Income Tax Act, 1961
Section 115W: Definitions.—In this Chapter, unless the context otherwise requires,—
115W. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “employer” means,—
(i) a company;
(ii) a firm;
2[(iii) an association of persons or a body of individuals, whether incorporated or not;]
(iv) a local authority; and
(v) every artificial juridical person, not falling within any of the preceding sub-clauses:
3[Provided that any person eligible for exemption under clause (23C) of section 10 or
registered under section 12AA or a political party registered under section 29A of the
Representation of the People Act, 1951 (43 of 1951) shall not be deemed to be an employer for
the purposes of this Chapter;]
(b) “fringe benefit tax” or “tax” means the tax chargeable under section 115WA.
B.—Basis of charge
115WA. Charge of fringe benefit tax.—(1) In addition to the income-tax charged under this Act,
there shall be charged for every assessment year commencing on or after the 1st day of April, 2006,
additional income-tax (in this Act referred to as fringe benefit tax) in respect of the fringe benefits
provided or deemed to have been provided by an employer to his employees during the previous year at
the rate of thirty per cent on the value of such fringe benefits.
(2) Notwithstanding that no income-tax is payable by an employer on his total income computed in
accordance with the provisions of this Act, the tax on fringe benefits shall be payable by such employer.
115WB. Fringe benefits.—(1) For the purposes of this Chapter, “fringe benefits” means any
consideration for employment provided by way of—
(a) any privilege, service, facility or amenity, directly or indirectly, provided by an employer,
whether by way of reimbursement or otherwise, to his employees (including former employee or
employees);
(b) any free or concessional ticket provided by the employer for private journeys of his
employees or their family members; 4***
(c) any contribution by the employer to an approved superannuation fund for 5[employees; and]
5[(d) anyspecified security or sweat equity shares allotted or transferred, directly or indirectly, by
the employer free of cost or at concessional rate to his employees (including former employee or
employees).
“employer” means,—
a company;
a firm;
2[
an association of persons or a body of individuals, whether incorporated or not;]
a local authority; and
every artificial juridical person, not falling within any of the preceding sub-clauses:
3[Provided that any person eligible for exemption under clause
of section 10 or
registered under section 12AA or a political party registered under section 29A of the
Representation of the People Act, 1951 (43 of 1951) shall not be deemed to be an employer for
the purposes of this Chapter;]
“fringe benefit tax” or “tax” means the tax chargeable under section 115WA.
B.—Basis of charge
115WA. Charge of fringe benefit tax.—
In addition to the income-tax charged under this Act,
there shall be charged for every assessment year commencing on or after the 1st day of April, 2006,
additional income-tax (in this Act referred to as fringe benefit tax) in respect of the fringe benefits
provided or deemed to have been provided by an employer to his employees during the previous year at
the rate of thirty per cent on the value of such fringe benefits.
Notwithstanding that no income-tax is payable by an employer on his total income computed in
accordance with the provisions of this Act, the tax on fringe benefits shall be payable by such employer.
115WB. Fringe benefits.—
For the purposes of this Chapter, “fringe benefits” means any
consideration for employment provided by way of—
any privilege, service, facility or amenity, directly or indirectly, provided by an employer,
whether by way of reimbursement or otherwise, to his employees (including former employee or
employees);
any free or concessional ticket provided by the employer for private journeys of his
employees or their family members; 4***
any contribution by the employer to an approved superannuation fund for 5[employees; and]
5[
anyspecified security or sweat equity shares allotted or transferred, directly or indirectly, by
the employer free of cost or at concessional rate to his employees (including former employee or
employees).