The Income-tax Act, 1961 · XIX — REFUNDS

Section 245. Set off of refunds against tax remaining payable

In force · As amended up to 2026-08

245. Set off of refunds against tax remaining payable. —Where under any of the provisions of this Act, a refund is found to be due to any person, the[8] [Assessing Officer],[9] [Deputy Commissioner (Appeals)][10] [, or the Commissioner (Appeals) or Commissioner or[11] [[3] [Principal Chief Commissioner or Chief Commissioner] or[4] [Principal Commissioner or Commissioner]]], as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section. 1. Ins. by Act 7 of 2017, s. 78 (w.e.f. 1-4-2017). 2. Ins. by Act 28 of 2016, s. 92 (w.e.f. 1-6-2016). 3. Subs. by Act 25 of 2014, s. 4, for "Chief Commissioner" (w.e.f. 1-6-2013). 4. Subs. by s. 4, ibid ., for "Commissioner" (w.e.f. 1-6-2013). 5. Subs. by Act 18 of 2005, s. 56, for "result of an order" (w.e.f. 1-4-2006). 6. Ins. by Act 3 of 1989, s. 41(w.e.f. 1-4-1989). 7. The proviso ins. by Act 18 of 2005, s. 56 (w.e.f. 1-4-2006). 8. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988). 9. Subs. by s. 2, ibid ., "Appellate Assistant Commissioner" (w.e.f. 1-4-1988). 10. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978). 11. Subs. by Act 4 of 1988, s. 2, for "Commissioner" (w.e.f. 1-4-1988). 1[CHAPTER XIXA SETTLEMENTOF CASES

Source: India Code

How this section changed

  1. inserted by Act 29 of 1977, s. 39

    In force from 10 Jul 1978

    Footnote: 10. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).

  2. substituted by Act 4 of 1988, s. 2

    In force from 1 Apr 1988

    Earlier wording: “Income-tax Officer”

    Footnote: 8. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988).

  3. substituted by Act 4 of 1988, s. 2

    In force from 1 Apr 1988

    Footnote: 9. Subs. by s. 2, ibid ., "Appellate Assistant Commissioner" (w.e.f. 1-4-1988).

  4. substituted by Act 4 of 1988, s. 2

    In force from 1 Apr 1988

    Earlier wording: “Commissioner”

    Footnote: 11. Subs. by Act 4 of 1988, s. 2, for "Commissioner" (w.e.f. 1-4-1988).

  5. substituted by Act 25 of 2014, s. 4

    In force from 1 Jun 2013

    Earlier wording: “Chief Commissioner”

    Footnote: 3. Subs. by Act 25 of 2014, s. 4, for "Chief Commissioner" (w.e.f. 1-6-2013).

  6. substituted by Act 25 of 2014, s. 4

    In force from 1 Jun 2013

    Earlier wording: “Commissioner”

    Footnote: 4. Subs. by s. 4, ibid ., for "Commissioner" (w.e.f. 1-6-2013).

  7. inserted by Act 7 of 2017, s. 78

    In force from 1 Apr 2017

    Footnote: 1. Ins. by Act 7 of 2017, s. 78 (w.e.f. 1-4-2017).