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Union of India - Section

Section 115WJ in The Income Tax Act, 1961

115WJ. Advance tax in respect of fringe benefits.

(1)Every assessee who is liable to pay advance tax under section 115-WI, shall on his own accord, pay advance tax on his current fringe benefits calculated in the manner laid down in sub-section (2) .
(2)[ Advance tax on the current fringe benefits shall be payable by-
(a)all the companies, who are liable to pay the same in four instalments during each financial year and the due date of each instalment and the amount of such instalment shall be as specified in Table I below:
TABLE I
Due date of instalment Amount payable
On or before the 15thJune Not less than fifteen per cent of such advance tax.
On or before the 15thSeptember Not less than forty-five per cent of such advance tax asreduced by the amount, if any, paid in the earlier instalment.
On or before the 15thDecember Not less than seventy-five per cent of such advance tax asreduced by the amount or amounts, if any, paid in the earlier instalment orinstalments.
On or before the 15thMarch The whole amount of such advance tax as reduced by theamount or amounts, if any, paid in the earlier instalment or instalments;
(b)all the assesses (other than companies), who are liable to pay the same in three instalments during each financial year and the due date of each instalment and the amount of such instalment shall be as specified in Table II below:
TABLE II
Due date of instalment Amount payable
On or before the 15thSeptember Not less than thirty per cent of such advance tax.
On or before the 15thDecember Not less than sixty per cent of such advance tax asreduced by the amount, if any, paid in the earlier instalment.
On or before the 15thMarch The whole amount of such advance tax as reduced by theamount or amounts, if any, paid in the earlier instalment or instalments.
(3)Where an assessee, being a company, has failed to pay the advance tax payable by him on or before the due date for any instalment or where the advance tax paid by him is less than the amount payable by the due date, he shall be liable to pay simple interest calculated at the rate of-
(i)one per cent. per month, for three months on an amount by which the advance tax paid on or before the 15th June of the financial year falls short of fifteen per cent of the advance tax payable;
(ii)one per cent. per month, for three months on an amount by which the advance tax paid on or before the 15th September of the financial year falls short of forty-five per cent of the advance tax payable;
(iii)one per cent. per month, for three months on an amount by which the advance tax paid on or before the 15th December of the financial year falls short of seventy-five per cent of the advance tax payable; and
(iv)one per cent. on an amount by which the advance tax paid on or before the 15th March of the financial year falls short of hundred per cent of the advance tax payable.
(4)Where an assessee, being a person other than a company, has failed to pay the advance tax payable by him on or before the due date for any instalment or where the advance tax paid by him is less than the amount payable by the due date, he shall be liable to pay simple interest calculated at the rate of-
(i)one per cent. per month, for three months on an amount by which the advance tax paid on or before the 15th September of the financial year falls short of thirty per cent of the advance tax payable;
(ii)one per cent. per month, for three months on an amount by which the advance tax paid on or before the 15th December of the financial year falls short of sixty per cent of the advance tax payable; and
(iii)one per cent. on an amount by which the advance tax paid on or before the 15th March of the financial year falls short of hundred per cent of the advance tax payable.
(5)Where an assessee has failed to pay the advance tax payable by him during a financial year or where the advance tax paid by him is less than ninety per cent of the tax assessed under section 115-WE or section 115-WF or section 115-WG, the assessee shall be liable to pay simple interest at the rate of one per cent per month, for every month or part of a month comprised in the period from the 1st day of April next following such financial year to the date of assessment of tax under section 115-WE or section 115-WF or section 115-WG.] [Substituted by Act 22 of 2007, Section 40, for sub-Sections (2) and (3) (w.e.f. 1.6.2007).]