Topic

Section 245 Income Tax Act

1 articleLatest May 2026
Section 245 Income Tax Act | Refund Adjustment Exceeding 20% of Disputed Demand Without Hearing Violates Natural Justice : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 245 Income Tax Act | Refund Adjustment Exceeding 20% of Disputed Demand Without Hearing Violates Natural Justice : Calcutta HC

The Calcutta High Court has ruled that adjusting a tax refund beyond 20% of a disputed demand without giving the assessee a prior opportunity to be heard violates the principles of natural justice. This sets a critical precedent for all taxpayers facing refund adjustments under Section 245, mandating procedural fairness even in recovery actions by the Income Tax Department.