Section 115WI establishes the advance-payment obligation — the FBT counterpart of s.207. Notwithstanding that the regular FBT assessment is made in a later year, the tax on fringe benefits is payable in advance during the financial year in respect of the benefits chargeable for the immediately following assessment year (defined as the 'current fringe benefits'). It feeds the instalment and interest machinery of s.115WJ.
Historical context / FA amendment trail
Inserted by the Finance Act, 2005 w.e.f. AY 2006-07. Inapplicable from AY 2010-11 (s.115WM).
Operative consequences
• Advance FBT is payable on 'current fringe benefits' during the financial year itself.
• Quantum and instalment schedule are governed by s.115WJ.
• Default attracts the compensatory, mandatory interest in s.115WJ (Ghaswala).
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 115WI — Payment of Fringe Benefit Tax (in advance)
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 207 (liability to pay advance tax).
A. SECTION COMMENTARY
Section 115WI establishes the advance-payment obligation. Notwithstanding that the regular FBT assessment is made in a later year, the tax on fringe benefits is payable in advance during the financial year in respect of the fringe benefits chargeable for the immediately following assessment year — these being defined as the 'current fringe benefits'. It is the FBT counterpart of section 207, and it feeds into the instalment machinery of section 115WJ.
The section is purely a charging-of-advance-liability provision; the quantum, instalments and default interest are in section 115WJ. There is no reported FBT-specific decision on section 115WI; the advance-tax jurisprudence (the pay-as-you-earn scheme and the compensatory character of advance-tax interest) governs through section 115WL.
B. STATUTORY POSITION (verbatim text)
Section 115WI, Income-tax Act, 1961:
115WI. Notwithstanding that the regular assessment in respect of any fringe benefits is to be made in a later assessment year, the tax on such fringe benefits shall be payable in advance during any financial year, in accordance with the provisions of section 115WJ, in respect of the fringe benefits which would be chargeable to tax for the assessment year immediately following that financial year, such fringe benefits being hereafter in this Chapter referred to as the "current fringe benefits".
C. AUTHORITIES
Candour note: no FBT-specific reported decision construes section 115WI. As the FBT mirror of section 207, it is read with section 115WJ; the compensatory/mandatory character of advance-tax interest (Ghaswala) governs defaults.
C-1 Advance-tax liability and 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 115WI establishes the advance-payment obligation — the FBT counterpart of s.207. Notwithstanding that the regular FBT assessment is made in a later year, the tax on fringe benefits is payable in advance during the financial year in respect of the benefits chargeable for the immediately following assessment year (defined as the 'current fringe benefits'). It feeds the instalment and interest machinery of s.115WJ.
Historical context / FA amendment trail
Inserted by the Finance Act, 2005 w.e.f. AY 2006-07. Inapplicable from AY 2010-11 (s.115WM).
Operative consequences
• Advance FBT is payable on 'current fringe benefits' during the financial year itself.
• Quantum and instalment schedule are governed by s.115WJ.
• Default attracts the compensatory, mandatory interest in s.115WJ (Ghaswala).
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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 115WI — Payment of Fringe Benefit Tax (in advance)
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 207 (liability to pay advance tax).
A. SECTION COMMENTARY
Section 115WI establishes the advance-payment obligation. Notwithstanding that the regular FBT assessment is made in a later year, the tax on fringe benefits is payable in advance during the financial year in respect of the fringe benefits chargeable for the immediately following assessment year — these being defined as the 'current fringe benefits'. It is the FBT counterpart of section 207, and it feeds into the instalment machinery of section 115WJ.
The section is purely a charging-of-advance-liability provision; the quantum, instalments and default interest are in section 115WJ. There is no reported FBT-specific decision on section 115WI; the advance-tax jurisprudence (the pay-as-you-earn scheme and the compensatory character of advance-tax interest) governs through section 115WL.
B. STATUTORY POSITION (verbatim text)
Section 115WI, Income-tax Act, 1961:
115WI. Notwithstanding that the regular assessment in respect of any fringe benefits is to be made in a later assessment year, the tax on such fringe benefits shall be payable in advance during any financial year, in accordance with the provisions of section 115WJ, in respect of the fringe benefits which would be chargeable to tax for the assessment year immediately following that financial year, such fringe benefits being hereafter in this Chapter referred to as the "current fringe benefits".
C. AUTHORITIES
Candour note: no FBT-specific reported decision construes section 115WI. As the FBT mirror of section 207, it is read with section 115WJ; the compensatory/mandatory character of advance-tax interest (Ghaswala) governs defaults.
C-1 Advance-tax liability and 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.