Answer

ITR

NRI refund adjusted against demand from earlier years

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  1. Facts

    Residential status does not change the set-off rule. Any income tax demand on your PAN can be adjusted against your refund after intimation, so you must respond the same way.

  2. Provisions and law

    • 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 156, Income-tax Act 1961 (now Sec 289, Income-tax Act 2025)A notice of demand states the tax, interest or penalty payable
  3. Analysis

    Check whether the old demand came from a year when your NRI status was wrongly treated, or from TDS credit missing on rent or interest. Example: an NRI with ₹45,000 refund for AY 2026-27 sees a ₹12,000 demand for AY 2019-20 caused by a missed TDS credit on NRO interest. Rectify and dispute it. Make sure your registered email and mobile on the portal are current, since NRIs often miss intimations.

  4. Conclusion

    1. Update email and mobile in your portal profile
    2. Check the old demand year and cause
    3. Respond within 30 days with proof
    4. File rectification if it is a processing error
    5. Ensure an Indian bank account is pre-validated for refunds

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Refund set-off, Sec 245 (now 438)

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