Sunday, March 24, 2013

Have you got an Intimation under section 245 of the Income Tax Act proposing adjustment of your refunds with the past tax demands?



Recently several Income Tax Assessee’s (tax payers) have received intimations under Section 245 of the Income Tax Act stating proposed Adjustments of Tax Demands pertaining to earlier Assessment Years with the Refunds dues for the Assessment Year 2012-13. The reply to this intimation is to be filed within 30 days of the date of intimation to the jurisdictional Assessing Officer otherwise such adjustment may be made final and the demands stated in the return will get adjusted with the refunds due to the tax payers.
      
The intimation includes the following message:
“Dear Sir/Madam,
Subject: Intimation under section 245 of Income Tax Act, 1961

Please refer to the return of income filed by you for PAN AAAPG1234H for Assessment Year 2012-13 vide acknowledgement no.
XXXXXXXXXXXXXXX dated 27-07-2012
The refund determined in this proceeding is being adjusted against the outstanding demands, as per details given below table.
In case of any discrepancies in the mentioned outstanding amount/s,kindly contact your jurisdictional AO.
Kindly note that, after 30 days of sending this intimation, the outstanding demand/s as on that date will be considered for adjustment.”


      In this case the following steps may be taken by an tax payers:

1)    Approach their jurisdictional Assessing Officer and provide the details as to why such adjustment shall not be made.

2)   Since the intimations are being received online from CPC many Assessee’s are under a wrong impression that the reply is to be filed to the CPC. This mistake is to be avoided as the Intimation clearly provides that the Assessee has to approach the Jurisdictional Assessing Officer.
  
3)    If the Income Tax Assessee is not aware about his jurisdictional Assessing Officer then he may get the information from the website of www.incometaxindiaefiling.gov.in by providing his PAN.
  

4)    The reply filed by the Assessee will be considered and examined by the Assessing officer before any direction for adjustment is made.

5)    The Assessing Officer will examine the reply and communicate his findings to the CPC, Bangaluru, who will then process the refund and adjust the demand, if any.