Section 428 — Fee for Default in Furnishing Statements | ITA 2025

Section 428 of the Income-tax Act, 2025 corresponds to s. 234 E of the Income-tax Act, 1961. STATUTORY ARCHITECTURE INR 200 per day for delay in filing TDS/TCS quarterly statements, capped at amount of TDS/TCS for that quarter. Mandatory;…

Section 428 — - FEE FOR DEFAULT IN FURNISHING STATEMENTS

Section 428 of the Income-tax Act, 2025 corresponds to s. 234E of the Income-tax Act, 1961.

Statutory text — Income-tax Act, 2025

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 ` 1000, if the total income of such person does not exceed ` 500000; and

(ii) a sum of ` 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 ` 1000, if the total income of such person does not exceed ` 500000; and

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

3. Substituted by the Finance Act, 2026, w.e.f. 1-4-2026. Prior to their substitution, sections 427 and 428 read as under : “427. Fee for default in furnishing statements.—(1) Without prejudice to the provisions of this Act, where a person fails to deliver or cause to be delivered a statement within the time prescribed in section 397(3)(b), he shall be liable to pay, by way of fee, a sum of ` 200 for every day during which the failure continues.

(2) The amount of fee referred to in sub-section (1) shall,—

(a) not exceed the amount of tax deductible or collectible; and

(b) be paid before delivering or causing to be delivered the statement, as per sub-section (1).

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 ` 1000, if the total income of such person does not exceed ` 500000;

(b) a sum of ` 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 ` 75000 for a delay up to one month for which such failure continues; and

(ii) a sum of ` 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 ` 50000 for a delay up to one month for which such failure continues; and

(ii) a sum of ` 100000 thereafter.] Fee for default relating to statement or certificate.

STATUTORY ARCHITECTURE

INR 200 per day for delay in filing TDS/TCS quarterly statements, capped at amount of TDS/TCS for that quarter. Mandatory; pay before filing.

PRACTITIONER PLANNING NOTES

Constitutional validity upheld in Rashmikant Kundalia v. UoI (2015) 373 ITR 268 (Bom).
Genuine hardship: only avenue is CBDT s. 119 circular relief; rare.

CROSS-REFERENCES

s. 423 / 424 / 425 / 426 -- interest framework.
s. 412 (default & demand).
s. 446-448 (penalty Chapter).

← All sections (537)Act 2025 hub

INCOME-TAX ACT, 2025	INCOME-TAX ACT, 1961
2025 provision	1961 counterpart
s. 428 -- Fee for Default in Furnishing Statements	s. 234E