Tag: Form 41

New Income Tax Forms under the Income-tax Rules, 2026: Index of Key Forms, Rules and Old Form Numbers (Tax Year 2026-27)

Posted on by CA Meet Dhrangadhariya

Last updated: 18 August 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP

Quick summary

  • The Income-tax Rules, 2026 renumber the forms from 1 onwards: for example Form 99 is the appeal to the Commissioner (Appeals) (old Form 35), Form 115 the Tribunal appeal (old Form 36), Form 26 the tax audit report, Form 41 the treaty information form (old 10F), Form 44 the foreign tax credit statement (old 67), Form 48 the transfer pricing report (old 3CEB) and Form 93 the PAN application for an Indian citizen (old 49A).
  • Salary and TDS forms are 121 (declaration for no deduction, section 393(6)), 122 (other income details), 123 (perquisites, old 12BA), 124 (employee’s claims, old 12BB), 125 (specified senior citizen declaration) and 128 (lower or nil deduction certificate, old Form 13); the TDS statements are Forms 138 to 144 and certificates are Forms 130 to 133.
  • Registration and compliance of trusts use Forms 104 to 114.
  • The list below is built from the titles and rule references in the Rules; old form numbers are shown only where the earlier posts in this series or the form titles establish them.

The Income-tax Rules, 2026 prescribe all forms afresh, numbered in one series. This index lists the key forms with the rule that prescribes each, taken from the Rules. Old form numbers are shown only where they are established by the form title or by earlier posts in this series; for other forms, use the Rules to find the purpose.

Returns, appeals and registrations

Form Purpose Rule Old form
99 Appeal to the Joint Commissioner (Appeals) or the Commissioner (Appeals) 167 35
115 Appeal to the Appellate Tribunal 193(1) 36
116 Memorandum of cross-objections before the Tribunal 193(2) 36A
93 PAN application: individual who is a citizen of India 158 49A
94 PAN application: Indian company or entity 158
95 PAN application: individual who is not a citizen of India 158 49AA
96 PAN application: entity incorporated outside India 158
97 Declaration by a person (other than a company or firm) who does not have a PAN 159 and 160
98 Statement of declarations received in Form 97 160
134, 135 Application for a Tax Deduction and Collection Account Number (TAN) 216

Audit reports

Form Purpose Rule
26 Audit report and statement of particulars under section 63 (tax audit) 47
32 Audit report for deductions under sections 138 to 144 (Chapter VIII-C) 66
24 Audit report under section 59 for royalty and fees for technical services of non-residents 43
112 Audit report of a registered non-profit organisation under section 348 188
100, 101 Audit report and inventory valuation report under section 268(5) 171
66 Report for computation of book profit under section 206(1) 137
67 Report for computation of adjusted total income and alternative minimum tax 138

Salary, TDS and TCS

Form Purpose Rule
121 Declaration under section 393(6) for receiving certain income without deduction of tax 211
122 Details of other income under section 392(4)(a) for TDS on salary 204(1)
123 Statement of perquisites, fringe benefits and amenities 204(2)(b)
124 Employee’s claims for deduction of tax on salary 205
125 Declaration by a specified senior citizen 208
126 Application for a certificate under section 395(1) 209
127 Declaration under section 394(2) by a buyer to obtain goods without collection of tax 212
128 Application for a certificate for lower or nil deduction or collection 213
129 Application for a certificate under sections 395(2) and 400(3) 214
130 TDS certificate on salary under section 395 215(1)
131, 132 TDS certificates under section 395(4) for deduction other than on salary 215(1)
133 TCS certificate 215(1)
138 Quarterly statement of deduction of tax on salary, and on income of a specified senior citizen under section 393(1) Table Sl. No. 8(iii) 219(1)
140 Quarterly statement of deduction of tax on payments other than salary 219(1)
144 Quarterly statement of deduction of tax on payments other than salary made to non-residents 219(1)
143 Quarterly statement of collection of tax at source 219(1)
141 Challan-cum-statement of deduction of tax under section 393(1) Table Sl. Nos. 2(i), 3(i), 6(ii) and 8(vi) 218(3), 219(5)
142 Quarterly statement of tax deposited on transfer of virtual digital assets, by an exchange 219(2)
145 Information for payments to a non-resident other than a company, or to a foreign company 220
146 Accountant’s certificate for such payments 220(1)(c)

