Answer

ITR

Refund withheld because of a pending assessment

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  1. Facts

    If the officer thinks paying the refund may hurt revenue because an assessment is pending, the refund can be withheld with approval until the assessment is done.

  2. Provisions and law

    • Sec 241A, Income-tax Act 1961Refund can be withheld where it is likely to adversely affect revenue, with approval, until assessment.
    • Sec 244A, Income-tax Act 1961 (now Sec 437, Income-tax Act 2025)Interest on refund at 0.5% for every month or part of a month, less periods of delay caused by the taxpayer.
  3. Analysis

    Reply fully in the assessment so it closes sooner. Interest on the refund continues, subject to rules. Ask for the reasons in writing if not given. Once the assessment is done, the refund is paid or adjusted.

  4. Conclusion

    1. Check e-Proceedings for the assessment.
    2. Reply to all notices promptly.
    3. Ask for the withholding reason if not given.
    4. Track refund after the order.

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