Refund adjusted under section 245 of income tax

This query is : Resolved 

Querist : Anonymous (Querist) 22 February 2013

one of my freind (he is salaried tax payer)
got a letter from IT department sub: Intimation under section 245 of income tax act 1961

as per letter the refund amount for a.y. 2012-13 is adjusted against the demand for A.y. 2009. demand raised under section 1431a.

kindly help us, what could we do right now as we have only 15 days left for complaint.

thanks in advance

Aditya Maheshwari (Expert)
22 February 2013

Kindly contact ur juridiction A. O. for issue of intimation u/s 143(1) if not received and apply for rectification in case there is a mistake from thier side.

CA. Jatin Gupta (Expert)
22 February 2013

Same problem was faced by me in my return also. Go for rectification u/s 154 with all your details to CPC bangalore. Your AO may not help you in this case.

Taxguy (Expert)
23 February 2013

Wherever the 245 is issued by the CPC, the rectification has to be done by Local-Jurisdictional AO, so please meet AO even if the 143(1) is issued by CPC as per the Call center of CPC reply.

Shivang Chokshi (Expert)
26 February 2013

you can ask for intimation u/s 143(1) by login into assessee's account on to find the reason for such adjustment of refund and reason for any such outstanding.
you can also write a letter to jurisdictional a.o. with following details:
1.mention about the return filed and tds done on such salary along with self assessment tax paid, if any.
2. Attach form 16 which shows tds duly done.
3. attach challan copy which shows payment of tax paid if any over and above tds on salary.
Conclude the letter by mentioning to convert the outstanding demand to NIL.

In your case, you can intimate regarding this way and clarifying that there is no demand oustanding against which such refund was adjusted. Thus refund should be available as per actual data.
Sec 245 intimation is nothing but a department's way to get all details of all the taxes paid by us. They are not taking any pains to align the tds details with demand status. such demand is uploaded by jurisdictional AO at most times. thus approaching him will help in deleting the demand or adjusting the refund status.

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