Section 241A of Income-tax Act, 1961: Withholding of Refund in Certain Cases

Section 241A historically permitted an Assessing Officer to withhold a refund arising under section 143(1) in specified scrutiny cases, subject to written reasons and prior approval. The provision ceased to apply from 1 April 2023.

Current position: A proviso inserted by the Finance Act, 2023 states that section 241A shall not apply from 1 April 2023. For the later period under the Income-tax Act, 1961, the refund withholding mechanism was incorporated into section 245. From 1 April 2026, the Income-tax Act, 2025 governs current tax years, with set-off and withholding of refunds dealt with in section 438, subject to the repeal and savings provisions.

What did Section 241A provide?

Section 241A applied to assessment years commencing on or after 1 April 2017. Where a refund became due under section 143(1), the Assessing Officer could withhold that refund if the statutory conditions were satisfied.

The provision required a notice under section 143(2), an opinion that granting the refund was likely to adversely affect the revenue, reasons recorded in writing, and previous approval of the Principal Commissioner or Commissioner. The refund could then be withheld up to the date on which the assessment was made.

Conditions for withholding under old Section 241A

RequirementMeaning
Refund due under section 143(1)The return processing resulted in a refund becoming due to the assessee.
Notice under section 143(2)The return had been selected for scrutiny and the statutory notice had been issued.
Likely adverse effect on revenueThe Assessing Officer had to form the opinion that granting the refund was likely to adversely affect the revenue.
Reasons in writingThe reasons for withholding the refund had to be recorded in writing.
Previous approvalPrior approval of the Principal Commissioner or Commissioner was required.
Maximum periodThe refund could be withheld up to the date on which the assessment was made.

Section 241A ceased to apply from 1 April 2023

The Finance Act, 2023 inserted a proviso expressly stating that section 241A does not apply from 1 April 2023. Accordingly, the section should not be presented as the current statutory authority for withholding refunds after that date.

Withholding under Section 245 after 1 April 2023

The Finance Act, 2023 restructured section 245 of the Income-tax Act, 1961 so that the provision addressed both set-off of refunds against outstanding tax and withholding of refunds where assessment or reassessment proceedings were pending.

Under the later section 245 framework, the Assessing Officer could, having regard to pending assessment or reassessment proceedings, withhold a refund for reasons recorded in writing and with previous approval of the Principal Commissioner or Commissioner. The statutory period was subsequently extended so that the refund could be withheld up to sixty days from the date on which the assessment or reassessment was made.

Current law: Section 438 of Income-tax Act, 2025

Section 438 of the Income-tax Act, 2025 is titled Set off and withholding of refunds in certain cases. It combines the power to set off a refund against an amount remaining payable with a power to withhold a refund in specified cases.

Set-off against outstanding amount

Where a refund becomes due or is found due, the specified income-tax authority may, instead of paying the refund, set off the whole or part of it against an amount remaining payable by that person under the Act. The person must first be given written intimation of the proposed action.

Withholding where assessment or reassessment is pending

Where a refund becomes due and assessment or reassessment proceedings are pending, the Assessing Officer may, for reasons recorded in writing and with previous approval of the Principal Commissioner or Commissioner, withhold the refund up to sixty days from the date on which the assessment or reassessment is made.

Key distinction: Section 241A is now primarily relevant for historical matters to which it applied. For current matters under the Income-tax Act, 2025, section 438 should be examined together with the applicable refund, assessment, interest and transition provisions.

Official resources

Updated: 29 September 2026. The applicable provision depends on the relevant assessment or tax year and the repeal and savings provisions governing the proceeding.