
- Key Highlights
- What is Intimation Under Section 245 of the Income Tax Act?
- Why did I receive intimation under Section 245?
- Key Highlights of Section 245 of the Income Tax Act
- Responding to the Intimation Under Section 245
- Consequences of Not Responding to Intimation under Section 245
- Understand the Intimation Received Under Section 245 of the Income Tax Act
- FAQS - FREQUENTLY ASKED QUESTIONS
Did you receive intimation under Section 245 of the Income Tax Act?” A question like this is enough to intimidate anybody. However, the point to be noted here is that such intimation does not necessarily need to be scary and can be easily handled by you from the ease of your home. All you have to do is understand the basics, meaning, and the reason behind the intimation.
Key Highlights
- An intimation under Section 245 of the Income Tax Act is issued to adjust your tax refund with the tax liability .
- You can agree or disagree with the intimation issued
- You have to respond to the intimation within 30 days
- There are specific steps to respond to the intimation depending on your response
What is Intimation Under Section 245 of the Income Tax Act?
Intimation under Section 245 of the Income Tax Act is a formal notice issued by the Indian IT (income tax) Department informing you that your previous year’s pending tax dues are being adjusted by this year’s refund. Section 245 of the Income Tax Act allows the tax authorities to make the required adjustments against your pending dues.
Why did I receive intimation under Section 245?
An intimation is issued by the IT department in cases where you are eligible for a refund in a particular financial year but also have pending tax dues to be paid for a previous financial year.As per Section 245 of the Income Tax Act, The Assessing Officer (AO) issues the intimation and is authorised to adjust your refunds or a part of your refund against your previous dues. Simply put, Section 245 ascertains that all your pending dues with the government are cleared before issuing your refund. Also Read : Income Tax Act 1961: Chapters, Scope and More
Key Highlights of Section 245 of the Income Tax Act
Here are some of the key points to note:
- It empowers the AO to offset your previous year's dues with the current year's refunds.
- A part of the entire refund amount may be used by the official to offset your dues.
- You may choose to agree or disagree with the tax demand issued.
- You get a notice period of 30 days to respond to the intimation under Section 245 of the Income Tax Act. If you fail to respond within the stipulated time, your dues will be automatically adjusted against your refund by the AO without any further notice. Interest on the pending due amount for the assessment might be charged.
The main purpose of this intimation is to notify you of your pending dues and get them cleared on time. Hence, once you receive such intimation, it becomes your duty to respond promptly. Also Read : What to do when you receive a Letter of Intimation u/s 143(1) from the Income Tax Department?
Responding to the Intimation Under Section 245
Intimation under Section 245 of the Income Tax Act has provisions for you to agree or disagree with the demand made by the authorities.So, first, you need to check the details of the pending tax demand using the following steps:
- Select the given checkbox and the disclaimer on the response to the Outstanding Amount Page.
- Once this option has been selected, you can no longer choose to disagree with the tax demand
- Now, you must click the “Pay Now” button under the not paid yet option. An e-tax page will open up. You can make your tax payments here.
- You will receive a success message confirming the successful payment and a transaction ID for future reference.If the payment has been already made, Select “Yes” and add challan details.
- To add the challan details, you have to select: “Type of Payment”, punch in the challan amount, enter the BSR code and serial number select the payment date.
- Then click “Attachment” to upload the challan copy and click the ‘Save’ button.
- After all the Challan details, you must click the “Submit” button to submit your response to intimation under Section 245 of the Income Tax Act.
- You will receive a success message confirming the successful payment and a transaction ID for future reference.
- Click the “Add Reasons” option available on the response to the outstanding amount page.
- Select the reason (one or more) for your disagreement from the given options and click the “Apply” button. A list of disagreement reasons is given on the screen. You can choose one or more reasons from there.
- Now, you have to enter the appropriate details for every selected reason.
- A completed status is displayed against the reason you submitted the details.
- Now, you need to click on the “Pay Now” button available in the payment summary. An e-tax page will open up. You can make your tax payments here
- A new page-“Response to Outstanding Amount Page,” will open up. Click the “Submit” button to submit your response.
