ITR
Refund withheld because scrutiny is pending
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
The same refund set-off section also lets the officer withhold a refund where a scrutiny notice is pending and releasing it may hurt revenue. The refund is then decided after the assessment.
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 536, Income-tax Act 2025 (repeal and savings)Proceedings for years before 1 April 2026 continue under the Income-tax Act 1961
Analysis
If your return is selected for scrutiny under Sec 143(2) (now Sec 270(8)), the refund can be held back with reasons recorded and approval. Example: AY 2025-26 refund of ₹80,000 shows as withheld after a scrutiny notice; it is released or adjusted once the order is passed, with interest under Sec 244A (now Sec 437) for the eligible period. Respond fully to the scrutiny so it ends sooner.
Conclusion
- Check e-Proceedings for a scrutiny notice for that year
- Reply to the scrutiny on time
- Ask the officer for the reason the refund is withheld, if not stated
- After the order, check the refund or adjustment shown
A Savvy can do this for you
Refund set-off, Sec 245 (now 438)
₹2,499
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.
People also ask
- Refund withheld because of a pending assessment
- Section 245 (now 438): Refund adjustment without notice (what to do)
- Refund adjusted against an old demand under Section 245
- What a Sec 245 refund set-off intimation means
- Where to respond to a refund set-off on the portal
- Appeal pending with stay: stopping a refund set-off