Section 115WD is the FBT return provision, a self-contained mirror of s.139. Sub-section (1) requires every employer who has paid or provided for fringe benefits to file a return of fringe benefits by the 'due date' (30 September for companies/audited persons; 31 July otherwise). Sub-section (2) empowers the Assessing Officer to require a non-filer to file within 30 days; sub-sections (3) and (4) permit belated and revised returns within the stated outer limits. Being 'without prejudice to s.139', the FBT return is additional to the income return; s.115WL imports the general return machinery 'so far as may be'.
Historical context / FA amendment trail
Inserted by the Finance Act, 2005 w.e.f. AY 2006-07; due-date Explanation aligned with the s.139 due dates. Inapplicable from AY 2010-11 (s.115WM); no FBT return was due for AY 2010-11 onwards.
Operative consequences
• Due date: 30 September (company/audited employer) or 31 July (others) of the assessment year.
• A non-filer may be served a notice under sub-section (2) requiring filing within 30 days.
• Belated/revised return permitted up to one year from end of AY or before completion of assessment, whichever is earlier.
• Late or non-filing attracts mandatory interest under s.115WK (and penalty/prosecution via s.115WL).
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Block 1 reproduces the statutory text verbatim from the Income-tax Act, 1961 (text as printed; the Chapter remains on the statute book but is inapplicable from AY 2010-11 by s.115WM). The Finance Act, 2026 makes no substantive change to Chapter XII-H. Not legal advice.
Case Laws & Commentary
Section 115WD — Return of Fringe Benefits
Case Laws & Commentary · Income-tax Act, 1961 (as amended by the Finance Act, 2026) · bharattax.co Treatise
Chapter: XII-H — Income-tax on Fringe Benefits (Fringe Benefit Tax). Inserted by the Finance Act, 2005 with effect from assessment year 2006-07.
Operative life: FBT was levied for assessment years 2006-07 to 2009-10. By section 115WM (inserted by the Finance (No. 2) Act, 2009), the Chapter does not apply from assessment year 2010-11 onwards. The sections were NOT omitted — they remain on the statute book but are switched off prospectively.
Finance Act, 2026: Makes no substantive amendment to Chapter XII-H. (The Finance Act, 2026 carries only consequential cross-references to sections 115WD/115WH in a penalty provision; the FBT charge, scope and machinery are untouched.)
Part: C — Procedure for filing of return, assessment and payment.
Parallel: FBT analogue of section 139 (return of income), with its own 'due date', notice-to-file, belated-return and revised-return mechanics.
A. SECTION COMMENTARY
Section 115WD is the return-filing provision of the FBT code, a self-contained mirror of section 139. Sub-section (1) requires every employer who has paid or made provision for fringe benefits to file a return of fringe benefits by the 'due date' — 30 September for companies and persons subject to audit, 31 July for others. Sub-section (2) empowers the Assessing Officer to issue a notice requiring a non-filer to file within 30 days. Sub-section (3) permits a belated return up to one year from the end of the relevant assessment year or before completion of assessment, whichever is earlier. Sub-section (4) permits a revised return within the same outer limit.
Because section 115WD opens 'without prejudice to the provisions contained in section 139', the FBT return is additional to, and independent of, the income return. Section 115WL then imports the general machinery (verification under section 140, processing, consequences of non-filing under sections 271FB/272 etc.) 'so far as may be'. The filing default also triggers interest under section 115WK.
No reported decision turns solely on section 115WD. Its proper construction follows the well-settled jurisprudence on section 139 and on the consequences of belated/defective returns, imported through section 115WL.
B. STATUTORY POSITION (verbatim text)
Section 115WD, Income-tax Act, 1961:
115WD. (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 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.
C. AUTHORITIES
Candour note: there is no FBT-specific reported decision construing section 115WD in isolation. The governing principles are those developed under section 139 and the machinery provisions imported by section 115WL; the FBT return-default also feeds the interest charge in section 115WK (for which the mandatory-interest line below is the nearest authority).
C-1 Return regime read with the imported machinery (section 115WL)
Section 115WL — application of other provisions of the Act
Effect: Section 115WL applies 'all other provisions of this Act' to fringe benefits 'as far as may be'. The section 139 jurisprudence (on due dates, belated and revised returns, and defective returns) therefore governs section 115WD, subject to the FBT-specific time limits in 115WD(3)-(4).
C-2 Consequence of return default — mandatory interest (cognate)
Proposition: Interest under the mandatory machinery provisions of the Act (e.g. sections 234A-234C) is compensatory and mandatory; the levy is automatic and not in the discretion of the authority. Applied to FBT, the interest charges in sections 115WJ and 115WK (and 234A as imported by 115WK(2)) are mandatory in the same way.
Why relevant: Section 115WL applies 'all other provisions of this Act' to fringe benefits; the FBT interest provisions mirror the income-tax interest code, so the Ghaswala principle governs them.
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced verbatim from the Income-tax Act, 1961 (text as printed in the Act, the Chapter remaining on the statute book but rendered inapplicable from assessment year 2010-11 onwards by section 115WM). Citations are stated as reported; rulings of the Authority for Advance Rulings and orders of the Tribunal are flagged as such. Where a section has not been judicially construed, that is stated candidly and the nearest governing authority (including the machinery provisions imported by section 115WL) is given. This material is for professional reference and is not legal advice.
