INCOME TAX

U/s 245 of Income Tax Act 1961 - SET OFF OF REFUNDS AGAINST TAX REMAINING PAYABLE - DIRECTIONS OF HON'BLE DELHI HIGH COURT IN THE WRIT PETITION (CIVIL) NOS. 2659 & 5443 OF 2012 - ORDER DATED 14-03-2013

Please refer to the above mentioned subject.

2. As per Hon'ble Delhi High Court's Order dated 14-3-2013, the Department requires to follow the procedure prescribed under section 245 before making any adjustment of refund payable by the CPC, Bengaluru. Accordingly, the assessee must be given an opportunity to file response or reply and the reply will be considered and examined by the Assessing Officer before any direction for adjustment is made. The process of issue of prior intimation and service thereof on the assessee will be as per the law. The assessee will be entitled to file their response before the Assessing Officer mentioned in the prior intimation. The Assessing Officer will thereafter examine the reply and communicate his findings to the CPC, Bengaluru, who will then process the refund and adjust the demand, if any payable.

2. The number of high refund cases where demand is outstanding and also intimation under section 245 has been issued by the CPC, Bengaluru, pertaining to each CCIT(CCA) region is being forwarded as per the enclosed Annexure I. The detaile list is also available on i-Taxnet on the following path:

Resources -l Downloads - l DIT_SYSTEMS - l REFUND_ERETURNS_PROCESSING_CPC_AY2012_13 (File Name) PANS-AY-2012-13_NOTICE-US-245-SENT.zip

3. It is requested to issue directions to the Assessing Officers under respective charges to make compliance of the aforesaid order and communicate its findings on adjustable demand to CPC, Bengaluru, who will then process the refund and adjust the demand. The communication to CPC, Bengaluru, may also be give on its e-mail id: cit.cpc.bangalore@incometaxindia.gov.in

ANNEXURE-I

CCIT(CCA)-wise break-up of high refund cases where demand is outstanding and also intimation u/s 245 has been issued by the CPC, Bengaluru:

Sl. No.

CCIT(CCA) CHARGE

Area Code

No. of High Refund Cases

1

ANDHRA PRADESH

APR

72

2

BHUBNESHWAR

BBN

9

3

BHOPAL

BPL

21

4

CHENNAI

CHE

92

5

DELHI

DEL

157

6

CENTRAL, INVESTIGATION, INTERNATIONAL TAXATION

DLC

136

7

GUJARAT

GUJ

85

8

KARNATAKA

KAR

99

9

KANPUR

KNP

18

10

KERALA

KRL

28

11

LUCKNOW

LKN

6

12

MUMBAI

MUM

338

13

NAGPUR

NGP

7

14

NWR

NWR

32

15

PUNE

PNE

61

16

PATNA

PTN

9

17

RAJASTHAN

RJN

18

18

SHILLONG-GUHATI

SHL

11

19

WEST BENGAL

WBG

76

 

Grand Total

 

1275

 LETTER [F.NO.DIT(S)-III/CPC/2012-13/ DEMAND MANAGEMENT]