Section 115WD: Return of Fringe Benefits
Section 115WD prescribed how employers filed returns of fringe benefits under the former fringe benefit tax (FBT) regime. This guide explains its original filing obligations, statutory deadlines, notices and revised returns, together with its present legal status.
Meaning and scope of Section 115WD
Chapter XII-H of the Income-tax Act, 1961 dealt with tax on fringe benefits provided or deemed to be provided by an employer. Section 115W defined the employer and fringe benefit tax; Section 115WB described fringe benefits; and Section 115WA imposed the former charge. Section 115WD separately regulated the employer's FBT return, without replacing the ordinary income-tax return under Section 139.
Filing obligations under the historical provision
Section 115WD(1): Return and due dates
Employers paying or providing for fringe benefits were required to submit a prescribed return to the Assessing Officer. The historical deadline was 30 September of the assessment year for companies and other employers subject to statutory audit, and 31 July for other employers. These were deadlines under the former FBT law, not the present return-filing schedule.
Section 115WD(2): Notice for failure to file
Where the Assessing Officer considered an employer liable for FBT but no return had been filed, the officer could issue a notice after the due date requiring a prescribed return within 30 days of service.
Section 115WD(3): Belated return
An employer who missed the prescribed or notice-based deadline could historically file a belated return within one year after the end of the relevant assessment year or before completion of assessment, whichever was earlier.
Section 115WD(4): Revised return
If an employer discovered an omission or incorrect statement in an FBT return, a revised return could historically be submitted within the same outer time limit, subject to assessment having not been completed.
Section 115WD - Original statutory text
The following reproduces the provisions from the source webpage for historical reference. Editorial explanations above are separate from the statutory text.
(1) Without prejudice to the provisions contained in section 139, every employer who during a previous year has paid or made provision for payment of fringe benefits to his employees, shall, on or before the due date, furnish or cause to be furnished a return of fringe benefits to the Assessing Officer in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, in respect of the previous year. Explanation.-In this sub-section, "due date" means,- (a) where the employer is- (i) a company; or (ii) a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force, the 1 30th day of September of the assessment year; (b) in the case of any other employer, the 31st day of July of the assessment year.
(2) In the case of any employer who, in the opinion of the Assessing Officer, is responsible for paying fringe benefit tax under this Act and who has not furnished a return under sub-section (1), the Assessing Officer may, after the due date, issue a notice to him and serve the same upon him, requiring him to furnish within thirty days from the date of service of the notice, the return in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.
(3) Any employer responsible for paying fringe benefit tax who has not furnished a return within the time allowed under sub-section
(1) or within the time allowed under a notice issued under sub-section (2), may furnish the return for any previous year, at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.
(4) If any employer, having furnished a return under sub-section (1), or in pursuance of a notice issued under sub-section (2), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.
Legislative note: The Finance Act, 2008 (Act 18 of 2008), section 27, substituted "30th day of September" for "31st day of October", with effect from 1 April 2008.
Abolition of fringe benefit tax and current relevance
Section 115WM made Chapter XII-H inapplicable to assessments beginning on or after 1 April 2010. Accordingly, employers do not file a separate FBT return for current years merely because they provide staff amenities or benefits. The treatment of employee perquisites and benefits is instead determined under the applicable income-tax provisions, including salary and perquisite rules where relevant.
The Income-tax Act, 2025 came into effect on 1 April 2026. Current-year filing obligations should be checked under the law applicable to the relevant tax year. Section 115WD remains relevant for understanding historical FBT returns and disputes concerning periods when Chapter XII-H applied.
Official legislation and resources
Frequently asked questions
Is a fringe benefit tax return required now?
No separate FBT return is required for current assessment years under the discontinued Chapter XII-H regime.
What was the historical due date for a company?
Under the version reproduced here, companies and audit-covered employers generally had until 30 September of the relevant assessment year.
Could a fringe benefit return be revised?
Yes. Section 115WD(4) historically allowed revision within the specified period, before completion of assessment.