Treaties, foreign tax and transfer pricing

Form Purpose Rule Old form
41 Information to be provided under section 159(8) for treaty relief 75(1) 10F
42 Application for a certificate of residence 75(3)
43 Certificate of residence 75(4)
44 Statement of foreign income and foreign tax credit 76(10) 67
45 Intimation of settlement of dispute on foreign tax 76
46, 47 Option for arm’s length price (section 166(9)) and accountant’s certificate 82
48 Accountant’s report on international and specified domestic transactions 85 3CEB
49 Application for safe harbour 90, 91, 98, 101
51 Application for an Advance Pricing Agreement 106
56, 59 Master file and country-by-country report 123, 124(3)

Registered non-profit organisations

Form Purpose Rule
104 Application for provisional registration or approval 181(1)
105 Application for registration under section 332 or approval under section 354 181(1)
106, 107 Orders granting or rejecting registration and approval 181
108 Option for deemed application under section 341(7) 184
109 Statement of accumulation under section 342(1) 185
110, 111 Application for change of purpose of accumulation and the order 186
112 Audit report under section 348 188
113 Statement of donations by the donee 190(2)
114 Certificate of donation 190(7)

Information reporting and others

Form Purpose Rule
165 Statement of specified financial transactions under section 508(1) 237
166 Statement of reportable account 239
167 Statement of transactions in crypto-assets 243
168 Annual Information Statement 245
162 Annual statement under section 505 by a non-resident with a liaison office in India 234
169, 170 Valuer registration and valuation report 246, 248
188 Application for approval of a superannuation or gratuity fund 313

How to use the table

  1. Find the purpose, then the rule, then read the form in the Rules for its parts and attachments.
  2. Check that the form is available on the portal for the tax year, because some forms are activated later than the Rules.
  3. For forms that carry a due date (audit report, Form 48, statements), the due date is in the Act section or the rule that prescribes it, as explained in the other posts of this series.

How CSM & Co LLP can help

We prepare and file these forms for businesses, employers, trusts and non-residents. Please reach out to our team and we will be happy to assist.

Frequently asked questions

Why have the income tax form numbers changed?

The Income-tax Rules, 2026, which accompany the Income-tax Act, 2025 from 01/04/2026, prescribe the forms afresh and number them in one series (Form 1 to about Form 190 and beyond). Many old forms are now different numbers, and some old forms with similar purposes have been merged.

What is the new form for lower or nil deduction of TDS?

Form 128 (Rule 213), the application for a certificate for lower or nil deduction of income-tax. Form 129 (Rule 214) is the application for a certificate under sections 395(2) and 400(3) for determining the tax to be deducted or collected.

Which forms do employers use for salary TDS?

The employee gives details of other income in Form 122 (Rule 204(1)), the employer’s statement of perquisites and other benefits is Form 123 (Rule 204(2)(b)), and the employee’s statement of claims for deduction is Form 124 (Rule 205). The salary TDS certificate is Form 130 (Rule 215(1), Table Sl. No. 1), and the quarterly statement for salary is Form 138 (Rule 219).

Where is the PAN application form?

Form 93 for an individual who is a citizen of India (Rule 158), Form 94 for an Indian company or entity, Form 95 for an individual who is not a citizen of India and Form 96 for an entity incorporated outside India. Forms 97 and 98 are the declaration by a person without a PAN and the statement of declarations received.

Are the old forms still valid?

For tax years starting from 01/04/2026 the Income-tax Act, 2025 and the Rules 2026 apply, so the new forms are used for those years and for events after that date. Old forms continue to apply to matters under the 1961 Act; check the transition provisions for any particular case.

Where can I find the complete list?

The Income-tax Rules, 2026 on the Income Tax Department website (rule number and form number are given on each form). The department’s portal lists the forms available for e-filing.

Official sources

Related reading

Disclaimer

This article is for general informational purposes only and should not be considered professional advice. Please consult a qualified expert for advice tailored to your specific situation. The author and website owner are not liable for any errors or actions based on this content.

