Section 437 · Refunds
Section 437 of the Income-tax Act, 2025 — Interest on Income Tax Refunds (Successor to Section 244A)
By CA Rajat Agrawal
Updated 05 Jul 2026
Chapter XX
📜 What the law says — Section 437, Income-tax Act 2025
437. (1) Where a refund is due to the assessee under this Act, he shall, subject to
the provisions of this section, be entitled to receive, in addition to the re-
fund, simple interest thereon calculated at the rate of 0.5% for every month or part
of a month, in the circumstances specified in column B of the Table below, for the
period specified in column C of the said Table.
TABLE
Sl. Circumstances Period
No.
A B C
1. Where the refund is out of tax (a) From the first day of April of the
collected at source under section year following the tax year to the
394 or paid by way of advance tax date on which the refund is granted,
or treated as paid under section where the return of income has
390(5), during the financial year. been furnished on or before the due
date as specified in section 263(1);
(b) from the date of furnishing the
return of income to the date on
which the refund is granted; in any
other case.
2. Where the refund is out of any tax From the date of furnishing of return of
paid under section 266. income or payment of tax, whichever is
later, to the date on which the refund is
granted.
3. Any other case. From the date or, as the case may be,
dates on and from which the amount of
tax or penalty specified in the notice of
demand issued under section 289 is paid
in excess of such demand to the date on
which the refund is granted.
(2) No interest shall be payable under sub-section (1) (Table: Sl. No. 1 or 2), if the
amount of refund is less than 10% of the tax as determined under section 270(1)or
on regular assessment.
(3) Where refund, mentioned in sub-section (1) (Table: Sl. No. 1), arises as a result
of an order passed by the Assessing Officer in
In plain language
What Section 437 says in plain English
When the Income Tax Department holds more of your money than it should — because you paid extra TDS, advance tax or self-assessment tax, or because an appeal reduces your demand — the department must not just return the money. It must also pay you interest for the time your money was stuck with them. Section 437 of the Income-tax Act, 2025 is the provision that guarantees this. It is the direct successor to the well-known Section 244A of the Income-tax Act, 1961, and it carries forward the same core idea with a cleaner, table-based structure.
- Rate of interest: Simple interest at 0.5% for every month or part of a month — that works out to roughly 6% per annum.
- Simple, not compound: Interest is calculated only on the refund principal, not on interest already accrued.
- Part of a month counts fully: Even one day into a new month is treated as a whole month for the 0.5% calculation.
Who it applies to
Section 437 applies to every assessee to whom a refund becomes due under the Act — salaried individuals, business owners, professionals, companies, firms and even deductors in certain cases. You do not need to separately claim the interest; the department is required to compute and pay it along with the refund.
From which date does interest run?
This is the most important practical part, because the start date decides how much interest you get. Section 437 fixes the start date based on where the refund came from:
- Refund out of TDS, TCS or advance tax: If you filed your return on or before the due date, interest runs from 1st April of the assessment/relevant period (i.e., the year following the tax year) up to the date the refund is granted. If you filed your return late, interest runs only from the date of filing — so late filing costs you interest.
- Refund of self-assessment tax / tax paid under Section 266: Interest runs from the later of the date of filing the return or the date of paying that tax, up to the date of refund.
- Any other case (e.g., excess tax paid against a demand): Interest runs from the date the tax was paid against the notice of demand, up to the refund date.
The 10% threshold — a key limit
Section 437 keeps a filter from the old law: no interest is payable in the TDS/TCS/advance-tax and self-assessment categories if the refund amount is less than 10% of the tax determined under Section 270(1) (regular assessment). This stops tiny refunds from generating interest claims and reduces administrative friction.
Delay caused by you is excluded
If the refund proceedings are delayed for reasons attributable to you (or the deductor) — for example, you did not respond to a notice, or submitted incorrect bank details — that period of delay is excluded from the interest calculation. Where there is a dispute about whose fault the delay was, the matter is decided by the Principal Commissioner/Commissioner, whose decision on the period of exclusion is final.
Extra interest for delayed appeal-effect refunds
A powerful feature carried into Section 437 is additional interest. Where a refund arises from an appeal or other order and the department fails to grant it within the time allowed, the assessee is entitled to further interest at 3% per annum for the period beginning after the expiry of the statutory time limit until the refund is finally granted. This is a penalty on the department for sitting on your money.
How it interacts with other sections
- It works alongside the refund machinery in Sections 431–438 — Section 437 is only the interest piece.
- If interest is later found to have been excess-granted (for example, the refund is reduced in a later order), the excess interest can be recovered via a notice of demand.
- The interest you receive is generally taxable as "Income from Other Sources" in the year of receipt — the refund principal itself is not taxable, but the interest component is.
