Amendment of Income-tax Form No. 161 · 134/2026
CBDT notification 134/2026 · 08 Oct 2026
Official title
notification no. 134/2026 f. no. 370142/33/2026 tpl / g.s.r. 871 e amendment of the income tax form no. 161 in consequence to finance act 2026
Official record
Open source pageSummary
Check the official recordWhat changed
The Central Board of Direct Taxes amends the Income-tax Rules, 2026, to update Form No. 161. This form serves as the application for taxpayers to seek a waiver of penalty under section 440(2) of the Income-tax Act, 2025. The amendment also updates rule 231 to include the term or waiver. Taxpayers must provide personal information, details of the assessment or reassessment order, and payment information for the under-reported income. The applicant must verify that no appeal exists for the order and commit to not filing an appeal within the period specified in section 440(5). The rules take effect on the date of their publication in the Official Gazette.
What you must do
- Submit Form No. 161 to apply for a waiver of penalty.
- Declare that no appeal exists for the order and commit to not filing an appeal within the period specified in section 440(5).
Key dates
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……..
Date…………
Signature
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.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
Source details
- Source
- Central Board of Direct Taxes / Income Tax Department
- Type
- notification
- Published by source
- 08 Oct 2026
- Document number
- 134/2026
- Issuing division
- Central Board of Direct Taxes
- Effective date
- 08 Oct 2026
- Coverage area
- direct-tax