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Home » Income Tax » Late Fee for Not Filing Income Tax Return in India (₹1,000 / ₹5,000 Rule Explained)

Late Fee for Not Filing Income Tax Return in India (₹1,000 / ₹5,000 Rule Explained)

Updated on: March 25, 2026 by CA Bigyan Kumar Mishra

Filing your Income Tax Return (ITR) on time is one of the most basic responsibilities in personal finance. Many people delay it thinking they can do it later without much impact. But the law clearly charges a late fee if you miss the due date.

Under Section 428 of the Income Tax Act, 2025, if you do not file your income tax return within the prescribed time, you have to pay a fixed fee. Let’s understand this in a simple way so you know exactly how much you may have to pay and why it matters.

What Happens If You File ITR Late

If you fail to file your return within the due date, you are required to pay a late filing fee. This fee is not based on the number of days like TDS late fee. Instead, it is a fixed amount depending on your income.

This means even if you delay by a few days or several months, the fee amount remains the same based on your income level.

How the Late Fee Amount is Decided

The amount of fee depends on your total income for that year. It is applicable when 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).

Here are the two simple cases:

  • If your income is up to ₹5,00,000, the late fee is ₹1,000.
  • If your income exceeds ₹5,00,000, the late fee is ₹5,000.

This makes it very clear that higher income taxpayers face a higher fixed fee if they delay filing.

Note: Notice something important here — the delay period does not change the fee. Whether you file 5 days late or 2 months late, the fee remains the same based on your income.

Example

Let’s say your total income is ₹4,50,000 and you file your return after the due date. In this case, your late fee will be ₹1,000.

Now suppose your income is ₹8,00,000 and you miss the due date. Then you will have to pay ₹5,000 as a late fee.

Why This Fee is Charged

The government wants taxpayers to file returns on time so that income reporting and tax collection remain smooth and accurate.

When returns are delayed, it affects tax processing, refunds, and overall compliance tracking. This fee acts as a simple push to encourage timely filing.

Common Misunderstandings You Should Avoid

Many people believe that if they have no tax to pay, they can delay filing without any issue. This is not correct. Even if your tax liability is zero, you may still have to pay the late fee if you file after the due date.

Another common mistake is assuming the fee increases daily like TDS Return filing late fees. In reality, this is a fixed fee based on your income, not on delay duration.

Some people also ignore filing completely, thinking small income doesn’t matter. But if you are required to file, this fee can still apply.

Conclusion

The late fee for not filing your Income Tax Return is simple and fixed. If your income is up to ₹5 lakh, the fee is up to ₹1,000. If your income is higher, the fee becomes ₹5,000.

The key takeaway for you is very practical — always file your ITR on time, even if you have no tax to pay. This avoids unnecessary fees and keeps your financial records clean and stress-free.

Also Read: Income Tax Slabs & Rates FY 2025–26 (AY 2026–27): Old vs New Regime Explained

Late Fee for Delayed ITR Filing

TopicKey Point
Late Filing RuleLate fee applies 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)
If Income ≤ ₹5,00,000Late fee: ₹1,000
If Income > ₹5,00,000Late fee: ₹5,000

Filed Under: Income Tax

About the Author

CA. Bigyan Kumar Mishra is a fellow member of the Institute of Chartered Accountants of India. He writes about personal finance, income tax, goods and services tax (GST), company law, and related topics, sharing simplified guides on business law, GST, and taxation in India.

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