- Click the “Confirm” tab to confirm your response submission
- You will receive a success message confirming the successful payment and a transaction ID for future reference.
- Demand is correct- If you select this option, then you have to follow these steps:
- Disagree with Demand (either in full or part) – If you choose this option, you need to follow the under-mentioned steps:
- Log in to the official income tax department website with your user ID (Aadhar number, PAN number, etc.) and password.
- Under the tab ‘Pending Actions, ’ click ‘e-proceedings.’
- A new page will open. On this page, you will see a ‘Self’ button. Just click it and select ‘For your Action Tab.’ Having done that, click ‘View Notices
- Then click ‘Notice/Letter PDF.’ You can download a copy of your notice and verify the details. Having done that, click ‘Submit Response’ to reply to the notice issued.
- You can view your tax demand details and then select either of the three options available:
- Demand is not correct, but agree for adjustment- If you select this option, a message asking the reason for disagreement will appear on the screen. All you need to do is click the ‘Continue’ button, add your reason for disagreement, and move to the next step.
Also Read : Section 90, 90A, and 91 of the Income Tax Act
Consequences of Not Responding to Intimation under Section 245
If you do not respond to the intimation received under Section 245 within 30 days, the pending tax demand will be adjusted with your refund. An interest on the demand will also be charged for the assessment year and it will be adjusted from the refund without your consent.
Understand the Intimation Received Under Section 245 of the Income Tax Act
Don't get intimated by an intimation. Understand its purpose and respond to it accurately. Plan your taxes effectively to save more and reduce your tax liability as much as possible.
FAQS - FREQUENTLY ASKED QUESTIONS
What is Section 245?
Section 245 is a section of the Income Tax Act under which intimation is issued to you notifying you that you have dues pending for a previous year, which will be adjusted against this year’s refund.
Can we challenge a Section 245 Income Tax demand? If Yes, how?
You can challenge a Section 245 Income Tax demand by filing an appeal online using Form 35 on the e-filing portal. The appeal is heard by the Joint Commissioner of Appeals or the Commissioner of Income Tax (appeals).
What is the list of reasons for disagreements available on the response to the outstanding amount page?
The list of various reasons for disagreement is as follows:
Demand has already been paid
Demand has already been reduced by rectification/revision
Demand has already been reduced by an appellate order. Still, the appeal effect has to be given by the department
An appeal has been filed
Rectification/Revised return has been filed at CPC
Rectification has been filed with the assessing officer
Others
Who issues intimation under Section 245 of Income Tax?
The Assessing Officer or AO is the only authority empowered to issue intimation under Section 245.
What is the time limit for responding to the demand?
You get a 30-day notice period to respond to the demand under Section 245 of Income Tax. However, it has to be kept in mind that the 30-day notice period can be reduced by the AO with prior approval from the Joint Commissioner (Appeals).
Can we extend the notice period?
You can appeal to the AO to extend your notice period. However, the application for a time extension has to be done before the expiry of the notice period. No appeals for extension after the expiration of the notice period will be entertained.
Can we pay the tax demand under Section 245 in instalments?
Tax demand under Section 245 can be made in instalments with prior approval from the AO. However, all such appeals must be made before the expiration of the notice period.
What happens if we fail to pay the tax demands under Section 245 of the Income Tax Act?
If you fail to make the tax payments on time, you will have to pay an interest @1% per month or part of the month, payable after the expiry of the 30-day notice period. The interest is applicable even if you have prior permission from the AO for a payment date extension.
What is the maximum size of challan copy that can be uploaded to register payments already made?
You can upload a challan copy of a maximum size of 5 MB in case of a single attachment. In case of multiple attachments, you need to assemble all the attachments in one folder and upload the same. However, the size of the zipped folder cannot exceed 50 MB.
Why is intimation issued under Sec 245 of the Income Tax Act?
Intimation under Section 245 of the Income Tax Act is issued for the following reasons:
lDiscrepancies in tax payments
Unadjusted Demands
Outstanding Tax Dues not addressed regularly.
The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

.gif)




.webp)


