The Statutory Brief

IT Act 1961 → 2025 / Section 271H

Penalties

Section 271H → Section 461

Penalty for not filing or wrongly filing TDS/TCS statements

Section 271H of the old Income-tax Act, 1961 · new section 461 under the Income-tax Act, 2025

New reference Section 461

Income-tax Act, 1961Section 271H

  • ₹10,000 to ₹1,00,000 for not filing TDS/TCS statement or filing incorrect information
  • No penalty if tax, fee and interest are paid and the statement filed within one month of the due date (one year before 1 April 2025)

Applies to FY 2025-26 (AY 2026-27) and earlier years.

Income-tax Act, 2025Section 461

  • Same penalty, now section 461

Applies from tax year 2026-27 (from 1 April 2026).

What changed

Renumbered.

Practice notes

  • Section 461(2)(b) keeps the one-month window to avoid the penalty.

These are summaries, not the statutory text. Read the bare Act for both sections on the Income Tax Department's official site, which also has a side-by-side comparison utility.

Frequently asked

What is section 271H called in the new Income Tax Act 2025?

Section 461: penalty for not furnishing or incorrectly furnishing TDS/TCS statements.

What is section 271H called in the new Income-tax Act, 2025?

Section 271H of the Income-tax Act, 1961 corresponds to Section 461 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What changed in section 271H under the new Income Tax Act?

Renumbered.

Is section 271H still applicable for FY 2025-26?

Yes. Income of FY 2025-26 (AY 2026-27) and earlier years is governed by section 271H of the 1961 Act. Section 461 of the 2025 Act applies from tax year 2026-27.

Related sections

234E→427Late fee for delay in filing TDS/TCS statements (and SFT)201→398Consequences of TDS/TCS default: assessee in default and interest271C→448Penalty for failure to deduct TDS