ITR
Refund set off against a family member's demand
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Facts
Set-off under Sec 245 (now Sec 438) is against a sum payable by the same person. A demand on your father's, spouse's or HUF's PAN cannot be recovered from your personal refund.
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
Analysis
Each PAN is a separate taxpayer. If a demand shown against you actually belongs to someone else, for example because a PAN was quoted wrongly in a TDS statement or order, dispute it with reasons. Example: an order for your HUF wrongly carries your individual PAN; ask the officer to transfer it to the HUF PAN. If it is a legal heir case, where you represent a deceased parent, the demand sits on the deceased's PAN and is handled through that account, not your own refund.
Conclusion
- Confirm the PAN on the order behind the demand
- If it belongs to another person, respond Disagree with reasons
- Ask the officer to correct the PAN on the demand
- For a deceased parent, register as legal heir and handle it on their PAN
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Refund set-off, Sec 245 (now 438)
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