Answer

ITR

Refund smaller than the old demand

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  1. Facts

    The whole ₹5,000 refund will be adjusted, and ₹45,000 will remain payable. Interest on the unpaid demand continues under Sec 220(2) at 1% a month.

  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 220(2), Income-tax Act 1961Interest of 1% a month runs on a demand not paid within the time in the notice (2025 Act number to be confirmed)
    • 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

    If you accept the demand, pay the balance soon to stop interest. If you dispute it, file rectification or appeal and ask for a stay. Example: ₹45,000 left unpaid for 6 months adds about ₹2,700 in interest. A senior citizen or salaried person with a genuine but large old demand can ask the officer about paying in instalments, which the officer can allow with reasons.

  4. Conclusion

    1. Decide whether the demand is correct
    2. If correct, agree and pay the balance via e-Pay Tax
    3. If wrong, dispute it and file rectification or appeal
    4. If payment is hard, ask the officer for instalments
    5. Keep the payment challan and update the response

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Refund set-off, Sec 245 (now 438)

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