Penalty List Under the Income Tax Act 2025: Complete Table of Penalties (Sections 441 to 468)
The Income Tax Act 2025 lists most of its procedural and reporting penalties in sections 441 to 468. Some are a fixed sum (Rs 10,000 for a PAN default under section 467), some run per day (Rs 1,000 a day under section 454, capped at Rs 1,00,000), and some equal the amount involved (the tax not deducted under section 448). This guide puts them in one place, as amended by the Finance Act, 2026 with effect from 1 April 2026.
Penalty for under-reporting or misreporting of income (section 439) and the related waiver provisions (sections 440 and 469) are separate topics and are not covered here. Every figure below is taken from the Act text, with the section number beside it so you can check it. Last reviewed on 10 November 2026.
How are penalties measured under the Income Tax Act 2025?
Each penalty in this range is measured in one of four ways. Knowing which one applies tells you how fast the exposure grows.
What is the complete list of penalties in sections 441 to 468?
The tables below group the sections by subject. "May impose" means the authority has discretion. "Shall" language appears in a few places and is noted. Who imposes the penalty is named only where it matters.
Books, records and false entries
| Section | Default | Penalty |
|---|---|---|
| 441 | Not keeping and maintaining books of account and documents as required by section 62 and the rules, or not retaining them for the period in the rules | Rs 25,000 |
| 444(1) | A false entry, or omission of an entry relevant to computing total income, in the books of any person, to evade tax | Equal to the aggregate amount of the false or omitted entry |
| 444(2) | Any other person who causes that false entry or omission | Equal to the aggregate amount of the false or omitted entry |
Transfer pricing and cross-border reporting
| Section | Default | Penalty |
|---|---|---|
| 442(1) | For an international or specified domestic transaction: not keeping information and documents required by section 171(1), not reporting the transaction, or keeping or furnishing incorrect information | 2% of the value of each such transaction |
| 442(2) | Not furnishing the information and document required under section 171(4) | Rs 5,00,000 |
| 457 | Not furnishing information or document required under section 171(2) for an international or specified domestic transaction | 2% of the value of the transaction, for each failure |
| 458 | An Indian concern not furnishing information or document under section 506 | (a) 2% of the transaction value where the transaction transferred, directly or indirectly, the right of management or control of the concern; (b) Rs 5,00,000 in any other case |
| 459(1) | A reporting entity under section 511 not furnishing the required report | (a) Rs 5,000 a day if the failure does not exceed one month; (b) Rs 15,000 a day for every day beyond one month |
| 459(2) | Not producing information and documents within the period under section 511(7) | Rs 5,000 a day from the day after the period expires |
| 459(3) | The failure continues after a penalty order under 459(1) or (2) is served | Rs 50,000 a day from the date of service of the order |
| 459(4) | Inaccurate information in the section 511 report, in the three situations set out in 459(4)(a) to (c) | Rs 5,00,000 |
TDS and TCS
| Section | Default | Penalty |
|---|---|---|
| 448 | Not deducting the whole or part of tax required under Chapter XIX-B, or not paying (or ensuring payment of) tax as required by Note 2 below the Table in section 393(3) or Note 6 to section 393(1) (Table Sl. No. 8) | Equal to the tax not deducted or paid |
| 449 | Not collecting the whole or part of tax required under Chapter XIX-B | Equal to the tax not collected |
| 461(1) | Not delivering the statement under section 397(3)(b) on time, or furnishing incorrect information in it | Not less than Rs 10,000, up to Rs 1,00,000 |
| 462 | Not furnishing information under section 397(3)(d), or furnishing inaccurate information | Rs 1,00,000 |
| 468(1) | Not complying with section 397 | Rs 10,000 |
| 468(2) | Quoting a TAN in challans, certificates, statements or documents under section 397(1)(b) that is false, knowing or believing it to be false or not true | Rs 10,000 |
Loans, deposits and payments
| Section | Default | Penalty |
|---|---|---|
| 450 | Taking or accepting a loan, deposit or specified sum in contravention of section 185 | Equal to the amount so taken or accepted |
| 451 | Receiving a sum in contravention of section 186 | Equal to the sum received |
| 452 | Not providing the facility to accept payments through the prescribed electronic modes, as referred to in section 187 | Rs 5,000 for every day of the failure |
