IAS Global Watch*



January 29, 2010

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India - Fringe Benefit Taxes paid in the financial year 2009-10 to be adjusted with income tax liability

The Fringe Benefit Taxes (FBT) was introduced in the Indian financial year 2005-06 and was abolished in July 2009 with effect from April 1, 2009 (Indian financial year 2009-10). FBT was payable in advance in four quarterly installments and accordingly, the first installment of advance tax of FBT would have been due, prior to it being abolished, in July 2009. To date, there was a lacuna as to how the FBT paid in advance for the current financial year would be refunded back to the assessee.

The Central Board of Direct Taxes (CBDT) has today come out with a circular that the FBT paid can now be adjusted against the income tax obligation payable in advance with respect to the income pertaining to the Indian financial year 2009-10, and in cases of losses etc, the unadjusted amount, if any, can be claimed as a refund.

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