Late Fee and InterestFee for filing the return late
Section 428 of the Income-tax Act, 2025 charges a fee when a return required under section 263 is not filed by the due date: up to ₹1,000 for a total income of not more than ₹5,00,000, and ₹5,000 otherwise.
The rule
- Total income up to ₹5,00,000: a sum not exceeding ₹1,000.
- Any other case: ₹5,000.
- The fee is "without prejudice to" other provisions, so interest under section 423 can be charged as well.
The Act says "not exceeding" ₹1,000 in the first case, so the amount in a particular case can be lower; the calculator shows the ceiling. For the due dates see due dates of the return.
Common questions
What is the fee for filing the income tax return late?
Section 428: up to ₹1,000 if the total income is not more than ₹5,00,000, and ₹5,000 in any other case.
Is this a fee or a penalty?
The Act calls it a fee for default in furnishing the return of income, charged without prejudice to the other provisions, so interest may also apply.
Sources
- The Income-tax Act, 2025 (Act No. 30 of 2025), as published in the Gazette of India, Extraordinary (egazette.gov.in), read from the PDF on 13 November 2026. Sections used: 263(1)(c) (due dates), 398(3)(a) (late TDS and TCS interest), 423 (late return interest), 424 (advance tax default), 425 (advance tax deferment), 426 (excess refund), 427 (late statement fee), 428 (late return fee).
- Commencement and the repeal of the 1961 Act: section 1(3) (in force on 1 April 2026) and section 536 of the same Act, and the CBDT's "FAQs on Interplay and Transition to the Income-tax Act, 2025" (incometaxindia.gov.in), questions 1.12, 3.5 and 6.1, read on 13 November 2026.
- Counting months: sections 398(3)(a) and 424 say "every month or part of a month", and the CBDT's FAQs (Q on interest for defaults in deducting or depositing TDS and for advance tax, read 13 November 2026) say "per month or part thereof". The Act itself leaves "the rounding off of periods when a fraction of a month is involved" to the rules it empowers the Government to make (the list of rule-making powers, clause (u)); those Income-tax Rules were not read. This site therefore counts every started month, measured from the starting date (28 June to 2 July is one month; 10 January to 12 February is two), which matches "month or part thereof" but the rules may fix the starting-date convention differently. Section 423 itself says only "number of months comprised in the period", so its calculator also shows the whole-month count.
Rates and fees read on 13 November 2026 from the Income-tax Act, 2025 as published in the Gazette. Rules can be amended, and the portal or your assessing officer computes the final amount. This site does the arithmetic and is not tax advice; it is not connected with the Income Tax Department.