DTAA and Foreign Tax Credit under the Income-tax Act, 2025: Sections 159 and 160, Forms 41 to 44 and Rule 76 (Tax Year 2026-27)

Posted on by CA Meet Dhrangadhariya

Last updated: 15 September 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP

Quick summary

  • A tax treaty (DTAA) under section 159 of the Income-tax Act, 2025 applies to an assessee only to the extent it is more beneficial than the Act (section 159(4)); a non-resident must hold a residence certificate from the other country and provide the documents in Form 41 (the old Form 10F) to claim it (section 159(8), Rule 75).
  • A resident of India who pays tax abroad claims foreign tax credit under Rule 76: the lower of the Indian tax on that income and the foreign tax paid, country by country and source by source, with the statement in Form 44 (the old Form 67) furnished within twelve months from the end of the tax year.
  • For countries with no agreement, section 160 gives a deduction at the lower of the Indian rate or the foreign rate.
  • An Indian resident who needs a residence certificate for a treaty applies in Form 42 to the Assessing Officer, who issues it in Form 43.

Income earned across borders can be taxed twice, once by the country where it arises and again by the country where the earner lives. India avoids this through Double Taxation Avoidance Agreements (DTAA) and through foreign tax credit rules. In the Income-tax Act, 2025 (from 01/04/2026) these are sections 159 and 160, supported by Rules 75 and 76 of the Income-tax Rules, 2026.

Old and new references

Old New
Section 90 and 90A (agreements) Section 159
Section 91 (no agreement) Section 160
Form 10F (information for treaty claim by a non-resident) Form 41 (Rule 75(1))
Tax Residency Certificate application and certificate Form 42 (application) and Form 43 (certificate) (Rule 75(3) and (4))
Rule 128 and Form 67 (foreign tax credit) Rule 76 and Form 44

Section 159: treaties

  • The Central Government may enter into an agreement with another country or a specified territory to give relief for income taxed in both, to avoid double taxation without creating chances of non-taxation or reduced taxation through evasion or treaty-shopping, to exchange information and to help recover tax (section 159(1) and (3)).
  • Where an agreement applies to an assessee, the Act applies to the extent it is more beneficial to the assessee (section 159(4)).
  • The special rules in Chapter XI (anti-avoidance) apply even if they are not beneficial (section 159(6)).
  • A term defined in the agreement has that meaning; if not, the Act’s meaning is used (section 159(7)).
  • A non-resident can claim relief under an agreement only when it obtains a certificate of residence from the government of its country and provides the other documents and information prescribed (section 159(8)). Rule 75 prescribes Form 41, and the assessee must keep the documents to support it.

A resident who wants a treaty benefit abroad

A resident of India who needs a certificate of residence applies in Form 42 to the Assessing Officer, who on being satisfied issues it in Form 43 (Rule 75(3) and (4)).

Foreign tax credit for a resident (Rule 76)

A resident is allowed credit for foreign tax paid, by deduction or otherwise, in a country or specified territory outside India, in the tax year in which the corresponding income is offered or assessed to tax in India (Rule 76(1)). If the income is offered in more than one year, credit is spread in the same proportion (Rule 76(2)).

  • Foreign tax means the tax covered by the agreement, where there is one, and otherwise the tax in the nature of income-tax (including excess profits or business profits tax) under the law of that country (Rule 76(3) and section 160(3)(a)).
  • Credit is against tax, surcharge and cess, and not interest, fee or penalty (Rule 76(4)).
  • Calculation, source by source and country by country: the lower of the Indian tax on that income and the foreign tax paid on it. Foreign tax above the amount payable under the agreement is ignored (Rule 76(7)(a)).
  • Currency: the telegraphic transfer buying rate on the last day of the month before the month in which the tax was paid or deducted (Rule 76(7)(b)).
  • Minimum alternate tax: credit is allowed against the tax under section 206 in the same way, with the excess ignored for the credit under section 206(1)(m) to (p) and 206(2)(e) to (h) (Rule 76(8) and (9)).
  • Disputed foreign tax: no credit while disputed (Rule 76(5)); allowed later within six months from the end of the month the dispute is settled, with proof of payment and an undertaking that no refund has been or will be claimed (Rule 76(6)).