Function in the statutory architecture
Section 115WD is the FBT return provision, a self-contained mirror of s.139. Sub-section (1) requires every employer who has paid or provided for fringe benefits to file a return of fringe benefits by the 'due date' (30 September for companies/audited persons; 31 July otherwise). Sub-section (2) empowers the Assessing Officer to require a non-filer to file within 30 days; sub-sections (3) and (4) permit belated and revised returns within the stated outer limits. Being 'without prejudice to s.139', the FBT return is additional to the income return; s.115WL imports the general return machinery 'so far as may be'.
Historical context / FA amendment trail
Inserted by the Finance Act, 2005 w.e.f. AY 2006-07; due-date Explanation aligned with the s.139 due dates. Inapplicable from AY 2010-11 (s.115WM); no FBT return was due for AY 2010-11 onwards.
Operative consequences
• Due date: 30 September (company/audited employer) or 31 July (others) of the assessment year.
• A non-filer may be served a notice under sub-section (2) requiring filing within 30 days.
• Belated/revised return permitted up to one year from end of AY or before completion of assessment, whichever is earlier.
• Late or non-filing attracts mandatory interest under s.115WK (and penalty/prosecution via s.115WL).
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Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Block 1 reproduces the statutory text verbatim from the Income-tax Act, 1961 (text as printed; the Chapter remains on the statute book but is inapplicable from AY 2010-11 by s.115WM). The Finance Act, 2026 makes no substantive change to Chapter XII-H. Not legal advice.
Case Laws & Commentary
Section 115WD — Return of Fringe Benefits
Case Laws & Commentary · Income-tax Act, 1961 (as amended by the Finance Act, 2026) · bharattax.co Treatise
Chapter: XII-H — Income-tax on Fringe Benefits (Fringe Benefit Tax). Inserted by the Finance Act, 2005 with effect from assessment year 2006-07.
Operative life: FBT was levied for assessment years 2006-07 to 2009-10. By section 115WM (inserted by the Finance (No. 2) Act, 2009), the Chapter does not apply from assessment year 2010-11 onwards. The sections were NOT omitted — they remain on the statute book but are switched off prospectively.
Finance Act, 2026: Makes no substantive amendment to Chapter XII-H. (The Finance Act, 2026 carries only consequential cross-references to sections 115WD/115WH in a penalty provision; the FBT charge, scope and machinery are untouched.)
Part: C — Procedure for filing of return, assessment and payment.
Parallel: FBT analogue of section 139 (return of income), with its own 'due date', notice-to-file, belated-return and revised-return mechanics.
A. SECTION COMMENTARY
Section 115WD is the return-filing provision of the FBT code, a self-contained mirror of section 139. Sub-section (1) requires every employer who has paid or made provision for fringe benefits to file a return of fringe benefits by the 'due date' — 30 September for companies and persons subject to audit, 31 July for others. Sub-section (2) empowers the Assessing Officer to issue a notice requiring a non-filer to file within 30 days. Sub-section (3) permits a belated return up to one year from the end of the relevant assessment year or before completion of assessment, whichever is earlier. Sub-section (4) permits a revised return within the same outer limit.
Because section 115WD opens 'without prejudice to the provisions contained in section 139', the FBT return is additional to, and independent of, the income return. Section 115WL then imports the general machinery (verification under section 140, processing, consequences of non-filing under sections 271FB/272 etc.) 'so far as may be'. The filing default also triggers interest under section 115WK.
No reported decision turns solely on section 115WD. Its proper construction follows the well-settled jurisprudence on section 139 and on the consequences of belated/defective returns, imported through section 115WL.
B. STATUTORY POSITION (verbatim text)
Section 115WD, Income-tax Act, 1961:
115WD. (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 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.
C. AUTHORITIES
Candour note: there is no FBT-specific reported decision construing section 115WD in isolation. The governing principles are those developed under section 139 and the machinery provisions imported by section 115WL; the FBT return-default also feeds the interest charge in section 115WK (for which the mandatory-interest line below is the nearest authority).
C-1 Return regime read with the imported machinery (section 115WL)
Section 115WL — application of other provisions of the Act
Effect: Section 115WL applies 'all other provisions of this Act' to fringe benefits 'as far as may be'. The section 139 jurisprudence (on due dates, belated and revised returns, and defective returns) therefore governs section 115WD, subject to the FBT-specific time limits in 115WD(3)-(4).
C-2 Consequence of return default — mandatory interest (cognate)
CIT v. Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) [Constitution Bench]
Proposition: Interest under the mandatory machinery provisions of the Act (e.g. sections 234A-234C) is compensatory and mandatory; the levy is automatic and not in the discretion of the authority. Applied to FBT, the interest charges in sections 115WJ and 115WK (and 234A as imported by 115WK(2)) are mandatory in the same way.
Why relevant: Section 115WL applies 'all other provisions of this Act' to fringe benefits; the FBT interest provisions mirror the income-tax interest code, so the Ghaswala principle governs them.
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced verbatim from the Income-tax Act, 1961 (text as printed in the Act, the Chapter remaining on the statute book but rendered inapplicable from assessment year 2010-11 onwards by section 115WM). Citations are stated as reported; rulings of the Authority for Advance Rulings and orders of the Tribunal are flagged as such. Where a section has not been judicially construed, that is stated candidly and the nearest governing authority (including the machinery provisions imported by section 115WL) is given. This material is for professional reference and is not legal advice.