Explanation
Section 245 empowers the Income Tax Department to adjust (set off) any refund due to a taxpayer against any outstanding tax demand under the Income Tax Act before actually disbursing the refund. Before doing so, the department must send an intimation to the taxpayer in writing, giving them a reasonable opportunity — typically 30 days — to show cause why the adjustment should not be made. If the taxpayer responds indicating that the underlying demand is incorrect (for instance, it is already in appeal or has been paid), the AO must consider the response. If the taxpayer agrees or does not respond, the adjustment proceeds automatically and the net amount (if any) is refunded. Taxpayers should regularly check outstanding demands under 'Pending Actions → Response to Outstanding Demand' on the e-filing portal. If an incorrect demand is being set off, the fastest remedy is to file a rectification under §154 or expedite the appeal process. A demand that has been stayed by a higher authority cannot legally be adjusted. After any adjustment, the department issues an intimation under §143(1) or §245 reflecting the net refund or demand. Verify on the income-tax portal before filing.