Archive · 9 Oct 2026
CBDT Revises Form 161 to Allow Penalty Waiver Applications
The tax board has changed a form called Form 161.
Taxpayers can use it to ask for a penalty to be waived if they meet the rules.
They must pay the tax and interest they owe, as well as an additional amount set by the rules.
They must also agree not to appeal the assessment or reassessment order.
The application is due within one month after the month they receive that order.
A tax officer must decide within three months after the month the application arrives.
The officer must give the taxpayer a hearing before rejecting the request.
If the waiver is accepted, the assessment becomes final and cannot be appealed or revised.
The change took effect on the date the rules were published in the Official Gazette.
The CBDT notified amendments to Rule 231 and replaced Form 161 on 8 October 2026.
The amended rule adds “or waiver” after “imposition,” and the revised form covers applications to waive penalties.
Eligible taxpayers must pay the tax and interest demanded, plus prescribed additional income tax, and must not appeal the assessment or reassessment order.
Form 161 must be filed within one month after the month in which the taxpayer receives the assessment or reassessment order.
The Assessing Officer must decide within three months after the month the application is received, and cannot reject it without a hearing.
- Who
- Taxpayers with an assessment or reassessment order and a penalty under Section 439 may apply, subject to the stated conditions.
- What
- The CBDT amended Rule 231 and replaced Form 161 to provide for penalty-waiver applications.
- When
- The notification is dated 8 October 2026 and the rules take effect on publication in the Official Gazette.
- Why
- The amendment adds an express procedure for taxpayers to seek a waiver of penalty.
- Notification date
- 8 October 2026
- Amending rules
- Income-tax (Sixth Amendment) Rules, 2026
- Application form
- Form 161
- Filing deadline
- Within one month from the end of the month in which the assessment or reassessment order is received
- Decision deadline
- Within three months from the end of the month in which the application is received
- Key conditions
- Pay the tax and interest demanded and prescribed additional income tax; do not appeal the assessment or reassessment order; and meet the prosecution-related condition
- Stated exclusion
- The waiver does not cover the penalty under Section 444 for false entries