| 453 | Repaying a loan, deposit or specified advance otherwise than as section 188 allows | Equal to the amount repaid |
Statements of financial transactions and crypto-assets
| Section | Default | Penalty |
|---|---|---|
| 446(1) | Not furnishing the crypto-asset transaction statement under section 509(1) on time | Rs 200 for every day the failure continues |
| 446(2) | Inaccurate information in that statement not corrected as section 509(4) requires, or not complying with the due diligence requirement of section 509(5) | Rs 50,000 |
| 454 | Not furnishing a statement of financial transaction or reportable account under section 508(1) within the period given in a notice under section 508(7) | Rs 1,000 a day from the day after the notice period ends, not exceeding Rs 1,00,000 |
| 455(1) | Inaccurate information in the section 508 statement and not furnishing correct information within the period under section 508(8), or not complying with the due diligence requirement of section 508(9) | Rs 50,000 |
| 455(2) | A reporting financial institution (section 508(1)(k)) furnishes an inaccurate statement because the account holder gave false or inaccurate information | In addition, Rs 5,000 for every inaccurate reportable account |
| 460 | Not furnishing the statement under section 505 within the prescribed period | (a) Rs 1,000 a day if the failure does not exceed three months; (b) Rs 1,00,000 in any other case |
| 456 | An eligible investment fund not furnishing a statement, information or document under paragraph 4 of Schedule I on time | Rs 5,00,000 |
Charities and non-profits
| Section | Default | Penalty |
|---|---|---|
| 445(a) | A registered non-profit organisation with specified income chargeable under section 337 (Table Sl. No. 2) applies income for the benefit of a related person referred to in section 355(h); first time noticed in a tax year | A sum equal to the income so applied |
| 445(b) | The same violation noticed again in a later tax year | 200% of the income so applied |
| 464 | A research association, university, college or other institution not delivering documents under section 45(4)(a); or an institution or fund not delivering a statement within the time under section 354(1)(e) or not furnishing a certificate under section 354(1)(g) | Not less than Rs 10,000, up to Rs 1,00,000 |
Reports, PAN and Aadhaar
| Section | Default | Penalty |
|---|---|---|
| 463 | An accountant, merchant banker or registered valuer gives incorrect information in a report or certificate under the Act or rules | Rs 10,000 for each report or certificate |
| 466 | Not complying with section 254 | Up to Rs 25,000 |
| 467(1) | Not complying with section 262 | Rs 10,000 |
| 467(2) | Quoting a false PAN or Aadhaar number in a document referred to in section 262(9)(a), knowing or believing it to be false | Rs 10,000 for each default |
| 467(3) | Not quoting or authenticating PAN or Aadhaar in a document referred to in section 262(9)(a) | Rs 10,000 for each default |
| 467(4) | A person under section 262(9)(b), responsible for correct quoting or authentication, fails to ensure it | Rs 10,000 for each default |
What does section 465 penalise?
Section 465 is the catch-all for non-cooperation and missed filings. It has two levels.
Rs 10,000 for each default (section 465(1)) if a person:
- refuses to answer a question put by an income-tax authority when legally bound to state the truth;
- refuses to sign a statement the authority may legally require them to sign;
- does not attend, or does not produce books or documents, after a summons under section 246(1); or
- does not comply with a notice under section 268(1) or 270(8), or a direction under section 268(5).
Rs 500 for every day the failure continues (section 465(2)) if a person fails to:
- comply with a notice under section 175(7);
- give notice of discontinuance of business or profession under section 320(3);
- furnish in due time returns, statements or particulars mentioned in section 252, 397(3) or 507;
- allow inspection of a register under section 255 or copies of its entries;
- furnish the return of income as section 263(1)(a)(iii) or (iv) requires, or within the time and manner in section 263(1) and (2);
- deliver in due time a copy of the declaration under section 393(7) or 394(3);
- furnish a certificate under section 395(4), deduct and pay tax under section 416(3), or furnish a statement under section 392(5)(a); or
- deliver the statements in section 397(3)(b), (e) or (g)(i) within the time specified or prescribed.
For the declaration under section 393(7), the certificate under section 395(4) and the statements under section 397(3)(b) or (e), the penalty cannot exceed the tax deductible or collectible (section 465(3)).
