Income-tax Sixth Amendment Rules 2026 · G.S.R. 871(E)
CBDT news G.S.R. 871(E) · 12 Oct 2026
Official title
CBDT has issued Notification No. 134/2026 dated 8 October 2026, notifying the Income-tax (Sixth Amendment) Rules, 2026, which introduce a revised Form 161 for filing applications for waiver of penalty under section 440(2) of the Income-tax Act, 2025.
Official record
Open source pageSummary
Check the official recordWhat changed
The Central Board of Direct Taxes amends the Income-tax Rules, 2026, to revise Form 161. This form serves as the application for the waiver of penalty under section 440(2) of the Income-tax Act, 2025. The amendment also updates rule 231 to include the term waiver. Taxpayers who seek a penalty waiver must use the new Form 161 to provide personal information, assessment order details, and payment records. The rules take effect on the date of their publication in the Official Gazette.
What you must do
- Use the revised Form 161 to apply for a waiver of penalty under section 440(2) of the Income-tax Act, 2025.
Key dates
- Effective from
- 08 Oct 2026
- Date of commencement
- 08 Oct 2026
Document text
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 8th October, 2026
INCOME-TAX
G.S.R. 871(E).— In exercise of the powers conferred by section 533 read with section 440 of the Income-tax Act, 2025 (30 of 2025), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 2026, namely: —
- (1) These rules may be called the Income-tax (Sixth Amendment) Rules, 2026.
- (2) They shall come into force on the date of their publication in the Official Gazette.
- In the Income-tax Rules, 2026, –
- (a) in rule 231, after the word “imposition”, the words “or waiver” shall be inserted;
- (b) for FORM NO. 161, the following Form shall be substituted, namely: –
“FORM NO. 161
[See rule 231]
Application for seeking waiver of penalty under section 440(2) of the Income-tax Act, 2025
| Part A: Personal Information | |||||
| 1. | Name | (Refer Note 1) | |||
| 2. | Permanent Account Number | ||||
| 3. | Address | (Refer Note 2) | |||
| 4. | Contact details | ||||
| (i) | Mobile Number | Country Code | Number | ||
| (ii) | Email ID | ||||
| Part B: Details of assessment or reassessment order and payments | |||||
| 5. | Tax Year | ||||
| 6. | Section under which the order is passed | ||||
| 7. | Document Identification Number (DIN) of the order | ||||
| 8. | Date of the order | dd/mm/yyyy | |||
| 9. | Date of service of the order | dd/mm/yyyy | |||
| 10. | Due date for payment as per notice of demand | dd/mm/yyyy | |||
| 11. | Income assessed | ||||
| 12. | Under-reported income | ||||
| A. | In consequence of misreporting as per | ||||
| (i) | Section 439(11)(a) to (f) | ||||
| (ii) | Section 439(11)(g) | ||||
| B. | Not in consequence of misreporting | ||||
| 13. | Tax and interest payable on assessed income (Refer computation sheet along with notice of demand) | ||||
| 14. | Tax payable on under-reported income (Refer section 439(12) of the Act) | ||||
| (i) | On amount referred to in Sl.No 12(A)(i) | ||||
| (ii) | On amount referred to in Sl.No 12(A)(ii) | ||||
| 15. | Additional income-tax payable (in lieu of penalty) | ||||
| (i) | 100% of 14(i) | ||||
| (ii) | 120% of 14(ii) | ||||
| (iii) | Total additional income-tax [(i)+(ii)] | ||||
| 16. | Total amount payable for waiver of penalty [13+ 15(iii)] (Refer section 440(1) of the Act) | (Refer Note 3) | |||
| 17. | Details of amounts paid | ||||
| (A) | (i) | BSR Code | |||
| (ii) | Date of Deposit | dd/mm/yyyy | |||
| (iii) | Serial Number of Challan | ||||
| (iv) | Amount | ||||
| (B) | (Repeat, if required) | ||||
Verification
I, __________________, PAN_____________, do hereby declare that what is stated above is true to the best of my information and belief. I further declare that no appeal has been filed in respect of the order mentioned in Part-B above. I also undertake that no appeal shall be filed in respect of the said order before the expiry of the period specified in section 440(5). I further declare that I am making this application in my capacity as _________________ and I am also competent to file this application and verify it. Verified today the ______________ day of ___________20____.
Place……..
Signature
Date…………
Name
Designation (if applicable)
Notes:
-
- In case of individual, the first, middle and last name shall be provided in full without any abbreviations. In any other case also, the name shall be provided in full.
-
- The address shall contain (i) Country/Region, (ii) Flat/Door/Building, (iii) Road/Street/Block/Sector, (iv) PIN/ZIP Code, (v) Post Office, (vi) Area/locality, (vii) District, (viii) State. The address may also contain DIGIPIN.
-
- Total amount payable for waiver of penalty within due date for payment as per notice of demand as per Sl.No 10.
-
- Some of the Information in the form would be pre-filled to the extent possible.
-
- All the amounts are to be provided in ₹, unless otherwise specified.”.
[Notification No. 134/2026/F. No. 370142/33/2026-TPL]
PRERNA, Under Secy.
Note: The Income-tax Rules, 2026 were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 198(E), dated the 20th March, 2026 and was last amended vide notification number G.S.R. 830(E), dated the 22nd September, 2026.
Source details
- Source
- Central Board of Direct Taxes / Income Tax Department
- Type
- news
- Published by source
- 12 Oct 2026
- Document number
- G.S.R. 871(E)
- Issuing division
- Central Board of Direct Taxes
- Effective date
- 08 Oct 2026
- Coverage area
- direct-tax