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A Section 245 notice under the Income-tax Act, 1961 is the prior-intimation communication issued by the Income Tax Department — typically through the Centralised Processing Centre (CPC) under the Assessing Officer's authority — proposing to set-off a refund due to the taxpayer for one assessment year against any tax demand outstanding for another (earlier or later) assessment year. Unlike a Section 156 notice of demand (which raises the underlying demand) or a Section 220 recovery notice (which initiates recovery), Section 245 is a set-off mechanism — it converts a refund into a recovery instrument by applying the refund against an older outstanding demand, in part or in full. Crucially, Section 245 is not a self-executing power — the statute mandates that before any such set-off is made, the taxpayer must be given an "intimation in writing" of the proposed action and an opportunity to respond. That intimation is the "Section 245 notice," and a failure to respond within the stipulated window (typically 30 days) leads to automatic adjustment, often resulting in the loss of a substantial refund to a legacy demand the taxpayer may not even remember, never received proper notice of, or that may itself be disputed / invalid.
Section 245 proceedings have multiplied sharply in the last decade because of (a) the huge legacy-demand inventory sitting on the department's systems, often decades old; (b) the CPC's end-to-end automation, which now flags every refund against an open demand; (c) the integration between CPC and the Assessing Officer's demand ledger through the PAN-based demand register; (d) the carry-over of disputed, stayed, uncollected, and partially-paid demands into the open-demand column; and (e) the significant number of taxpayers who have older demands that were never cleaned up — either because a rectification under Section 154 was never pursued, an appeal before CIT(A) was allowed but not given effect, or a stay under Section 220(6) was granted but not recorded centrally. A Section 245 notice is therefore often the first moment the taxpayer realises that an old demand is still "alive" — and it is the critical 30-day window within which the taxpayer can dispute the demand, get it rectified under Section 154, show evidence of stay or payment, or seek an appeal-pendency-based hold.
Our Section 245 Notice Response Services cover the entire lifecycle — decoding the notice to identify the proposed adjustment (which AY's refund, which AY's demand, the demand's DIN / reference, and its vintage); reviewing the demand's history on the Income Tax e-filing portal ("Response to Outstanding Demand / Notice" under Pending Actions) to check status (correct / incorrect / stayed / paid / already adjusted / appealable); drafting a structured Section 245 response on the portal citing the appropriate ground — (a) demand is incorrect (Section 154 rectification pending / to be filed); (b) demand has been paid / already adjusted (with challan / ITR-linked evidence); (c) demand is stayed under Section 220(6) / 254(2A); (d) appeal is pending before CIT(A) / ITAT / HC / SC and adjustment should be held; (e) demand is contested and the adjustment should be deferred; managing Section 154 rectification applications and Section 246A first appeals where the underlying demand is itself disputable; protecting the refund from avoidable adjustment while the real dispute is sorted; and, in egregious cases where the department proceeds with adjustment despite the taxpayer's valid objections, filing writ before the High Court under Article 226 citing the mandatory prior-intimation requirement under Section 245 — so every legitimate refund reaches the taxpayer's bank account and every illegitimate legacy demand is cleaned up at source.
Demand from a decade-old assessment never cleared — surviving on the PAN-based demand register.
Sec 143(1)(a) adjustment became final demand — never challenged or rectified.
Demand was paid via challan but wrongly tagged — appearing as outstanding on the system.
Section 220(6) / 254(2A) stay granted but not reflected on the system — still shown as outstanding.
Appeal pending before CIT(A) / ITAT / HC — pre-appeal demand being adjusted without waiting for outcome.
CIT(A) / ITAT order in taxpayer's favour but AO has not given effect — demand still showing open.
Section 245 mandates written intimation before any set-off — a jurisdictional safeguard.
Response required within 30 days of intimation — the specific window is stated in the notice.
Agree; disagree — incorrect; paid; stayed; appeal pending — each a distinct portal option.
Where the underlying demand is wrong, filing Sec 154 rectification protects the refund.
Where demand has merit issues, first appeal before CIT(A) under 246A protects long-term position.
Where Sec 220(6) stay is granted, refund adjustment must be held pending disposal.
Correctly computed refund with Sec 244A interest must be released in full if no valid demand exists.
Where set-off happens without prior intimation or against stayed demand, writ under Article 226 lies.
Reading the notice, mapping proposed set-off, and reviewing the old demand's history.
Structured portal response with appropriate ground and supporting documentary evidence.
Sec 154 rectification, Sec 246A first appeal, and writ under Art. 226 in egregious cases.
Reading and analysing the proposed adjustment — refund AY, demand AY, quantum, DIN linkage.
Clean-up of old demands — challan mapping, BSR reconciliation, AST / ITBA linkage.
Rectification application where the underlying demand is wrong — within Sec 154 time limits.
Activating / re-flagging a Section 220(6) stay on the system to block refund adjustment.
Protecting refund where CIT(A) / ITAT / HC appeal is pending with intention-to-contest evidence.
Evidence-led correction for demands already paid — challans, OLTAS receipts, AY / head alignment.
Chasing giving-effect to CIT(A) / ITAT / HC orders where appeal was allowed but demand is still open.
Writ under Article 226 where adjustment is made without prior intimation or against stayed demand.
CPC has proposed adjusting your current refund against an older demand — 30-day clock has started.
The demand shown in the notice relates to an old AY you do not recall — diligence review required.
You paid the demand through a challan — but it is still showing "outstanding" on the system.
Stay granted under Sec 220(6) / 254(2A) — but adjustment is being attempted despite it.
CIT(A) / ITAT / HC appeal pending — adjustment should be held pending outcome.
CIT(A) / ITAT passed a favourable order — AO has not yet given effect, demand still visible.
Demand arises from obvious mistake — TDS credit denied, arithmetic error, wrong deduction.
Adjustment has been done without prior 245 intimation — writ / Sec 154 remedy evaluation.
Read the notice, map refund AY to demand AY, check DIN and deadline.
Review demand history — paid / stayed / appealed / allowed-but-not-given-effect.
Pick the best response ground — incorrect / paid / stayed / appeal-pending / agree.
Portal response with supporting challans / stay orders / appeal acknowledgements.
File Sec 154 / 246A / stay / writ as needed to fix the underlying demand permanently.
Partner with our CAs for end-to-end Section 245 Notice Response Services — demand clean-up, rectification, stay activation, and refund protection — all under one roof.
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