Section 465(4) says who imposes it. Broadly, it is the Joint Director or Joint Commissioner, the income-tax authority that issued the notice (for the 465(1)(d) cases), the Commissioner-level authorities for a missed declaration copy under 393(7), and an authority not below Joint Director or Joint Commissioner when the default occurs in a proceeding before it.
Which late-filing and audit defaults are a fee, not a penalty?
Late return, late audit report and missing accountant's report are not in the 441 to 468 range. Section 428 charges them as a "fee", without prejudice to other provisions of the Act.
| Section 428 | Default | Fee |
|---|---|---|
| (a) | Not furnishing the return under section 263 by the due date in section 263(1) | Rs 1,000 if total income is up to Rs 5,00,000; Rs 5,000 otherwise |
| (b) | Furnishing a return under section 263(5) beyond nine months from the end of the tax year | Same: Rs 1,000 or Rs 5,000 |
| (c) | Not getting accounts audited and furnishing the report under section 63 | Rs 75,000 for a delay up to one month; Rs 1,50,000 after that |
| (d) | Not furnishing the accountant's report under section 172 | Rs 50,000 for a delay up to one month; Rs 1,00,000 after that |
Can a penalty be avoided for reasonable cause, and how long does the department have?
Section 470 says no penalty is imposed under most sections in this list if the person proves there was a reasonable cause for the failure. It names sections 441, 442, 446, 448 to 463, 465(1)(c), 465(1)(d), 465(2), 466, 467 and 468. It does not name 444, 445, 464 or the other parts of 465(1), so do not assume the defence is available there.
Under section 471, a penalty order needs a hearing by show-cause notice, and prior Joint Commissioner approval where the penalty exceeds Rs 10,000 (Income-tax Officer) or Rs 20,000 (Assistant or Deputy Commissioner). Section 472(1) bars an order after six months from the end of the quarter in which the relevant proceedings are completed or, in other cases, the penalty notice is issued. Details are in our guide to penalty procedure and limitation.
What changed from 1 April 2026?
| Section | Change by Finance Act, 2026 (Act No. 4 of 2026) |
|---|---|
| 443 | Omitted. It had provided a penalty of 10% of tax payable under section 195(1)(i) on certain income referred to in sections 102 to 106. |
| 446 | Substituted. It earlier dealt with failure to get accounts audited (the lesser of 0.5% of turnover or gross receipts, and Rs 1,50,000). It now covers crypto-asset statement defaults. An audit default now attracts the section 428(c) fee instead. |
| 447 | Omitted. It had provided Rs 1,00,000 for not furnishing an accountant's report under section 172. |
| 454 | Substituted. The earlier text had Rs 500 a day for a late statement and Rs 1,000 a day after a notice. Now the Rs 1,000 a day applies only after the notice period, with a cap of Rs 1,00,000. |
| 466 | Maximum raised from Rs 1,000 to Rs 25,000. |
| 467 | Now covers sections 262 and 397 in its heading. The Act text for this section deals with section 262 only; section 397 has its own penalty in section 468. |
How is a per-day penalty calculated? Worked examples
All examples use tax year 2026-27 and assume the penalty is imposed at the full stated rate. In practice the authority has discretion where the section says "may".
Example 1: Section 454, capped per-day penalty. A bank branch received a notice under section 508(7) asking it to furnish a statement of financial transaction within 30 days. It furnished the statement 40 days after the notice period ended.
| Step | Working |
|---|---|
| Days of continuing failure after the notice period | 40 |
| Rate | Rs 1,000 a day |
| Penalty | 40 x Rs 1,000 = Rs 40,000 |
| Cap check | Rs 40,000 is below Rs 1,00,000, so the cap does not bite. It would bite from day 100. |
Example 2: Section 465(2), failure to give notice of discontinuance. Meena closed her consultancy and did not give the Assessing Officer the notice of discontinuance that section 320(3) requires within fifteen days of discontinuing. She filed it 22 days after that deadline.
| Step | Working |
|---|---|
| Rate | Rs 500 for every day |
| Days of default (after the 15-day deadline) | 22 |
| Penalty | 22 x Rs 500 = Rs 11,000 |
How is a penalty equal to the tax or amount calculated?
Example 3: Section 448, tax not deducted. A company in tax year 2026-27 paid a vendor and should have deducted tax of Rs 45,000 under Chapter XIX-B. It deducted nothing.
| Step | Working |
|---|---|
| Tax required to be deducted | Rs 45,000 |
| Tax actually deducted | Nil |
| Penalty under section 448 | Equal to the tax not deducted = Rs 45,000 |
If the company had deducted Rs 30,000 of the Rs 45,000, the penalty is on the part not deducted: Rs 15,000.
