ITR Late Fee — Section 234F Late Filing Fee for Income Tax Return
Updated: 3 June 2026 | Income-tax Act, 2025 | Section 234F
After 31 December, you cannot file a belated return. Only the Updated Return (ITR-U) with additional 25%–50% tax is available for up to 2 years from the AY end.
Section 234F Late Fee Structure — FY 2025-26 (AY 2026-27)
| Total Income | Filing Status | Section 234F Fee | Section 234A Interest |
|---|---|---|---|
| Any amount | Filed on or before due date (31 July) | Nil | Nil |
| > ₹5 lakh | Belated return (after 31 July, by 31 Dec) | ₹5,000 | 1% per month on tax payable |
| ₹2.5L – ₹5L (old) / ₹3L – ₹5L (new) | Belated return (after 31 July, by 31 Dec) | ₹1,000 | 1% per month on tax payable |
| ≤ ₹2.5L (old) / ≤ ₹3L (new) | Any (income below basic exemption) | Nil | Nil |
Note: Basic exemption limit is ₹3 lakh under new tax regime and ₹2.5 lakh under old regime. The ₹5L threshold for Section 234F is fixed at ₹5 lakh regardless of regime or deductions claimed.
Section 234F (Late Fee) vs Section 234A (Interest) — Key Differences
These are two separate charges. Many taxpayers pay one thinking they’ve covered both. Understand the difference:
| Parameter | Section 234F — Late Fee | Section 234A — Interest |
|---|---|---|
| Nature | Flat fee (one-time) | Interest (monthly, cumulative) |
| Trigger | Filing ITR after the due date | Tax payable outstanding after due date |
| Rate / Amount | ₹5,000 or ₹1,000 (fixed) | 1% per month on outstanding tax due |
| Applies if nil tax due? | Yes (if income > basic exemption limit) | No — only if tax is payable |
| Can be waived? | No — mandatory statutory fee | No — mandatory statutory interest |
| Both apply together? | Yes — both apply if you file late AND have tax payable | |
Missed 31 December? File Updated Return (ITR-U) Under Section 139(8A)
After the belated return deadline of 31 December, only an Updated Return (ITR-U) under Section 139(8A) is available. Key points:
- Available within 2 years from the end of the relevant Assessment Year (extended to 4 years for AY 2025-26 onwards per Budget 2025).
- Additional tax: 25% of (tax + interest) if filed within 1 year from AY end; 50% if filed in the 2nd year.
- Section 234F late fee (₹5,000 or ₹1,000) is also payable on top of the additional tax.
- ITR-U cannot be used to claim a refund or reduce previously assessed tax.
- ITR-U is not allowed if any search/seizure or assessment proceedings are pending against you.
| AY | ITR-U with 25% extra (within 1 yr of AY end) | ITR-U with 50% extra (within 2 yr of AY end) |
|---|---|---|
| AY 2024-25 | Up to 31 March 2026 | Up to 31 March 2027 |
| AY 2025-26 | Up to 31 March 2027 | Up to 31 March 2028 (or 31 Mar 2030 if 4-yr window applies) |
Consequences of Not Filing ITR at All
- Section 234F late fee: ₹5,000 or ₹1,000 when you eventually file.
- Section 234A interest: 1% per month on any tax payable, accruing from the due date.
- Loss carry-forward forfeited: Capital losses, business losses cannot be carried forward if ITR is not filed by the original due date.
- Refund forfeited: Excess TDS/advance tax cannot be claimed if you miss the filing window.
- Notice under Section 142(1) / 148: IT Department may issue notices for non-filing.
- Prosecution under Section 276CC: Wilful non-filing (tax > ₹25,000) can lead to rigorous imprisonment of 3 months to 2 years; if tax > ₹25 lakh, imprisonment 6 months to 7 years.
- Visa / loan rejections: Most banks and visa authorities require 3 years of ITR acknowledgements.
Frequently Asked Questions
Related Pages
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