Audit Report under section * 35D(4)/35E(6) of the Income-tax Act, 1961
Form 3AE belongs to the regime of the Income-tax Act, 1961. The same ground is now covered by Form 6 of the Income-tax Rules, 2026. It is an audit report: an accountant examines something and reports on it in the department’s own words, in the department’s own boxes. The assessee does not write this one. An accountant signs it, and the assessee files what the accountant has signed.
| What the description names | Where it sits now |
|---|---|
| section 35D of the 1961 Act | section 44 |
| section 35E of the 1961 Act | section 51 |
Rules of the 2026 Rules that work the same section. rule 27 (Form of statement to be furnished regarding certain preliminary), rule 28 (Form of audit report for claiming deduction for certain preliminary). This is our own matching — we have paired the section the form names with the rules whose headings name that same section. The department has not said that any of these rules prescribes this form.
| Under the 2026 Rules | What the department calls it |
|---|---|
| Form 6 | Audit Report for claiming deduction for certain preliminary expenses under section 44 or expenditure for prospecting certain minerals under section 51 |
You meet it in the run-up to the filing date, when a claim in the return needs an accountant’s report behind it. The report goes in separately from the return, and it usually has to be in before the return is.
My s.35D claim is capped at 5% of capital employed. Does the share premium I collected count as capital employed?
The AO has thrown out most of my IPO expenses because they are not named in s.35D(2). Is that list closed?
The Assessing Officer says he will not follow the appellate order in my own case because the department has appealed against it. Can he do that?
The Assessing Officer has ignored an appellate order in my own case because the department has filed an appeal against it. Can he do that?
Form 3AC, Form 3AD, Form 3CA, Form 3CB, Form 3CD, Form 3CE, Form 3CEA, Form 3CLA, Form 5BA, Form 6B, Form 6D, Form 10B