxpayer has typically 30 days (as specified in the notice) to respond on the Income Tax e-filing portal's Pending Actions / Response to Outstanding Demand module with one of five prescribed grounds. Failure to respond within the window is deemed acceptance, and the adjustment is given effect to — often resulting in the loss of a refund to a legacy demand that may itself be invalid.
What is the time limit for responding to a Section 245 notice?
The exact response window is specified in the Section 245 notice itself, and is typically 30 days from the date of the intimation. In practice, the window is strict — if the taxpayer does not respond within the specified period, CPC proceeds with the proposed adjustment, the refund is set-off against the outstanding demand, and any balance (positive or negative) is settled accordingly. Extensions are rarely entertained at the CPC stage because the underlying process is automated. Hence, the prudent approach is to engage a CA the same day the 245 notice is received, particularly where the demand being adjusted against is old, disputed, stayed, or potentially incorrect. Where the window is at risk of expiry and further time is genuinely needed to compile evidence (challans, stay orders, appeal documents), a reasoned online request for an extension can be attempted alongside an interim response — but the preferred approach is to respond with the best available ground within the original window.
What are the grounds on which I can object to a Section 245 adjustment?
The Income Tax e-filing portal's "Response to Outstanding Demand" / Section 245 module provides specific response grounds. In practice, the main grounds on which a Section 245 adjustment can be legitimately objected to are — (a) the demand is incorrect (wrong PAN, wrong AY, wrong quantum, TDS credit denied, arithmetic error, incorrect deduction disallowance — typically requiring a Section 154 rectification); (b) the demand has been paid (with supporting challan, CIN, OLTAS receipt, and AY / major-head reconciliation); (c) the demand is stayed under Section 220(6) or Section 254(2A) — with the stay order attached; (d) an appeal is pending before CIT(A) / ITAT / High Court / Supreme Court — with the appeal acknowledgement and, where applicable, the 20% pre-deposit proof; (e) the demand has been quashed / reduced by an appellate order but giving-effect is pending — with the favourable appellate order attached. Each ground triggers a different follow-up action — rectification, stay renewal, or appeal-pendency recording.
What happens if I do not respond to a Section 245 notice?
Non-response to a Section 245 notice within the specified window is treated as deemed agreement with the proposed adjustment. CPC will proceed to set-off the refund against the outstanding demand, without any further opportunity to object. Depending on the quantum, this can mean — (a) a smaller refund credited to the bank account (if the refund exceeds the demand, only the balance is credited); (b) no refund credited (if refund equals demand); or (c) no refund at all but a further demand generated (if the demand exceeds the refund). Once the adjustment has been executed, the remedies are limited to — (a) a Section 154 rectification application challenging the underlying demand where a mistake apparent on record exists; (b) a Section 246A first appeal against the demand (where still within time); or (c) in egregious cases of lack of prior intimation or where adjustment was made against a stayed demand, a writ petition under Article 226 of the Constitution before the High Court. All three are materially costlier and slower than a timely 245 response.
Can the department make a Section 245 adjustment without sending a prior intimation?
No — Section 245 of the Income-tax Act expressly provides that an adjustment of refund against demand shall be made "after giving an intimation in writing to the assessee." This prior-intimation requirement is a statutory safeguard and not a discretionary courtesy. Courts, including several High Courts, have consistently held that a Section 245 adjustment made without prior intimation, or without giving the taxpayer a reasonable opportunity to respond, is procedurally void and liable to be set aside. Where an adjustment has been made in violation of the Section 245 safeguard, the taxpayer can — (a) approach CPC and the jurisdictional AO for reversal, citing the procedural lapse; (b) file a Section 154 rectification if reduction-of-demand / refund-entitlement is apparent on record; or (c) in clear cases, file a writ petition before the jurisdictional High Court under Article 226 of the Constitution for reversal of the adjustment and release of the refund with Section 244A interest. Preserving copies of portal communications, emails, and any notices received is critical evidence in any such remedy.
My demand is paid but still showing as outstanding — how do I stop the Section 245 adjustment?
This is one of the most common situations we see — a taxpayer paid a demand years ago through a challan, but CPC's demand register continues to show it as outstanding because of a mapping error (wrong BSR code, wrong CIN, wrong AY written on the challan, wrong major head "Minor Head 400 vs 200 / 300," or simply unlinked OLTAS data). The immediate response to the Section 245 notice should select "Demand is already paid," with the challan copy, OLTAS / TIN receipt, and AY reconciliation attached. In parallel, file a Section 154 rectification application on the e-filing portal to have the demand permanently tagged as paid — this fixes the underlying system record and prevents repeated 245 adjustments in subsequent years. Where the challan details genuinely cannot be traced (because the payment was made through a legacy bank / branch / manual challan decades ago), the AO has power under administrative guidelines to accept alternative evidence — bank statements, letter from the bank, AO's old records. This is a recurring clean-up exercise for legacy taxpayers.
My appeal is pending — can CPC still adjust my refund under Section 245?
In principle, where an appeal is pending before the CIT(A) / ITAT / High Court / Supreme Court and a valid stay of recovery has been granted — either under Section 220(6) by the AO (typically on the 20% pre-deposit norm), Section 254(2A) by the ITAT, or by a court order — no adjustment under Section 245 should be made against that disputed demand. In practice, this requires the stay to be reflected on CPC's system. The response to the 245 notice should therefore select "Stay granted by authority" or "Appeal pending" (depending on the exact portal options at the time), with the stay order and the appeal acknowledgement attached. Where the stay has been granted but not yet mapped to CPC's demand register, a parallel rectification / administrative request to the jurisdictional AO is advisable to have the stay record updated centrally. Where the department proceeds with adjustment despite a valid stay, writ remedy under Article 226 before the High Court is well-settled — courts consistently hold that an adjustment against a stayed demand is without jurisdiction.
How do I respond to a Section 245 notice on the e-filing portal?
The response process is entirely online. The steps — log in to the Income Tax e-filing portal at incometax.gov.in, navigate to Pending Actions → Response to Outstanding Demand / Notice, or directly to the Section 245 intimation listing, select the specific notice by AY and reference, read the demand details (AY, quantum, demand DIN, originating assessment), and select the appropriate response ground — "Demand is correct and agreed," "Demand is correct but not adjusted / paid," "Disagree with demand" (incorrect, already paid, stayed, or appeal pending), with sub-reasons. Support the chosen ground with documentary evidence — challans, CIN, OLTAS receipts, stay order copies, appeal acknowledgements, or CIT(A) / ITAT order copies. Submit and save the acknowledgement. For material refund amounts or complex histories (legacy demands, multi-year interplays, or contested orders), professional handling is strongly advised — a weak or incomplete response often results in the adjustment being executed despite valid grounds existing.