Answer

ITR

Missed the 30 days and the wrong demand was adjusted

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  1. Facts

    Yes, if the demand itself was wrong. Once the demand is corrected through rectification or appeal, the adjusted amount becomes refundable.

  2. Provisions and law

    • Sec 154, Income-tax Act 1961 (now Sec 287, Income-tax Act 2025)A mistake apparent from the record can be rectified, on request or by the officer
    • Sec 245, Income-tax Act 1961 (now Sec 438, Income-tax Act 2025)Refund can be set off against an earlier demand only after a written intimation to the taxpayer
    • Sec 246A, Income-tax Act 1961 (now Sec 357, Income-tax Act 2025)Appeal to the Commissioner (Appeals) against an order or intimation, in Form 35 (now Form 99)
  3. Analysis

    Missing the 30 days only means the adjustment happened; it does not make a wrong demand correct. Example: ₹16,000 was adjusted for an AY 2018-19 demand that came from a TDS mismatch. File rectification with the officer showing the TDS credit; when the demand is reduced, the ₹16,000 is refunded. Where the demand came from an assessment order you disagree with, the appeal route and its time limit apply instead.

  4. Conclusion

    1. Find the order behind the adjusted demand
    2. Decide whether it is a rectifiable mistake or needs appeal
    3. File rectification with the officer, or appeal with a condonation request if late
    4. Raise a grievance if there is no movement
    5. Track the refund once the demand is reduced

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Refund set-off, Sec 245 (now 438)

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