Section 428 of Income Tax Act 2025 (Old 234F): Late ITR Fee
Old Sec 234F = New Sec 428. Same fee: ₹5,000 late (₹1,000 if income ≤ ₹5L). No fee if filed by 31 July. Belated window closes 31 Dec.
- Late filing also kills loss carry-forward (except house property) and some choices.
- Missed 31 Dec? ITR-U (48 months) with graded extra tax is the last door.
Fee + interest stack (what late filing really costs)
- Income up to ₹5L? Fee drops to ₹1,000.
- Missed 31 Dec too? ITR-U (48 months) with graded extra tax is the last door.
The interest trio: 234A vs 234B vs 234C (one table)
| Interest | Triggers when… | Rate |
|---|---|---|
| 234A — filing delay | Return after 31 July with unpaid tax | 1%/month from Aug to filing |
| 234B — advance shortfall | Advance paid < 90% of total tax | 1%/month Apr–Mar |
| 234C — installment delay | 15/45/75/100% quarterly pattern missed | 1% × 3/3/3/1 months |
Notice the pattern: every delay has a price, and they stack. File in December with unpaid advance and you can pay 428 fee + 234A + 234B + 234C together. The cheapest tax plan in India remains embarrassingly simple: pay advance on time, file on 31 July, verify the same day.
By TaxSetu Editorial Team · Last reviewed: 7 October 2026
Based on the Income-tax Act 2025, Income Tax Rules 2026 and CBDT notifications; sections per the Income-tax Act 1961 (as amended) with 2025-Act mappings where notified · Verify on the official portal: incometax.gov.in
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Frequently Asked Questions
The new 234F: ₹5,000 late-filing fee (₹1,000 if income is up to ₹5L); zero if you file by 31 July.
31 December of the assessment year — then ITR-U (48 months) remains. All deadlines.
Yes — most losses can't be carried forward on a belated return (house-property loss is the exception).