ITR

Refund adjusted without any prior intimation

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The law permits set-off only after written intimation of the proposed action. If your refund was adjusted without an intimation, you can ask for it to be reversed if the demand was wrong.

Provisions

Sec 245, Income-tax Act 1961 (now Sec 438, Income-tax Act 2025); Sec 154, Income-tax Act 1961 (now Sec 287, Income-tax Act 2025); CBDT Instruction F.No. DIT(S-III)/CPC/2012-13 dated 27 November 2012

Analysis

First check your registered email and the e-Proceedings and Worklist tabs, because intimations often go to an old email. If none was sent, raise a grievance on the portal citing the absence of intimation. If the demand itself was wrong, ask the officer to rectify it so the adjusted amount is refunded with interest. Example: ₹11,000 adjusted against a demand that was already paid; once rectified, the ₹11,000 should come back.

Close

  1. Check email, e-Proceedings and Worklist for any intimation
  2. Download the refund adjustment details from the refund status page
  3. If there was no intimation, raise a grievance on the portal
  4. If the demand was wrong, apply for rectification to the officer
  5. Track the refund of the adjusted amount

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