Documents and time limit

  1. Form 44: statement of income from outside India offered for tax, the foreign tax on it, the treaty article and rate, and the credit claimed.
  2. A certificate or statement of the nature of income and the tax, from the foreign tax authority, the person who deducted the tax, or signed by the assessee, with an acknowledgement of payment, bank counterfoil or challan, or proof of deduction.
  3. Both within twelve months from the end of the tax year in which the income is offered to tax or assessed in India, and the return for that year must have been furnished within the time in section 263(1) or (4) (Rule 76(10) to (12)).

Example. A resident individual earns ₹10,00,000 of foreign income from one country, on which ₹1,50,000 tax was paid there. The Indian tax on that income (at the average rate on total income) is ₹2,00,000, and the treaty allows a maximum of ₹1,20,000. The foreign tax above the treaty limit, ₹30,000, is ignored, so the foreign tax counted is ₹1,20,000, which is lower than ₹2,00,000. The credit is ₹1,20,000 and the Indian tax payable on that income is ₹80,000.

Section 160: no agreement

A resident who has paid income-tax in a country with which there is no agreement under section 159, on income that accrued or arose outside India and is not deemed to accrue or arise in India, is entitled to a deduction from the Indian tax of a sum on the doubly taxed income at the Indian rate or the foreign rate, whichever is lower (the Indian rate if both are equal) (section 160(1)). The same applies to a non-resident taxed on a share in a registered firm that is resident in India (section 160(2)). The foreign credit rules of Rule 76 apply to credit under section 160 as well.

Practical points

  1. Check the treaty for the particular country and article. The treaty rate for dividend, interest, royalty and fees for technical services differs by country and can change by protocol, so verify it in the notified text.
  2. Get the foreign paperwork early. Form 44 needs the foreign tax certificate or statement, and the twelve month limit runs from the end of the tax year.
  3. Residents with foreign assets also have reporting duties under section 263(1)(a)(ix).

How CSM & Co LLP can help

We prepare Form 44 and the foreign tax documents, advise on treaty rates, residence certificates and Form 41, and file returns with foreign income. Please reach out to our team and we will be happy to assist.

Frequently asked questions

Does a tax treaty always reduce Indian tax?

The Act applies to an assessee to whom an agreement applies only to the extent it is more beneficial (section 159(4)). The provisions of Chapter XI (the general anti-avoidance rules) apply even if they are not beneficial (section 159(6)). A non-resident can claim treaty relief only if it holds a certificate of residence from the government of its country and provides the other prescribed documents and information (section 159(8)).

What replaces Form 10F?

Form 41, under Rule 75(1): the documents and information to be provided by a non-resident assessee claiming double taxation relief under an agreement. The assessee must keep the supporting documents, and the tax authority can call for them to verify the claim (Rule 75(2)).

How does a resident in India get a tax residency certificate?

By applying to the Assessing Officer in Form 42, who issues the certificate of residence in Form 43 (Rule 75(3) and (4)).

How is foreign tax credit calculated?

For each source of income in each country, the credit is the lower of the Indian tax payable on that income and the foreign tax paid on it, and any foreign tax above what the treaty allows is ignored. The foreign tax is converted at the telegraphic transfer buying rate on the last day of the month before the month in which it was paid or deducted. Credit is against tax, surcharge and cess but not interest, fee or penalty (Rule 76(4) and (7)).

What documents are needed to claim the credit, and by when?

A statement in Form 44 (income from outside India offered to tax and the foreign tax on it, verified as the Form says) and a certificate or statement of the nature of the income and the tax, from the foreign tax authority, the deductor or signed by the assessee, with proof of payment or deduction. Both are to be furnished within twelve months from the end of the tax year in which the income is offered to tax or assessed in India, and the return for the year must be furnished within the time in section 263(1) or (4) (Rule 76(10) to (12)).

What if foreign tax is disputed?

No credit is given for the disputed part (Rule 76(5)). If the dispute is settled and tax is paid, the credit is allowed for the year the income was offered to tax, if evidence and an undertaking that no refund has been or will be claimed are furnished within six months from the end of the month in which the dispute is finally settled (Rule 76(6)).

Official sources

Related reading

Disclaimer

This article is for general informational purposes only and should not be considered professional advice. Please consult a qualified expert for advice tailored to your specific situation. The author and website owner are not liable for any errors or actions based on this content.