Rules 68 to 72 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 68 to 72 of the Income-tax Rules, 2026 are five short rules, each prescribing one form — Form No. 34, 35, 36, 37 and 38 — for a report or certificate supporting a deduction.
Rules 68 to 72 at a glance
| Rule | 1962 parallel | Provision | Who issues or verifies | Form |
|---|---|---|---|---|
| 68 | 19AB | Section 146(3)(c) | An accountant as defined in section 515(3)(b) | 34 |
| 69 | 19AE | Section 147(4)(a) | An accountant as defined in section 515(3)(b) | 35 |
| 70 | 19AC | Section 151(5) | Verified by the person responsible for making the payment to the assessee | 36 |
| 71 | 19AD | Section 152(5) | The Controller under section 2(1)(b) of the Patents Act, 1970 | 37 |
| 72 | 29A | Sections 151(6) and 152(6) | The Reserve Bank of India, or another authorised authority under current foreign exchange laws | 38 |
Rules 68 to 72 look alike but are not. Two of them (68 and 69) rest on an accountant's report. One (70) is verified by the payer — a commercial counterparty, not a professional. Two (71 and 72) require a certificate from an outside regulator: the Controller of Patents and the Reserve Bank of India. Only the first two can be produced inside the assessee's own advisory relationship; the others depend on a third party's timetable, which is why they have to be started early.
Rule 68 — Form No. 34
The rule reads: "Report of an accountant as defined in section 515(3)(b), which is required to be furnished by the assessee under section 146(3)(c) along with the return of income shall be in Form No. 34."
Two points are carried in the wording — the report is by an accountant as statutorily defined, and it is furnished along with the return of income, not by a separate date.
Rule 69 — Form No. 35
"The report of the accountant, as defined in section 515(3)(b), which is required to be furnished by the assessee under section 147(4)(a), shall be in Form No. 35."
Rule 69 is the shortest of rules 68 to 72 and sets only the form. The timing follows section 147(4)(a) itself rather than the rule.
Rule 70 — Form No. 36
- Sub-rule (1): for claiming a deduction under section 151, the assessee shall be required to furnish a certificate in Form No. 36 along with the return of income.
- Sub-rule (2): the person responsible for making the payment to the assessee shall verify the certificate in Form No. 36.
The certificate therefore originates with the payer. An assessee who files the return without first obtaining and having it verified has no way to cure the position afterwards, because the verification is somebody else's act.
Rule 71 — Form No. 37
For the purposes of section 152(5):
- the prescribed authority shall be the Controller referred to in section 2(1)(b) of the Patents Act, 1970; and
- the assessee shall be required to furnish a certificate in Form No. 37 from the prescribed authority along with the return of income.
Rule 72 — Form No. 38
For the purposes of sections 151(6) and 152(6):
- the prescribed authority shall be the Reserve Bank of India or another authorised authority under current laws regulating foreign exchange transactions; and
- the certificate shall be furnished in Form No. 38.
Read rules 70, 71 and 72 together. A section 151 claim needs the Form No. 36 certificate verified by the payer and, under section 151(6), the Form No. 38 foreign exchange certificate. A section 152 claim needs the Form No. 37 certificate from the Controller of Patents and, under section 152(6), the same Form No. 38. Obtaining one and not the other leaves the claim incomplete, and the RBI certificate is the one with the longest lead time.
How these fit the wider reporting set
Rules 68 to 72 belong to a family of accountant reports and third-party certificates that support specific deductions, alongside rule 66's Form No. 32 audit report for the section 46 and 138 to 144 deductions, rule 67's Form No. 33 particulars for the SEZ reinvestment reserve, and rule 65's Form No. 31 declaration for rent paid. What distinguishes this group is that most of them are furnished with the return rather than by the section 63 specified date.
Worked example
| Claim | What to obtain |
|---|---|
| Deduction requiring the section 146(3)(c) report | Form No. 34 from an accountant, filed with the return |
| Deduction under section 147(4)(a) | Form No. 35 from an accountant |
| Deduction under section 151 | Form No. 36 verified by the payer, and Form No. 38 under section 151(6) |
| Deduction under section 152 on patent income | Form No. 37 from the Controller of Patents, and Form No. 38 under section 152(6) |
| Payer unwilling to verify Form No. 36 before the return date | The claim cannot be completed — verification is the payer's act |
| RBI certificate applied for a week before the due date | Too late in practice — start the Form No. 38 request early |
Compliance checklist
- Map each deduction claimed to its rule among rules 68 to 72 and its form.
- Engage the accountant for Forms No. 34 and 35 in time for the return.
- Request the payer's verification of Form No. 36 well before the filing date.
- Apply to the Controller of Patents for Form No. 37 early.
- Apply to the Reserve Bank of India or the authorised authority for Form No. 38 earliest of all.
- Remember that sections 151 and 152 each require a second certificate under sub-section (6).
- File with the return where the rule says so.
- Keep the underlying documentation supporting each certificate required by rules 68 to 72.
Common mistakes
- Obtaining Form No. 36 without the payer's verification.
- Overlooking the Form No. 38 certificate under sections 151(6) and 152(6).
- Starting the regulator certificates late, after the accounts are closed.
- Treating these as tax-audit-date filings rather than return filings.
- Using a report signed by someone outside the section 515(3)(b) definition.