Form 189
Application for approval of an issue by a public company under Schedule XV, paragraph 1(z)(i).
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Primary sources: Official CBDT Forms crosswalk and guidance · Notified Appendix III source · e-Filing Forms portal
Layout status: This page maps Form 189 to its exact prescribed layout, hosted externally at the sources above — it is not a locally re-typeset copy, so open the linked source for the field-by-field layout rather than relying on this page alone.
Current-law status: Form 189 is the number prescribed under Schedule XV of the Income-tax Rules, 2026, for periods governed by the Income-tax Act, 2025. Its predecessor, Form 59 under the Income-tax Rules, 1962 (same approved-issue purpose, under the erstwhile Section 80C(2)(xix)/88(2)(xvi)), does not apply to filings governed by the new Rules — confirm which Act/Rules regime governs your filing period before choosing between them.
Reviewed: CA Nikhil Gupta, 19 July 2026. Currentness control: The prescribed Form, portal availability, schema, instruction kit and filing period must all be separately current when filing.
Form control record
Purpose and trigger
Application for approval of an issue by a public company under Schedule XV, paragraph 1(z)(i).
This is the Income-tax Rules, 2026 successor to old Form 59 (Rule 20 of the 1962 Rules), historically used by a public company to seek approval of an equity or debenture issue so that individuals subscribing to it could claim a deduction under the erstwhile Section 80C(2)(xix)/Section 88(2)(xvi). The filer is the issuing company, not an individual investor — an individual subscriber has nothing to file on Form 189 itself.
Sections: Derive from official form and governing Rule.
Schedules: XV
Governing Rules
Rule linkage remains source-gated and must be verified from the notified Form.
Portal status: Verify current e-Filing availability and utility before filing
Pre-filing checklist
Confirm the 1961 Act/1962 Rules or 2025 Act/2026 Rules route.
Open the prescribed layout, utility and instruction kit.
Reconcile source records, authority and certification.
Validate, submit, pay if needed and preserve acknowledgement.
Finin2min implementation framework
Trigger and scope
Use Form 189 only where the governing section and Rule, person category and reporting period match.
Evidence and control
Keep the completed form, source schedules, computation, approvals, DSC/EVC evidence, utility version and acknowledgement.
Consequence
A wrong Form, period, signatory or utility can cause defect, invalidity, delay, denial of relief or downstream proceedings.
Transaction application
Identify the actor, event date, governing tax year or reporting period, authority, document version and every cumulative condition. Record why each limb is satisfied, disputed or not applicable.
Authority, consent and execution
Confirm legal capacity, authorised signatory, digital-signature requirements, professional certification and portal credentials before filing or relying on the document.
Evidence and retention checklist
Retain source data, approvals, computations, correspondence, filing acknowledgement, payment record, amended filing history and the version of the governing instrument used.
Limitation, forum and remedies
Do not assume a general limitation period. Check the specific Act, Rule, notification, portal window, condonation power, appeal route and judicial treatment applicable to the event date.
Cross-law overlays
Consider TDS/TCS, transfer pricing, FEMA, GST, company-law approval, accounting and audit evidence where relevant.
Finin2min Q&A
Does prescription mean the portal accepts the Form?
No. Prescription, portal availability and utility/schema activation are separate controls.
Is the old Form number interchangeable?
No. The old number is a concordance aid only. The governing Act, Rules, Form and period determine what must be filed.