AAP Tax Law

Section 234G: Fee for Default Relating to Statement or Certificate

Section 234G of the Income-tax Act, 1961 imposed a daily fee on specified research bodies, institutions, funds and companies for delay in furnishing prescribed statements or certificates. From 1 April 2026, the corresponding provision is Section 429 of the Income-tax Act, 2025.

Current law transition: Section 234G belongs to the Income-tax Act, 1961. The Income-tax Act, 2025 applies from 1 April 2026, and the corresponding provision is Section 429. Earlier obligations and proceedings must be considered with the applicable savings and transition provisions.

Meaning of Section 234G of the Income-tax Act, 1961

Section 234G is titled Fee for default relating to statement or certificate. It was designed to enforce reporting and certificate obligations connected with specified scientific research entities and institutions or funds eligible under the donation deduction provisions.

Defaults covered by Section 234G

Under Section 234G(1), the fee applies, without prejudice to other provisions of the Act, where either of the following specified defaults occurs:

  • A research association, university, college or other institution referred to in Section 35(1)(ii) or Section 35(1)(iii), or a company referred to in Section 35(1)(iia), fails to deliver the prescribed statement within the time prescribed under Section 35(1A)(i), or fails to furnish the prescribed certificate under Section 35(1A)(ii).
  • An institution or fund fails to deliver the statement within the time prescribed under Section 80G(5)(viii), or fails to furnish the certificate prescribed under Section 80G(5)(ix).

Amount of fee under Section 234G

The statutory fee is Rs. 200 for every day during which the failure continues.

RequirementSection 234G consequence
Specified statement or certificate not furnished within the prescribed timeRs. 200 for every day during which the failure continues
Maximum feeCannot exceed the amount in respect of which the failure occurred
Payment timingFee is to be paid before delivering the statement or furnishing the certificate

Section 429 of the Income-tax Act, 2025

Section 429 of the Income-tax Act, 2025 carries forward the subject of Section 234G under the title Fee for default relating to statement or certificate. It applies from 1 April 2026 under the new Act.

For scientific research related reporting, Section 429 refers to the research association, university, college or other institution covered by Section 45(3)(a), and the company covered by Section 45(3)(b). The prescribed document and certificate obligations are linked to Section 45(4)(a).

For institutions or funds, Section 429 refers to failure to deliver the statement under Section 354(1)(e) within the prescribed time, or failure to furnish the certificate prescribed under Section 354(1)(g).

Fee under Section 429

The fee remains Rs. 200 for every day during which the failure continues. Under Section 429(2), the total fee cannot exceed the amount in respect of which the failure occurred, and it must be paid before the statement is delivered or the certificate is furnished.

Section 234G and Section 429 comparison

ParticularIncome-tax Act, 1961Income-tax Act, 2025
ProvisionSection 234GSection 429
SubjectFee for default relating to statement or certificateFee for default relating to statement or certificate
Daily feeRs. 200 per day of continuing defaultRs. 200 per day of continuing default
Scientific research cross-referenceSection 35Section 45
Institution or fund cross-referenceSection 80GSection 354

Practical effect of the provision

The fee is linked to the period for which the prescribed reporting or certificate default continues. Compliance therefore involves identifying the correct statutory obligation, the prescribed form or statement, the applicable due date, and the date on which the default is actually cured.

The words without prejudice to the provisions of this Act indicate that the fee provision does not by itself exclude other consequences that may arise under the applicable law.

Important points

  • The levy is described by the statute as a fee.
  • The rate is Rs. 200 for each day of continuing failure.
  • The statutory cap prevents the fee from exceeding the amount in respect of which the failure occurred.
  • The fee is payable before the delayed statement is delivered or the certificate is furnished.
  • For matters governed by the Income-tax Act, 2025, Section 429 and its new cross-references should be used instead of mechanically applying the old section numbers.

Official references

This article is for general information. For compliance, the applicable Act, Rules, prescribed forms, notifications, circulars and official filing instructions for the relevant period should be checked.