ITR
Missed the 30 days and the wrong demand was adjusted
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Facts
Yes, if the demand itself was wrong. Once the demand is corrected through rectification or appeal, the adjusted amount becomes refundable.
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)
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.
Conclusion
- Find the order behind the adjusted demand
- Decide whether it is a rectifiable mistake or needs appeal
- File rectification with the officer, or appeal with a condonation request if late
- Raise a grievance if there is no movement
- Track the refund once the demand is reduced
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Refund set-off, Sec 245 (now 438)
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