Section 461
Section 461: penalty for failure to furnish statements, etc.
Section 461 penalises a person who is required to deliver (or cause to be delivered) the statement prescribed in section 397(3)(b) - broadly, the TDS/TCS statement - if they either fail to file it on time or file it with incorrect information. It also provides a specific carve-out that spares a short, cured delay from penalty.
The penalty for late filing or incorrect information
Sub-section (1): where a person required to deliver, or cause to be delivered, the statement prescribed in section 397(3)(b) either (a) fails to do so within the prescribed time, or (b) furnishes incorrect information in that statement, the Assessing Officer may impose a penalty of not less than ₹10,000, which may extend up to ₹1,00,000.
When the penalty for late filing does not apply
Sub-section (2): no penalty is levied under sub-section (1)(a) for a delay in filing, or non-filing, of the statement, if the person proves that: (a) the tax deducted or collected, along with any applicable fee and interest, was paid to the credit of the Central Government; and (b) the statement was delivered (or caused to be delivered) before the expiry of one month from the time prescribed in section 397(3)(b).
Frequently asked questions
What is the penalty range under Section 461?
Not less than ₹10,000 and up to ₹1,00,000, imposed by the Assessing Officer for failing to file the section 397(3)(b) statement on time, or for furnishing incorrect information in it.
Is there any relief for a short delay in filing?
Yes - section 461(2) exempts a delay in filing from penalty under sub-section (1)(a), if the tax deducted/collected along with fee and interest was paid to the Central Government's credit, and the statement was delivered within one month of the prescribed time.
Does the relief in Section 461(2) also cover furnishing incorrect information?
No - the carve-out in sub-section (2) is limited to the delay/non-filing penalty under sub-section (1)(a); it does not cover the penalty for furnishing incorrect information under sub-section (1)(b).
Related sections
Want this applied to your actual filing, not just explained?
Get help filing your TDS/TCS statements on timeLast updated 9 September 2026