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Case lawIncome-tax Act 2025Chapter XX › Section 433
Chapter XXwas s.239

Section 433 of the Income-tax Act, 2025

Section 433 — Form of claim for refund and limitation. Successor to s.239 of the 1961 Act.

Where this section sits

Section 433 is in Chapter XX — Refunds, which runs from section 431 to section 438.

← Section 432  ·  Section 434 →

What this section does

The section states a single rule: every claim for refund under this Chapter shall be made by furnishing a return as per section 263. There is no separate application, form or procedure for a refund claim under the Chapter, and the section prescribes no period of its own.

Why it is there

A refund is the mirror image of a demand, and it can only be worked out once the year's income and tax are computed. Channelling every claim into the return means the claim is made on the same verified computation as the liability, and it removes the possibility of a free-standing refund application outside that computation.

Who it applies to

What this means in practice

The form of the claim is the return, so anything that governs the furnishing of a return under section 263 governs the refund claim as well — the section itself fixes no separate limitation, and the timing question therefore becomes a section 263 question. A letter, an application or a representation to the Assessing Officer is not a claim for refund under this Chapter, however clearly it identifies the excess. The word used is "shall", so there is no alternative route left open by the section.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

An individual has had Rs. 40000 more deducted at source during the year than his liability for it. He cannot recover that by writing to the Assessing Officer or by producing the deduction certificates: the section requires the claim to be made by furnishing a return as per section 263, and until that return is furnished there is no claim for refund under the Chapter at all.

Where you meet this section

You meet this section whenever a refund is sought outside a return — it is the provision that says the return is the claim, and it is the answer to a request that the Department release an excess without one.

The words themselves

Every claim for refund under this Chapter shall be made by furnishing return as per section 263.
Section 433, Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Circulars of the Board on this section

A circular binds the department, not you and not a court. Every one below was written under the 1961 Act; it reaches this section because the department’s own concordance carries the provision it names to this one.

See the circulars index.

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 433. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Explainers

Read with

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.