§428

Section 428 — Fee for default in furnishing return of income, audited accounts and reports

Income-tax Act, 2025 (amended upto 2026) · Last amended: Finance Act, 2026, w.e.f. 01.04.2026

In plain terms: This is the old Section 234F – late-filing fee. If you fail to file your return by the due date under section 263(1), the fee is ₹1,000 if your total income is up to ₹5,00,000 and ₹5,000 in other cases. The same fees apply to a return furnished after nine months from the end of the tax year. Failing to get accounts audited and furnish the audit report attracts a separate fee starting at ₹75,000.

^[108][Without prejudice to the provisions of this Act, where any person--

(a) required to furnish a return of income under section 263, fails to do so within the due date, as specified under sub-section (1) of the said section, he shall be liable to pay by way of fee,--

(i) a sum of Rs. 1000, if the total income of such person does not exceed Rs. 500000; and

(ii) a sum of Rs. 5000, in any other case;

(b) furnishes a return of income under section 263(5) beyond nine months from the end of relevant tax year, he shall be liable to pay by way of fee,--

(i) a sum of Rs. 1000, if the total income of such person does not exceed Rs. 500000; and

(ii) a sum of Rs. 5000, in any other case;

(c) fails to get his accounts audited for any tax year or years and furnish the report of such audit as required under section 63, he shall be liable to pay by way of fee,--

(i) a sum of Rs. 75000 for a delay up to one month for which such failure continues; and

(ii) a sum of Rs. 150000 thereafter;

(d) fails to furnish a report from an accountant as required by section 172, he shall be liable to pay by way of fee,--

(i) a sum of Rs. 50000 for a delay up to one month for which such failure continues; and

(ii) a sum of Rs. 100000 thereafter.]

Amendment history

[108] Substituted by Finance Act, 2026, w.e.f. 01.04.2026, for the followings:- "428. Fee for default in furnishing return of income Without prejudice to the provisions of this Act, where, a person required to furnish a return of income under section 263 fails to do so within such time as may be prescribed in section 263(1), he shall pay, by way of a fee,-- (a) a sum not exceeding Rs. 1000, if the total income of such person does not exceed Rs. 500000; (b) a sum of Rs.5000, in any other case."