Section 428
Section 428: fee for default in furnishing return of income, audited accounts and reports
Section 428 groups together four separate late-fee defaults - late filing of the return under Section 263, a belated return filed more than nine months after the tax year ends, failure to get accounts audited under Section 63, and failure to furnish an accountant's report under Section 172 - each with its own fee amount.
This explanation is AI-assisted and pending review by our CA/CS team. It is general information, not professional advice - always cross-check against the bare law text above or talk to our tax team for guidance specific to your situation.
Fee for late filing of return of income
"Without prejudice to the provisions of this Act, where any person-- (a) required to furnish a return of income under section 263, fails to do so within the due date, as specified under sub-section (1) of the said section, he shall be liable to pay by way of fee-- (i) a sum of ₹1000, if the total income of such person does not exceed ₹500000; and (ii) a sum of ₹5000, in any other case."
Fee for a return filed beyond nine months of the tax year end
"(b) furnishes a return of income under section 263(5) beyond nine months from the end of relevant tax year, he shall be liable to pay by way of fee-- (i) a sum of ₹1000, if the total income of such person does not exceed ₹500000; and (ii) a sum of ₹5000, in any other case."
Fee for failing to get accounts audited under Section 63
"(c) fails to get his accounts audited for any tax year or years and furnish the report of such audit as required under section 63, he shall be liable to pay by way of fee-- (i) a sum of ₹75000 for a delay up to one month for which such failure continues; and (ii) a sum of ₹150000 thereafter."
Fee for failing to furnish an accountant's report under Section 172
"(d) fails to furnish a report from an accountant as required by section 172, he shall be liable to pay by way of fee-- (i) a sum of ₹50000 for a delay up to one month for which such failure continues; and (ii) a sum of ₹100000 thereafter."
Fee summary
| Default | Fee if total income ≤ ₹5,00,000 / delay ≤ 1 month | Fee otherwise |
|---|---|---|
| Return under Section 263 not filed by the due date under Section 263(1) | ₹1,000 | ₹5,000 |
| Return under Section 263(5) filed beyond nine months from end of the tax year | ₹1,000 | ₹5,000 |
| Accounts not audited / audit report under Section 63 not furnished | ₹75,000 (delay up to one month) | ₹1,50,000 (thereafter) |
| Accountant's report under Section 172 not furnished | ₹50,000 (delay up to one month) | ₹1,00,000 (thereafter) |
Frequently asked questions
What is the late fee for missing the return filing due date under Section 428?
₹1,000 if total income does not exceed ₹5,00,000, and ₹5,000 in any other case, for failing to file the Section 263 return by the due date under Section 263(1).
Does a belated return filed very late attract a different fee?
Yes - a return filed under Section 263(5) beyond nine months from the end of the relevant tax year attracts the same ₹1,000/₹5,000 fee structure, based on the total income threshold of ₹5,00,000.
What is the fee for not getting accounts audited under Section 63?
₹75,000 for a delay of up to one month, and ₹1,50,000 thereafter, for failing to get accounts audited for any tax year and furnish the audit report as required under Section 63.
What is the fee for not furnishing an accountant's report under Section 172?
₹50,000 for a delay of up to one month, and ₹1,00,000 thereafter.
Related sections
Want this applied to your actual filing, not just explained?
Calculate your late fee for return, audit or accountant's report delayLast updated 9 September 2026