[Section 234H]: Fee for Default in Intimation of Aadhaar Number

Section 234H of the Income Tax Act, 1961 imposes a fee for failure to intimate/link one’s Aadhaar number with PAN as required under Section 139AA. Here are the key provisions:

  1. When Does the Fee Apply?
    • If taxpayer fails to intimate/link Aadhaar with PAN by the due date
    • Applies when Aadhaar is mandatory for filing ITR (as per Section 139AA)
  1. Fee Structure
    • ₹1,000as a one-time fee for default
    • Payable at time of subsequent intimation/linking
  1. Key Conditions
    • Fee applies only if PAN becomes inoperative due to non-linking
    • Must be paid before PAN can be made operative again
    • In addition to other consequences of inoperative PAN (like TDS at higher rate)
  1. Due Dates
    • Original deadline was 31 March 2023 (extended multiple times)
    • Currently no active deadline – fee applies when linking is eventually done
  1. Payment Process
    • Payable through e-filing portal when linking Aadhaar-PAN
    • Can be paid via net banking/credit card/debit card
  1. Exceptions

No fee required for:

    • Non-residents as per IT Act
    • Residents of Assam, Jammu & Kashmir, Meghalaya
    • Individuals aged 80+ years
    • Non-citizens of India
  1. Consequences Beyond Fee
    • PAN becomes inoperative
    • Higher TDS/TCS rates may apply
    • Difficulty in financial transactions
    • Possible delay in ITR processing

Recommendation: Link Aadhaar-PAN immediately to avoid the fee and other complications, even if no active deadline exists currently. The linking can be done easily through the Income Tax e-filing portal.

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