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Section 234F of the Income-tax Act, 1961: now section 428

Old section 234F (Fee for default in furnishing return of income.) corresponds to section 428 of the Income-tax Act, 2025, according to the Income Tax Department’s navigator. Checked against the Act: the new section is about the same subject.

The first words of the new section

428. 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.…

Quoted from the Act as published in the Gazette, only to show which section it is.

What the sources say

The Act's section 428 sets the fee for filing the return late: up to ₹1,000 where total income is not more than ₹5,00,000 and ₹5,000 otherwise (text read from the Act). The CBDT's FAQs (Q3.8) state the same for the old Act's 234F.

Which Act applies

The 2025 Act came into force on 1 April 2026 (its section 1(3)). Income of FY 2025-26 and earlier is dealt with under the 1961 Act (the Act’s section 536 and the CBDT’s transition FAQs, Q1.7 and Q1.12), so for those years the old section number is still the one that applies. For tax year 2026-27 onwards use the new number.

Common questions

What is old section 234F called in the new Act?

section 428 (navigator row: Fee for default in furnishing return of income.). checked against the Act: the new section is about the same subject

Does the 1961 section still apply?

For tax years that began before 1 April 2026 the 1961 Act continues to apply (section 536 of the 2025 Act; CBDT FAQs Q1.7 and Q1.12). Under the 2025 Act the new section applies from tax year 2026-27.

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Sources

Read on 13 November 2026. The Income-tax Act, 2025 came into force on 1 April 2026 (section 1(3)); the 1961 Act continues to apply to tax years before that (section 536 and the CBDT's FAQs). The mapping comes from the department's navigator, which was drawn up for the Bill, and each new number was checked against the enacted Act; rows that could not be checked are marked. This site is independent and not connected with the Income Tax Department; it is a reading aid, not tax advice.