Income Tax Notice Under Section 245 – Refund Adjustment Against Demand

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.

Section 245
Set-off mechanism
30 Days
Response window
Prior Intimation
Mandatory by statute
Refund at Stake
Your money
Provisions We Work Under
Sec 245 – Set-Off
Sec 154 – Rectification
Sec 156 – Demand Notice
Sec 220(2) / 220(6) – Interest / Stay
Sec 237 – Refund
Sec 244A – Refund Interest
Sec 246A – First Appeal
Art. 226 – Writ

Main Scenarios Leading to Section 245 Adjustments

Legacy Demand

Old Demand Sitting Active

Demand from a decade-old assessment never cleared — surviving on the PAN-based demand register.

  • 10+ year-old AY
  • Pre-CPC demand
  • Manual reconciliation
  • Lost demand notices
  • Wrong-PAN legacy
  • AST / ITBA migration
Unaddressed 143(1)(a)

143(1)(a) Demand Left Open

Sec 143(1)(a) adjustment became final demand — never challenged or rectified.

  • Prima facie adjustment
  • Sec 143(1) demand
  • 26AS mismatch demand
  • 80G disallowance
  • HRA disallowance
  • Computation error
Paid But Unrecorded

Demand Paid But Not Mapped

Demand was paid via challan but wrongly tagged — appearing as outstanding on the system.

  • Challan mapping error
  • Wrong BSR / CIN
  • Wrong AY on challan
  • Wrong major head
  • Unreconciled OLTAS
  • Rectification needed
Stayed Demand

Demand Stayed But Not Updated

Section 220(6) / 254(2A) stay granted but not reflected on the system — still shown as outstanding.

  • Sec 220(6) stay
  • ITAT Sec 254(2A) stay
  • HC writ stay
  • Stay order unmapped
  • 20% pre-deposit paid
  • Portal update needed
Appeal Pending

Appeal Pendency Ignored

Appeal pending before CIT(A) / ITAT / HC — pre-appeal demand being adjusted without waiting for outcome.

  • CIT(A) pendency
  • ITAT pendency
  • HC / SC pendency
  • 20% pre-deposit done
  • Intent to contest
  • Administrative hold
Appeal Allowed

Appeal Allowed — Not Given Effect

CIT(A) / ITAT order in taxpayer's favour but AO has not given effect — demand still showing open.

  • Allowed order
  • Giving effect pending
  • Refund side outcome
  • Sec 153(3) time limit
  • Administrative delay
  • MA to expedite

Key Section 245 Concepts at a Glance

Prior Intimation

Mandatory Under Statute

Section 245 mandates written intimation before any set-off — a jurisdictional safeguard.

Mandatory Written
Response Window

30 Days Typical

Response required within 30 days of intimation — the specific window is stated in the notice.

30 Days Portal
Five Response Grounds

Agree / Disagree Basis

Agree; disagree — incorrect; paid; stayed; appeal pending — each a distinct portal option.

5 Options Evidence
Sec 154 Link

Rectification Trigger

Where the underlying demand is wrong, filing Sec 154 rectification protects the refund.

Sec 154 4 Years
Sec 246A Link

First-Appeal Trigger

Where demand has merit issues, first appeal before CIT(A) under 246A protects long-term position.

30 Days Form 35
Sec 220(6)

Stay Linkage

Where Sec 220(6) stay is granted, refund adjustment must be held pending disposal.

Stay 20% Norm
Sec 244A

Refund Interest

Correctly computed refund with Sec 244A interest must be released in full if no valid demand exists.

Sec 244A Interest
Writ Remedy

Article 226 Option

Where set-off happens without prior intimation or against stayed demand, writ under Article 226 lies.

Art. 226 HC

What Our Section 245 Notice Engagement Covers

Diagnosis

Demand & Refund Review

Reading the notice, mapping proposed set-off, and reviewing the old demand's history.

  • Notice decoding
  • Demand ledger review
  • Challan / payment history
  • Stay / appeal status
  • Vintage & validity
  • Ground selection
Response

Portal Response & Evidence

Structured portal response with appropriate ground and supporting documentary evidence.

