Section 115WH:
Issue of notice where fringe benefits have escaped assessment.
(1) Before making the
assessment or reassessment under section 115WG, the Assessing Officer shall serve on the assessee a
notice requiring him to furnish within such period as may be specified in the notice, a return of the fringe
benefits in respect of which he is assessable under this Chapter during the previous year corresponding to
the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting
forth such other particulars as may be prescribed, and the provisions of this Chapter shall, so far as may
be, apply accordingly as if such return were a return required to be furnished under section 115WD.
(2) The Assessing Officer shall, before issuing any notice under this section, record his reasons for
doing so.
(3) No notice under sub-section (1) shall be issued for the relevant assessment year after the expiry of
six years from the end of the relevant assessment year.
Explanation.—In determining fringe benefits chargeable to tax which have escaped assessment for
the purposes of this sub-section, the provisions of the Explanation to section 115WG shall apply as they
apply for the purposes of that section.
(4) In a case where an assessment under sub-section (3) of section 115WE or section 115WG has
been made for the relevant assessment year, no notice shall be issued under sub-section (1) by an
Assessing Officer, after the expiry of four years from the end of the relevant assessment year, unless the
1
Principal Chief Commissioner or Chief Commissioner or 2
Principal Commissioner or Commissioner
is satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for the issue of such
notice.
Notes:
1. Subs. by Act 25 of 2014, s. 4, for “Chief Commissioner” (w.r.e.f. 1-6-2013).
2. Subs. by s. 4, ibid., for “Commissioner” (w.e.f. 1-6-2013).