Form 6 Under the Income-tax Act, 2025: Audit Report for Deductions Under Section 44 and Section 51

Introduction

The transition to the Income-tax Act, 2025 has brought with it a revised framework for compliance documentation, including the introduction of Form 6 — an audit report that plays a pivotal role in substantiating deduction claims related to preliminary expenditure and mineral prospecting costs. For assessees seeking benefits under Section 44 or Section 51 of the Income-tax Act, 2025, filing this form is not optional — it is a statutory obligation.

This article provides a comprehensive walkthrough of Form 6, covering its legal basis, applicability, filing requirements, process flow, and compliance implications.


Before diving into the specifics, it is important to understand where Form 6 fits within the broader legislative structure. The form has its roots in earlier provisions under the Income-tax Act, 1961, and has been carried forward with updated references under the 2025 legislation.

Particulars Income-tax Act, 1961 Income-tax Act, 2025
Form Name (Old Rules) Form 3AE
Form Name (New Rules) Form 6
Corresponding Sections Section 35D(4), Section 35E(6) Section 44(6), Section 51(7)
Corresponding Rule (Old) Rule 6AB
Corresponding Rule (New) Rule 28

This mapping makes it clear that Form 6 under the Income-tax Rules, 2026 is the successor to the erstwhile Form 3AE under the Income-tax Rules, 1962, now realigned with the updated statutory provisions.


What Is Form 6?

Form 6 is a certified audit report that must be submitted by an eligible assessee claiming deductions under:

  • Section 44 — covering preliminary and project-related capital expenditure, and
  • Section 51 — covering expenditure incurred on prospecting or developing mineral resources.

The form must be certified by a qualified accountant and submitted exclusively through electronic means via the Income-tax e-Filing Portal. Its primary function is to provide an audit-backed verification of the expenditure claimed, thereby ensuring that only legitimate and accurately computed deductions are allowed.


Purpose and Objectives of Form 6

The rationale behind mandating Form 6 is multi-dimensional. The form serves the following key objectives:

  • Certification of qualifying expenditure eligible for deductions under Section 44 or Section 51
  • Audit-based validation of project costs and capital expenditure
  • Enabling system-driven verification of deduction claims through digital audit trails
  • Strengthening transparency in financial reporting related to capital and mineral-related claims
  • Protecting revenue by minimising inflated or incorrect deduction claims
  • Providing a statutory audit trail that supports future scrutiny assessments or faceless proceedings

Important Note: The filing of Form 6 is a precondition for availing deductions under Section 44 and Section 51. Absence of this filing can lead to outright disallowance of the claimed deduction.


Who Must File Form 6?

Eligible Assessees

Form 6 is applicable to any assessee — other than a company or a co-operative society — who claims deduction under:

  1. Section 44 of the Income-tax Act, 2025 (preliminary/project-related expenditure), or
  2. Section 51 of the Income-tax Act, 2025 (mineral prospecting/development expenditure)

Note: Companies and co-operative societies are specifically excluded from the requirement to file Form 6, as they are governed by separate audit and reporting mechanisms.

Who Is Authorised to Certify Form 6?

Form 6 must be certified by an accountant as defined under Section 515(3)(b) of the Income-tax Act, 2025. In practice, this refers to a Chartered Accountant holding a valid Certificate of Practice, subject to certain exceptions specified under the provision.

The certifying accountant must: