Section 245 of Income Tax Act

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Shreya Sharma

Income Tax
Refund & Notices
Section 245
Last updated on October 19th, 2023

The Income Tax Department issues intimations and notices to taxpayers for a range of purposes. Intimation under section 245 of the Income Tax Act is specifically dispatched when there is an outstanding tax liability for any previous years. Under this intimation, the previous financial year’s outstanding liability is proposed to be adjusted against the tax refund of the current financial year. The Assessing Officer (AO) has the authority to offset any tax refunds against this outstanding amount.

Intimation u/s 245 of Income Tax

Intimation u/s 245 of the Income Tax Act is issued by the IT Department to inform the taxpayer that their previous year’s pending tax dues are being offset with the current year’s refund. The details of such intimation are reflected in the income tax login account of the taxpayer. The taxpayer has the option to pay the outstanding demand if they agree with the notice or submit a response if they disagree with the notice. If the taxpayer does not respond, the AO can adjust the refund against the outstanding tax demand.

Viewing Details of the Outstanding Tax Demand

The taxpayers can view the details of their outstanding tax demands on the Income Tax e-Filing portal. The taxpayers can view the intimation by logging in to the IT portal and navigating to Pending Action and Response to Outstanding Demand. Hence, details related to the same would be available under this view. The taxpayer also has to submit a response to the IT Department. This action can also be carried out from under this view.

Intimation under section 245 of Income Tax

Responses to Notice under Section 245 of the Income Tax Act

It is important to go through the details of the notice after receiving it from the department. Along with the details, it is also important to respond back to this notice within 30 days. Moreover, if the deadline to respond to such a notice elapses then the outstanding demand as of that date will be considered for adjustment against your refund. The following are the possible responses:

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How to Respond to Intimation u/s 245 of Income Tax?

The steps to submit a response u/s 245 are:

  1. Visit the e-filing portal

    Visit the e-filing and log in using valid credentials.

  2. Navigate to e-Proceedings

    Click on Pending Actions > e-Proceedings

  3. View Notice u/s 245

    Click on the option to view the notice under the “Self” tab.
    View Notice u/s 245

  4. Notice or Letter pdf

    Click on the notice/letter pdf option.
    Notice or Letter pdf

  5. Submit Response

    Click on the option to submit a response.
    Submit Response

  6. Options to Respond to the Notice

    Details of Outstanding Demand related to 245 demand will be displayed. You can either select Demand is correct or Disagree with Demand (Either full or Part)
    Options to Respond to the Notice

  7. Demand is Correct

    If you select Demand is correct, you will be required to select the checkbox and provide an answer to Have you already paid the demand amount and add the challan details, if already paid click Save.
    Demand is Correct

  8. Disagree with Demand

    If you select Disagree with Demand (Either full or Part), you will have to add reason(s) for disagreement and click Save.
    Disagree with Demand

  9. Declaration

    Select the Declaration checkbox and click Proceed to E-Verify.
    Declaration

Consequences of No Response to the Intimation u/s 245

The taxpayer has to submit a response to the intimation under section 245 of the Income Tax Act within 30 days of receiving this notice. Failing to do so will result in outstanding demand considered for adjustment against your refund after considering interest on demand. The interest is chargeable on principal demand pending relevant AY. Therefore, the demand and interest on the demand will be adjusted against the refund.

FAQs

How is Intimation u/s 245 communicated to taxpayer?

The IT department sends the communication of intimation to the taxpayer typically though electronic means, such as e-mail and the taxpayer e-filing account.

Is there a time frame for receiving an intimation u/s 245?

An intimation can be send to the taxpayer within a period of 9 months from the end of the financial year.

Can a taxpayer check the status of their outstanding tax liability and refunds online?

Yes, taxpayers can access their income tax records and see the status of their outstanding tax liability and refunds through the official income tax e-filing portal.

What documents or records should a taxpayer keep in case they receive an intimation under Section 245?

Taxpayers should maintain records of their tax returns, acknowledgment receipts, and any communication with the Income Tax Department, as these may be needed for reference in case of disputes or clarifications.