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KAR SATHI · VISUAL GUIDE

Form 161 Penalty Waiver: Revised 2026 Form, Eligibility and Filing Checklist

Receiving an income-tax assessment order can be stressful, especially when it is followed by possible penalty or prosecution proceedings. In eligible.

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01 · FROM THE GUIDE

Overview

Form 161 Penalty Waiver: Revised 2026 Form, Eligibility and Filing Checklist

Receiving an income-tax assessment order can be stressful, especially when it is followed by possible penalty or prosecution proceedings. In eligible cases, however, a.

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02 · FROM THE GUIDE

Form 161 at a Glance

Particular | Details

Form | Form 161

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What Is Form 161?

Form 161 is the prescribed application through which an eligible taxpayer can request immunity under Section 440 of the Income-tax Act, 2025.

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The relief may cover

Imposition of the specified penalty under Section 439; and

Initiation of specified prosecution proceedings under Sections 478 or 479.

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Why Was Form 161 Revised?

The Income-tax Act, 2025 came into effect from 1 April 2026 and introduced new section numbers, procedures and forms.

Form 161 was originally prescribed under Rule 231 of the Income-tax Rules, 2026 for an application under Section 440. CBDT subsequently issued Notification No. 134/2026.

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Who May Apply?

An assessee against whom a qualifying assessment order has been passed may consider filing Form 161 if the conditions under Section 440 are satisfied.

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The taxpayer should generally verify that

The assessment order is covered by the relevant provision;

The tax and interest payable according to the assessment order have been paid within the permitted period;

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Conditions for Immunity

The principal conditions commonly associated with Section 440 include the following.

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