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Your Money, India's Vault: How to Get Your TDS Refund

TL;DR

File the current year at the treaty rate with a TRC and Form 41 (formerly Form 10F). Older years use Section 119(2)(b). Circular 11/2024 gives five assessment years and no Section 244A interest on a condoned refund.

By , Founder

Reviewed by Preetesh Maloo, Chartered Accountant, NRI Tax Partner

Updated 2026-10-16 9 min read ICAI-registered CAs

Two paths to your refund

Path 1, Current year via -2. File at the treaty rate ( / / as applicable), attach the and acknowledgement number. The Section 143(1) intimation refunds the gap between the deducted rate and the treaty rate. turnaround: 3-6 months from e-verification.


Path 2, Past 5 Assessment Years via . Circular 11/2024 (effective 1 October 2024) sets the window at 5 years from the end of the relevant AY. No interest is paid on a condoned claim (CBDT Circular 11/2024). PCIT order typically 3-6 months, refund credited 4-6 weeks after that.


For an with 5+ years of unclaimed , the Path 2 number is usually larger than the current-year saving. A ₹40k/year gap × 5 AYs = ₹2 lakh recoverable, principal only (no interest on a condoned claim), on top of the ₹40k current-year claim.

Common mistakes

Two recovery paths: most NRIs only know Path 1

If you've been an NRI for 5+ years and never claimed DTAA, Path 2 is almost always the bigger number.

Path 1

Current year ITR refund

File with rates. Attach + . Refund credits in 3-6 months.

Path 2

Past 5 AY condonation

lets you go back 5 Assessment Years ( Circular 11/2024). Principal only, though: that circular makes it a condition that no interest is admissible on a belated refund claim.

Step-by-step for current year refund

1. Obtain the from the country-of-residence tax authority

2. File ( from 1 April 2026) on incometax.gov.in

3. Pull for the relevant AY

4. File -2. The form prescribed for non-resident individuals with investment income

5. Populate the income schedule with the gross amounts from 26AS

6. In the tax-computation schedule, override the default rate with the applicable treaty article rate

7. Reference the date and acknowledgement number in

8. e-Verify via Aadhaar OTP or


reconciles the deducted against the treaty rate and credits the excess to the -linked bank account via intimation.


The failure mode is rate selection. A US claiming the Singapore 15% cap, or a UK NRI applying the Article 11 sub-rate that only governs REIT-style property-vehicle dividends. Wrong article cited = reverts to the default and the refund evaporates.

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What to expect after filing

Week 1-2: acknowledged and processed

Month 1-2: Intimation under , shows the computed refund

Month 3-6: Refund credited to your bank account


You'll get SMS and email notifications at each stage. You can also track status on incometax.gov.in under “View Refund/Demand Status.”


If there's a mismatch between your claimed income and 26AS data, you might get a notice. Don't panic, respond with your and documentation. This usually resolves it.


For past-year claims, the timeline is longer (6-12 months) but the amounts are bigger because you're recovering multiple years at once, plus interest.

What happens after you file (current year)

SMS + email notifications at each stage. Track on incometax.gov.in under "View Refund/Demand Status".

  1. Week 1-2

    acknowledged and queued for processing.

  2. Month 1-2

    intimation arrives, shows the computed refund.

  3. Month 3-6Refund in

    Refund credits your -linked bank account.

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The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Condonation of delay window for refund and loss claims

Right now: 5 years from the end of the assessment year

Where it works differently

The claim arises from a court order
Different limitation applies. The period the matter was pending is generally excluded.
Para in Circular 11/2024.
Deciding authority
Tiered by claim amount across Principal Commissioner, Chief Commissioner and CBDT.
Circular 11/2024 monetary limits.

Commonly got wrong

  • The condonation window is six years. Circular 9/2015 was superseded on 1 October 2024.Five years, per Circular 11/2024.

Time to respond to a s.143(1) intimation

Right now: 30 days from the intimation to respond before the adjustment is confirmed

Where it works differently

The 30 days lapse with no reply
The proposed adjustment is made and a demand follows. The remedy shifts to rectification under s.154 or a first appeal.
First proviso to s.143(1)(a).
The taxpayer is abroad
Intimations arrive by email and on the portal only. A stale email on the PAN record is the single commonest reason an NRI misses this window.
Electronic service under s.282.

Commonly got wrong

  • An intimation is just information, nothing to do. It carries a 30-day window; ignoring it converts a proposal into a demand.A section 143(1) intimation gives you 30 days to respond. After that the adjustment stands and you are into rectification or appeal.