Example 4: Section 442(1), 2% of transaction value. A company entered into an international transaction of Rs 3,00,00,000 in tax year 2026-27 and did not keep the documents required by section 171(1).
| Step | Working |
|---|---|
| Value of the transaction | Rs 3,00,00,000 |
| Rate | 2% |
| Penalty | Rs 3,00,00,000 x 2% = Rs 6,00,000 |
If the company entered into two such transactions and failed on both, the 2% applies to each transaction's value.
Example 5: Section 445, repeat violation by a non-profit. A registered non-profit organisation, with income chargeable under section 337 (Table Sl. No. 2), applied Rs 4,00,000 for the benefit of a related person in one tax year. The next year the violation was noticed again, with Rs 1,50,000 applied.
| Year | Rule | Penalty |
|---|---|---|
| First noticed | Section 445(a): equal to the income applied | Rs 4,00,000 |
| Noticed again | Section 445(b): 200% of the income applied | Rs 1,50,000 x 200% = Rs 3,00,000 |
Real-life scenarios
Ravi and the missing PAN. Ravi entered into transactions for which the rules require a PAN or Aadhaar number to be quoted and authenticated in the documents (section 262(9)(a)), and left it out of three documents. Under section 467(3), failing to quote or authenticate it can draw Rs 10,000 for each such default. For three documents, that is Rs 30,000. If instead Ravi had quoted a number he knew was false, section 467(2) applies at the same Rs 10,000 for each default.
Meena's supplier invoices. During an assessment, the officer found that Meena's books carried invoices from a supplier who did not exist, for Rs 8,00,000 in total. Section 444(3)(c) treats an invoice to or from a person who does not exist as a "false entry". The penalty under section 444(1) equals the aggregate false entries: Rs 8,00,000. A consultant who arranged the entries could face the same amount under section 444(2).
A small partnership that lost its ledgers. A partnership did not retain its books for the period the rules prescribe. Section 441 allows Rs 25,000 for failing to keep or retain them. The facts to check are the books and documents section 62 and the rules require for that tax year.
A distributor that never set up digital payments. A distributor with a turnover of Rs 60 crore in the previous tax year offered no prescribed electronic payment mode. Section 187 applies to businesses whose turnover exceeded Rs 50 crore in the immediately preceding tax year, and section 452 provides Rs 5,000 for every day the failure lasts. Over 10 days that adds up to Rs 50,000.
Are there situations where a penalty is not imposed?
Section 461(2) gives relief for a late or missed statement under section 461(1)(a). No penalty is levied for the delay or non-filing if the person proves two things:
- the tax deducted or collected, along with the fee and any interest, was paid to the credit of the Central Government; and
- the statement was delivered before the expiry of one month from the time prescribed in section 397(3)(b).
This relief covers section 461(1)(a) only. It does not cover furnishing incorrect information under 461(1)(b).
Section 465(3) also caps the penalty at the tax deductible or collectible for missed declarations, certificates and statements of the kind listed there.
What are the common mistakes with these penalties?
- Treating section 443, 446 (audit) and 447 as live penalties. Old checklists still list them. From 1 April 2026, 443 and 447 are omitted and 446 now deals with crypto-assets.
- Assuming every per-day penalty has a cap. Only section 454 states a Rs 1,00,000 ceiling. Sections 452, 465(2) and 460(a) state a daily amount and, in the text of those sections, no overall cap (460 moves to Rs 1,00,000 for longer failures).
- Ignoring the one-month window on TDS statements. Section 461(2) protects only if the tax, fee and interest are paid and the statement is delivered within one month of the due time.
- Confusing section 467 with section 468. PAN and Aadhaar defaults sit in 467. TAN defaults sit in 468.
- Missing that a helper can be penalised too. Section 444(2) reaches any person who causes a false or omitted entry, not only the person whose books were affected.
- Reading "may impose" as automatic. Sections like 441, 448 and 454 give the authority a discretion. Respond to the notice and put the reasons on record.