  • Agree / Disagree option
  • Evidence upload
  • Challan attachment
  • Stay-order copy
  • Appeal acknowledgement
  • Rectification history
Remedies & Writ

Rectification / Appeal / Writ

Sec 154 rectification, Sec 246A first appeal, and writ under Art. 226 in egregious cases.

  • Sec 154 filing
  • Sec 246A appeal
  • Sec 220(6) stay
  • Writ (Art. 226)
  • Refund release
  • Sec 244A interest

Our Section 245 Notice Response Services

01

Section 245 Notice Decoding

Reading and analysing the proposed adjustment — refund AY, demand AY, quantum, DIN linkage.

02

Legacy-Demand Clean-Up

Clean-up of old demands — challan mapping, BSR reconciliation, AST / ITBA linkage.

03

Sec 154 Rectification

Rectification application where the underlying demand is wrong — within Sec 154 time limits.

04

Sec 220(6) Stay Activation

Activating / re-flagging a Section 220(6) stay on the system to block refund adjustment.

05

Appeal-Pendency Hold

Protecting refund where CIT(A) / ITAT / HC appeal is pending with intention-to-contest evidence.

06

Paid-Demand Correction

Evidence-led correction for demands already paid — challans, OLTAS receipts, AY / head alignment.

07

Appeal-Allowed Effect Chase

Chasing giving-effect to CIT(A) / ITAT / HC orders where appeal was allowed but demand is still open.

08

High Court Writ

Writ under Article 226 where adjustment is made without prior intimation or against stayed demand.

When You Need Expert Section 245 Support

245 Notice Received

CPC has proposed adjusting your current refund against an older demand — 30-day clock has started.

Old / Unknown Demand

The demand shown in the notice relates to an old AY you do not recall — diligence review required.

Demand Already Paid

You paid the demand through a challan — but it is still showing "outstanding" on the system.

Stayed Demand Flag

Stay granted under Sec 220(6) / 254(2A) — but adjustment is being attempted despite it.

Appeal Pending

CIT(A) / ITAT / HC appeal pending — adjustment should be held pending outcome.

Appeal Allowed Earlier

CIT(A) / ITAT passed a favourable order — AO has not yet given effect, demand still visible.

Demand Is Incorrect

Demand arises from obvious mistake — TDS credit denied, arithmetic error, wrong deduction.

Refund Already Adjusted

Adjustment has been done without prior 245 intimation — writ / Sec 154 remedy evaluation.

Information & Documents Needed

Notice & Demand Data

  • Copy of 245 notice
  • DIN & issue date
  • Refund AY details
  • Demand AY & quantum
  • Demand notice u/s 156
  • Earlier assessment order
  • Portal demand ledger

Payment & Appeal Data

  • Challans for demand paid
  • OLTAS receipt / CIN
  • Stay orders
  • Appeal acknowledgement
  • CIT(A) / ITAT order
  • Earlier rectifications
  • 20% pre-deposit proof

Current Return Data

  • ITR of refund AY
  • Form 26AS / AIS
  • Computation sheet
  • Refund determination
  • Sec 244A interest working
  • DSC / e-filing credentials
  • Authorisation / POA

Our End-to-End Section 245 Response Approach

1

Notice Decoding

Read the notice, map refund AY to demand AY, check DIN and deadline.

2

Demand Diligence

Review demand history — paid / stayed / appealed / allowed-but-not-given-effect.

3

Ground Selection

Pick the best response ground — incorrect / paid / stayed / appeal-pending / agree.

4

Response & Evidence

Portal response with supporting challans / stay orders / appeal acknowledgements.

5

Parallel Remedies

File Sec 154 / 246A / stay / writ as needed to fix the underlying demand permanently.

Why Choose Us for Section 245 Response

CA-led response discipline
Legacy-demand clean-up
Challan & OLTAS mapping
Stay-record recovery
Appeal-pendency hold
Sec 154 / 246A capability
Writ (Art. 226) experience
Refund & Sec 244A interest

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.

Protect Every Refund. Respond Within 30 Days.

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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