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Claim of refund for amount adjusted u/s 245

Teerth (CA Final) (253 Points)

31 January 2019

Hello All,

The Query goes as follows:

My Client Mr. X had Refund amount to be claimed for A.Y. 2018-19 of N amount for instance Rs 20,000/-. However he was issued Notice U/s 245 for adjustment of Refund amount against outstanding amount payable for A.Y. 2009-10. He has neither demand nor refund claimable for A.Y. 2009-10. However the due time to respond online for the notice has been elapsed. Also Rs 20,000/- refund for A.Y. 2018-19 has been automatically adjusted against notice of outstanding demand.

How to claim refund amount of Rs 20,000/- for A.Y. 2018-19?

Please Guide on this practical issue? Your valuable response is highly appreciated. Thanks in advance.

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4 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (168997 Points)
Replied 01 February 2019

"He has neither demand nor refund claimable for A.Y. 2009-10."

Then how come outstanding demand was pending?

Why the same was not responded?

As such nothing can be done, now.

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Teerth (CA Final) (253 Points)
Replied 04 February 2019

Sir, "He has neither Demand nor any refund claimable for A.Y 2009-10". i.e. during the filling of return for A.Y. 2009-10.

Sir the notice U/s 245 for outstanding demand for A. Y. 2009-10 was raised on 24 December 2018. That is before 1 month approx.

So, the question is that since reply of notice could not be made online is there any way where we could respond to the notice for incorrect demand raised and claiming of refund amount of A.Y. 2018-19??