Set off and withholding of refunds in certain cases
[As per the Income Tax Act, 2025 (this Act) w.e.f. 1st April, 2026.]
Section 438(1) of Income Tax Act 2025
438(1) Where a refund becomes due or is found to be due to any person under this Act, the Assessing Officer or Commissioner or Principal Commissioner or Chief Commissioner or Principal Chief Commissioner, may instead 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 such person.
Section 438(2) of Income Tax Act 2025
438(2) Any action under sub-section (1) shall only be taken after giving intimation in writing to such person of the action proposed to be taken.
Section 438(3) of Income Tax Act 2025
438(3) Where,––
- 438(3)(a) a part of the refund is set off under sub-section (1); or
- 438(3)(b) no such amount is set off,
and refund becomes due to a person, and the Assessing Officer, having regard to the fact that proceedings for assessment or reassessment are pending in the case of the person, may, for reasons to be recorded in writing and with the previous approval of the Principal Commissioner or the Commissioner, withhold the refund up to sixty days from the date on which such assessment or reassessment is made.
