Section 234F · Fee for late filing of return
File late, pay a fixed fee — even if no tax is due.
- Default fee
- ₹5,000
- Small taxpayer fee
- ₹1,000 (income ≤ ₹5L)
- When
- Return filed after due date
- Nature
- Mandatory fee, not penalty
In plain English
Miss the ITR due date and the system automatically adds a late-filing fee: ₹5,000 in most cases, or ₹1,000 if your total income is up to ₹5 lakh. It's a fee, not a penalty — there's no notice, you just pay it while filing the belated return.
| Meaning | Number |
|---|---|
| Default fee | ₹5,000 |
| Small taxpayer fee | ₹1,000 (income ≤ ₹5L) |
When 234F applies (and when it doesn't)
- Return filed after 31 July / 31 October — Auto-levy of ₹5,000
- Total income ≤ ₹5,00,000 — Reduced fee of ₹1,000
- Income below basic exemption — No 234F fee (filing is optional)
- Updated return u/s 139(8A) — 234F still applies, plus extra tax
What this section covers
Section 234F imposes a fee for late filing of return — ₹5,000 in most cases and ₹1,000 where total income does not exceed ₹5,00,000. The fee is automatically computed by the ITR utility and must be paid before the belated/updated return can be filed. It applies in addition to interest u/s 234A on unpaid tax. The fee does not apply if the taxpayer was not required to file a return (income below the basic exemption). It is described in the statute as a 'fee', not a 'penalty', which means it cannot be waived merely on showing reasonable cause.
The legal text
“Without prejudice to the provisions of this Act, where a person required to furnish a return of income under section 139, fails to do so within the time prescribed in sub-section (1) of the said section, he shall pay, by way of a fee, a sum of… five thousand rupees…”
Old Act vs New Act
| Aspect | Act, 1961 | Act, 2025 |
|---|---|---|
| Section | 234F | 424 |
| Topic | Fee for late filing of return | |
| Verdict | Renumbered — amount retained | |
| Notes | Restated as Section 424 under the Income-tax Act, 2025. The two-slab fee (₹5,000 / ₹1,000) is retained. | |
Common confusion
234F is a FEE, not a penalty — the AO cannot waive it. It applies even if all your tax is already paid through TDS and no demand exists.
Who should know this
Related sections
Based on the official Income-tax Act, 1961 and the published Income-tax Act, 2025 as available on the Income Tax Department website. Always verify against the published Act and consult a qualified professional.