Section 245 of Income Tax Act "Set off of refunds against tax remaining payable"
245. Where under any of the provisions of this Act, a refund is found to be due to any person, the Assessing Officer, Deputy Commissioner (Appeals), Commissioner (Appeals) or Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section.
245A. In this Chapter, unless the context otherwise
requires,-
(a) "Bench" means a Bench of the Settlement Commission;
(b) "case" means any proceeding for assessment under this
Act, of any person in respect of any assessment year or
assessment years which may be pending before an Assessing
Officer on the date on which an application under
sub-section (1) of section 245C is made.
Explanation.-For the purposes of this clause-
(i) a proceeding for assessment or reassessment or
recomputation under section 147 shall be deemed to have
commenced-
(a) from the date on which a notice under section 148 is
issued for any assessment year;
(b) from the date of issuance of the notice referred to in
sub-clause (a), for any other assessment year or assessment
years for which a notice under section 148 has not been
issued, but such notice could have been issued on such date,
if the return of income for the other assessment year or
assessment years has been furnished under section 139 or in
response to a notice under section 142;
(ii) [***]
(iii) a proceeding for making fresh assessment in pursuance
of an order under section 254 or section 263 or section 264,
setting aside or cancelling an assessment shall be deemed to
have commenced from the date on which such order, setting
aside or cancelling an assessment was passed;
(iiia) a proceeding for assessment or reassessment for
any of the assessment years, referred to in clause (b) of
sub-section (1) of section 153A in case of a person referred
to in section 153A or section 153C, shall be deemed to have
commenced on the date of issue of notice initiating such
proceeding and concluded on the date on which the assessment
is made;
(iv) a proceeding for assessment for any assessment year,
other than the proceedings of assessment or reassessment
referred to in clause (i) or clause (iii) or clause (iiia),
shall be deemed to have commenced from the date on which the
return of income for that assessment year is furnished under
section 139 or in response to a notice served under section
142 and concluded on the date on which the assessment is
made; or on the expiry of the time specified for making
assessment under sub-section (1) of section 153, in case
where no assessment is made;
(c) "Chairman" means the Chairman of the Settlement
Commission;
(d) "income-tax authority" means an income-tax authority
specified in section 116;
(e) "Member" means a Member of the Settlement Commission,
and includes the Chairman and a Vice-Chairman;
(f) "Settlement Commission" means the Income-tax Settlement
Commission constituted under section 245B;
(g) "Vice-Chairman" means a Vice-Chairman of the Settlement
Commission and includes a Member who is senior amongst the
Members of a Bench.