Summary: The Central Board of Direct Taxes (CBDT), through Notification No. 134/2026-Income Tax dated 8 October 2026, has notified the Income-tax (Sixth Amendment) Rules, 2026, exercising its powers under Section 533 read with Section 440 of the Income-tax Act, 2025. The amendment comes into force on the date of publication in the Official Gazette. It modifies Rule 231 of the Income-tax Rules, 2026, , by inserting the words “or waiver” after “imposition” and substitutes Form No. 161 with a revised application for seeking waiver of penalty under Section 440(2). The substituted form requires personal information, including the applicant’s name, PAN, address and contact details, along with particulars of the assessment or reassessment order, tax year, document identification number, assessed income and under-reported income. It distinguishes under-reporting arising from specified categories of misreporting under Section 439(11) from other under-reporting. The form also provides fields for calculating tax and interest, additional income-tax payable in lieu of penalty, the total amount payable for waiver and the relevant challan payment details. Applicants must furnish a verification concerning the accuracy of the information, appeal status and their authority to submit the application. Accompanying notes prescribe the particulars of names and addresses, clarify the payment requirement and provide for possible pre-filling of information. The notification accordingly revises the prescribed procedural form for seeking penalty waiver under the Income-tax Act, 2025.
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
Notification No. 134/2026-Income Tax | Dated: 8th October, 2026
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. (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.
2. In the Income-tax Rules, 2026, , , –
(a) in rule 231, after the word “imposition”, the words “or waiver” shall be inserted;
for FORM NO. 161, the following Form shall be substituted, namely: –
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“FORM NO. 161 [See rule 231] Application for seeking waiver of penalty undesection 440(2) of the Income-tax Act, 2025 |
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| 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) | |||||
| (iii) | On amount referred to in Sl.No 12(A)(i) | |||||
| (iv) | On amount referred to in Sl.No 12(A)(ii) | |||||
| 15. | Additional income-tax payable (in lieu of penalty) | |||||
| (v) | 100% of 14(i) | |||||
| (vi) | 120% of 14(ii) | |||||
| (i) | 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) | (vii) | BSR Code | ||||
| (viii) | Date of Deposit | dd/mm/yyyy | ||||
| (ii) | Serial Number of Challan | |||||
| (iii) | Amount | |||||
| (B) | (Repeat, if required) | |||||
| I, , PAN_____________, | Verification
do hereby declare that what is stated that no appeal has been filed in respect of shall be filed in respect of the said order declare that I am making this application competent to file this application and |
above is true to the best of my the order mentioned in Part-B before the expiry of the period in my capacity as verify it. Verified today the
(if applicable) |
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| information and belief. I further declare above. I also undertake that no appeal specified in section 440(5). I further and I am also | ||||||
| day of | ||||||
| Place…….. Signature
Date… Name Designation |
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Notes:
1. 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.
2. 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.
3. Total amount payable for waiver of penalty within due date for payment as per notice of demand as per Sl.No 10.
4. Some of the Information in the form would be pre-filled to the extent possible.
5. 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.