Quick reference: amounts at a glance
| Penalty amount | Sections |
|---|---|
| Rs 200 a day | 446(1) |
| Rs 500 a day | 465(2) |
| Rs 1,000 a day (capped at Rs 1,00,000) | 454 |
| Rs 1,000 a day (up to 3 months), then Rs 1,00,000 | 460 |
| Rs 5,000 a day | 452, 459(1)(a), 459(2) |
| Rs 15,000 a day beyond one month | 459(1)(b) |
| Rs 50,000 a day after a penalty order | 459(3) |
| Rs 10,000 (fixed or per default) | 463, 465(1), 467, 468 |
| Rs 5,000 per inaccurate reportable account (in addition) | 455(2) |
| Rs 10,000 to Rs 1,00,000 | 461(1), 464 |
| Up to Rs 25,000 | 466 |
| Rs 25,000 | 441 |
| Rs 50,000 | 446(2), 455(1) |
| Rs 1,00,000 | 462 |
| Rs 5,00,000 | 442(2), 456, 458(b), 459(4) |
| 2% of transaction value | 442(1), 457, 458(a) |
| Equal to the amount involved | 444, 445(a), 448, 449, 450, 451, 453 |
| 200% of the income applied | 445(b) |
Where is this in the Act?
- Books of account: section 441 (with section 62); false entries: section 444
- Transfer pricing: sections 442, 457 (with section 171); section 458 (with section 506); section 459 (with section 511)
- TDS and TCS: sections 448, 449, 461, 462, 468 (with sections 393 and 397)
- Loans, deposits, payments: sections 450 to 453 (with sections 185 to 188)
- Financial transaction statements: sections 454, 455 (with section 508); crypto-assets: section 446 (with section 509); section 460 (with section 505); section 456 (Schedule I, paragraph 4)
- Non-profits: sections 445, 464 (with sections 337, 355, 45 and 354)
- Reports and certificates: section 463; PAN and Aadhaar: section 467 (with section 262); section 466 (with section 254)
- General non-cooperation and missed filings: section 465
How can CA firms keep track of these exposures?
Most of the penalties above start with a missed date or a missing document. Finexo's practice management software tracks deadlines and document requests across your client book and reminds you and your clients before the date passes. It does not decide whether a penalty applies or compute it for you. For a deductor-side view, see our guide to TDS on rent under the Income Tax Act 2025.
This article explains the Income Tax Act 2025 as amended by the Finance Act, 2026. It is general information, not tax advice. Whether a penalty is imposed depends on the facts, the notice issued and the authority's order. Confirm the position for a specific case with a qualified chartered accountant.
Frequently Asked Questions
What is the penalty for not deducting TDS under the Income Tax Act 2025?
Section 448 allows the Assessing Officer to impose a penalty equal to the tax that was not deducted, or not paid or ensured to be paid where the Act requires it. Section 449 does the same for tax not collected at source.
What is the penalty for failing to file a TDS statement on time?
Section 461(1) provides a penalty of not less than Rs 10,000 and up to Rs 1,00,000 for a late statement under section 397(3)(b) or incorrect information in it. Section 461(2) removes the penalty for delay if tax, fee and interest are paid and the statement is delivered within one month of the prescribed time.
Is there still a penalty for not getting accounts audited?
Section 446, which carried that penalty, was substituted by the Finance Act, 2026 from 1 April 2026 and now deals with crypto-asset statements. An audit default is charged as a fee under section 428(c): Rs 75,000 for a delay up to one month, Rs 1,50,000 after that.
What is the penalty for not quoting PAN or Aadhaar?
Section 467(3) provides Rs 10,000 for each default in failing to quote or authenticate PAN or Aadhaar in a document referred to in section 262(9)(a). Section 467(2) gives the same amount for quoting a number known to be false.
What is the maximum per-day penalty under sections 441 to 468?
Section 459(3) allows Rs 50,000 a day for a reporting entity that keeps defaulting after a penalty order is served. Most other per-day penalties range from Rs 200 to Rs 15,000 a day.
Can a penalty be waived for reasonable cause?
Section 470 bars a penalty under most sections in this list (for example 441, 448 to 463 and 465(2)) if the person proves reasonable cause for the failure. Sections 444, 445 and 464 are not named in it.
Which penalties changed from 1 April 2026?
Sections 443 and 447 were omitted, section 446 was substituted, section 454 was recast with a Rs 1,00,000 cap, and the section 466 maximum rose from Rs 1,000 to Rs 25,000.