Practical implications
File your return on or before the due date to preserve interest from 1st April; give correct, pre-validated bank details to avoid "attributable delay"; and check the intimation to confirm the department has actually paid the interest it owes. Remember to declare the interest in your next return so you are not caught in a mismatch.
💡 Example
Worked example 1 — refund of excess TDS, return filed on time. Priya, a salaried employee, had ₹40,000 of TDS deducted but her actual tax liability was only ₹28,000. Her refund is ₹12,000. She filed her return on time on 15 July 2026 (tax year 2025-26). Interest under Section 437 runs from 1 April 2026 to the date of refund. If the refund is granted on 30 September 2026, that is 6 months. Interest = ₹12,000 × 0.5% × 6 = ₹360. She receives ₹12,360 in total, and must declare ₹360 as "Income from Other Sources".
Worked example 2 — the 10% threshold blocks interest. Rakesh's tax determined on regular assessment under Section 270(1) is ₹1,00,000, and his refund is ₹8,000. Since ₹8,000 is less than 10% of ₹1,00,000 (₹10,000), no interest is payable on this refund. He simply gets ₹8,000 back.
Worked example 3 — additional 3% interest after an appeal. A company wins an appeal and becomes entitled to a ₹5,00,000 refund. The department delays granting it beyond the allowed time by 4 months. On top of the normal 0.5%-per-month interest, the company is entitled to additional interest at 3% per annum: ₹5,00,000 × 3% × (4/12) = ₹5,000 extra for the department's delay.
A relatable story. Meera, a freelance designer, filed late — on 20 December instead of the due date. Her ₹15,000 TDS refund attracted interest only from 20 December, not from 1 April, so she lost nearly eight months of interest (about ₹600). Her friend Anjali, who filed on time, got interest from 1 April on a similar refund. Same refund amount, but Anjali earned more interest purely because she filed on time — a small habit that quietly paid off.
| Source of refund | Interest start date | Interest end date | Rate |
|---|
| Excess TDS / TCS / advance tax — return filed on time | 1st April of the year following the tax year | Date refund is granted | 0.5% per month (~6% p.a.) |
| Excess TDS / TCS / advance tax — return filed late | Date of filing the return | Date refund is granted | 0.5% per month (~6% p.a.) |
| Self-assessment tax / tax paid under Section 266 | Later of date of filing return or date of paying tax | Date refund is granted | 0.5% per month (~6% p.a.) |
| Any other case (e.g., excess paid against demand) | Date the tax was paid | Date refund is granted | 0.5% per month (~6% p.a.) |
| Delayed appeal / revision-effect refund (extra interest) | Day after expiry of the time allowed to grant refund | Date refund is actually granted | Additional 3% per annum |
| Refund less than 10% of tax determined under Section 270(1) | No interest payable | Nil |
Related sections
Section 244A (Act, 1961) — Predecessor provision on interest on refunds Section 270 — Assessment and determination of tax (basis for the 10% threshold) Section 266 — Tax paid on which refund interest is computed Section 431 — Refund of excess tax paid Section 433 — Person entitled to claim refund Section 438 — Withholding / adjustment of refunds
Frequently asked questions
What is the rate of interest on income tax refunds under Section 437?
Simple interest at 0.5% for every month or part of a month, which is approximately 6% per annum. It is calculated only on the refund principal, not compounded.
Is the interest I receive on my refund taxable?
Yes. While the refund of your own tax is not taxable, the interest paid under Section 437 is taxable as 'Income from Other Sources' in the year you receive it, and should be declared in your return.
Why did I get less interest than expected on my refund?
Common reasons are late filing of your return (interest then runs only from the filing date, not from 1st April), delay attributable to you such as wrong bank details, or the refund being below the 10% threshold so no interest is payable at all.
Does filing my return late reduce my refund interest?
Yes. For refunds of TDS, TCS or advance tax, if you file after the due date, interest runs only from your filing date instead of from 1st April, so you lose several months of interest.
When is no interest payable on a refund?
No interest is payable if the refund amount is less than 10% of the tax determined under Section 270(1), or for periods of delay caused by reasons attributable to you or the deductor.
What is the extra 3% interest under Section 437?
If a refund arises from an appeal or other order and the department fails to pay it within the allowed time, you are entitled to additional interest at 3% per annum from the expiry of that time limit until the refund is actually granted.
Do I have to separately apply to receive interest on my refund?
No. The department is required to compute and pay the interest automatically along with your refund. You should verify from the intimation that it has actually been paid.
C
CA Rajat Agrawal
Chartered Accountant, EaseValue · Reviewed 05 Jul 2026
This explainer is prepared and reviewed by EaseValue's tax team, based on the text of the Income-tax Act, 2025 (as amended by the Finance Act, 2026).
Disclaimer: This page explains the law in general terms for education and is not professional advice. The Income-tax Act, 2025 takes effect from 1 April 2026; provisions, thresholds and interpretations may change. Please confirm your specific position with our team before acting.
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