Form 97 Replaces Form 60 from 1 April 2026
Under the Income-tax Act, 2025 and the Income-tax Rules, 2026, the declaration mechanism for a person who does not possess a Permanent Account Number has been renumbered. For specified transactions under Rule 159(2), the declaration is now made in Form No. 97. The Income Tax Department has expressly clarified that Form No. 97 replaces the earlier Form No. 60 used under the Income-tax Act, 1961 and Rule 114B of the Income-tax Rules, 1962.
Who May Furnish Form 97?
Form 97 is relevant where a person who does not possess PAN enters into a transaction covered by Rule 159(2), subject to the exclusions and special provisions contained in that rule. It is not a substitute for obtaining PAN where PAN is otherwise required under law.
Users should also note that the scope of transactions under Rule 159(2) is not identical to the earlier Rule 114B/114BA framework. For that reason, a transaction should be checked against the current 2026 Rules rather than relying only on an old Form 60 list.
Transactions Requiring PAN or the Applicable Declaration
Rule 159 contains the current framework for specified transactions requiring PAN particulars or, where permitted, the corresponding declaration by a person without PAN. Depending on the transaction, this can involve banking, securities, property, payment and other prescribed financial transactions. The applicable monetary threshold and responsible reporting person vary by transaction.
How to Fill the Current Non-PAN Declaration
The declaration should be completed with the particulars required by the prescribed form and furnished at the time of the specified transaction. As applicable, information may include the declarant's identity and address, date of birth or incorporation, contact details, transaction amount and date, Aadhaar details where available, PAN application details where PAN has already been applied for, and prescribed income particulars.
- Enter the declarant's full legal name and identification particulars exactly as required by the current form.
- Provide the complete address and contact details.
- Enter the amount and date of the specified transaction.
- If PAN has already been applied for but is not yet generated, provide the application date and acknowledgement details requested in the form.
- Where the form requires income information, provide the relevant estimated income particulars accurately.
- Provide the prescribed supporting identification/address information and complete the declaration and verification.
The declaration should not contain a fabricated PAN or incorrect income particulars. If PAN has already been allotted, the PAN should normally be quoted instead of using the non-PAN declaration mechanism.
Duties of the Person Receiving Form 97
Under Rule 160 of the Income-tax Rules, 2026, specified persons receiving declarations in Form 97 must furnish a statement in Form No. 98 through the prescribed electronic process and retain Form 97 for six years from the end of the financial year in which the transaction was undertaken.
| Declarations received | Form 98 due date |
|---|---|
| 1 April to 30 September | 31 October of that financial year |
| 1 October to 31 March | 30 April of the immediately following financial year |
Form 97 itself is furnished by the declarant at the time of undertaking the specified transaction.
Legacy Form 60 - Historical Reference and Downloads
Before 1 April 2026, a person covered by the second proviso to Rule 114B of the Income-tax Rules, 1962 who did not have PAN could furnish Form No. 60 for transactions specified in that rule. The historical form required information such as the declarant's name, date of birth, address, transaction details, Aadhaar where available, PAN-application particulars and estimated income where PAN had not been applied for.
Official Income Tax Department References
Income Tax Department - Income Tax Forms FAQs (Form 60 to Form 97 transition)
Income Tax Department - Notified Income-tax Rules, 2026
Income Tax Department - Interplay and Transition FAQs
Income Tax Department - Legacy Rule 114B
Income Tax Department - Legacy Form No. 60
Frequently Asked Questions
Is Form 60 valid for a new transaction in September 2026?
For a transaction governed by the Income-tax Act, 2025 and Income-tax Rules, 2026, the current non-PAN declaration is Form No. 97 where Rule 159(2) permits it.
When must Form 97 be submitted?
The Income Tax Department's transition guidance states that Form 97 is furnished by the declarant at the time of undertaking the specified transaction.
What form replaces Form 61?
Form No. 98 is the corresponding reporting statement under the 2026 framework for persons required to report declarations received in Form 97.
Are existing PAN numbers affected by the Income-tax Act, 2025?
No. Existing PAN and TAN numbers continue to remain valid. The change discussed here concerns the prescribed forms and rules for relevant transactions.
Related Forms and Income-Tax Pages
- Download Form No. 60 for Income Tax non PAN Declaration in MS Word Format
- Download Form No. 60 for Income Tax non PAN declaration in PDF Format
- ITNS 280 fill able income challan form in MS Excel and PDF Format. Download and fill the Income Tax Challan form No. 280 to pay tax
- ITNS 281 fill able TDS challan form in MS Excel and PDF Format. Download and fill ITNS 281 challan form to pay Tax Deducted at Source
- Form No. 60 download in PDF or MS Word Format. Form 60 to be filled by Non PAN Holders as per Income Tax Act
