Computation of the Allocable surplus under section 2(4) of Bonus Act
Step 1 – Calculate Gross Profit as per Second Schedule
(Plz note for Banking Company you have to use First Schedule)
[THE SECOND SCHEDULE]
[See section 4(b)] COMPUTATION OF GROSS PROFITS
Accounting Year ending.........
Item No. |
Particulars |
Amount (Rs.) |
1 |
Net Profit as per Profit and Loss Account. |
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2 |
Add back provision for: |
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(a) |
Bonus to employees. |
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(b) |
Depreciation. |
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(c) |
Direct Taxes, including the provision (if any) for previous accounting years- |
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3[(d) |
Development rebate/In vestment See foot-note (1) allowance/Development allowance reserve.] |
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(e) |
Any other reserves. See foot-note- 1 |
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Total of Item No. 2. |
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3 |
Add back also: |
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(a) |
Bonus paid to employees in respect See foot-note (1) of previous accounting years. |
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4[(aa) |
The amount debited in respect of gratuity paid or payable to employees in excess of the aggregate of |
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(i) |
the amount, if any, paid to, or provided for payment to, an approved gratuity fund; and |
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(ii) |
the amount actually paid to employees on their retirement or termination of their on employment for any reason.] |
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(b) |
Donations in excess of the amount admissible for income tax. |
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(c) |
Any annuity due, or commuted value of any annuity paid, under the provisions of section 280D of the Income-tax Act during the accounting year. |
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(d) |
Capital expenditure (other than capital expenditure on scientific research which is allowed as a deduction under any law for the time being in force relating to direct taxes) and capital losses (other than losses on sale of capital assets on which depreciation has been allowed for income-tax or agricultural income tax). |
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(e) |
Losses of, or expenditure relating See foot-note (1) to, any business situated outside India. |
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Total of Item No. 3. |
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4 |
Add also income, profits or gains (if any) credited directly to reserves, other than - |
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(i) |
capital receipts and capital profits (including profits on the sale of capital assets on which depreciation has not been |
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(ii) |
profits of, and receipts relating to, any India; |
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(iii) |
income of foreign concerns from investments outside India. |
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Net total of Item No. 4 |
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5 |
Total of Item Nos. 1, 2, 3 and 4 |
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6 |
Deduct |
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(a) |
Capital receipts and capital profits See foot-note (2) (other than profits on the sale of assets on which depreciation has been allowed for income-tax or agricultural income-tax). |
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(b) |
Profits of, and receipts relating to, any business situated outside India. |
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(c) |
Income of foreign concerns from investments outside India. |
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(d) |
Expenditure or losses (if any) debited directly to reserves, other than- |
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(i) |
capital expenditure and capital losses (other than losses on sale of capital assets on which depreciation has not been allowed for income-tax or agricultural income-tax; |
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(ii) |
losses of any business situated outside India. |
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(e) |
In the case of foreign concerns proportionate (over-head) expenses of Head Office business. |
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(f) |
Refund of any direct tax paid for previous accounting years and |
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(f) |
Refund of any direct tax paid for previous accounting years and |
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(g) |
Cash subsidy, if any, given by the Government or by any body corporate established by any law for the time being in force or by any other agency through budgetary grants, whether given directly or through any agency for specified purposes and the proceeds of which are reserved for such purposes. |
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Total of Item No. 6 |
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7 |
Gross Profit for purposes of bonus (Item No. 5 minus Item No. 6) |
Note:
(1) If, and to the extent, charged to Profit and Loss Account.
(2)If, and to the extent, credited to Profit and Loss Account.
(3)In the proportion of Indian Gross Profit (Item No. 7) to Total World Gross Profit (as per Consolidated Profit and Loss Account, adjusted as in Item No.2 above only)
Step 2 – Calculate Depreciation Under Section 6(a)
It is depreciation admissible in accordance with the provisions of sub-section (1) of section 32 of the Income-tax Act.
Step 3 – Calculate Development Rebate or Development Allowance Section 6(b)
It is development rebate or investment allowance or development allowance which the employer is entitled to deduct from his income under the income-tax Act.
Step 4 – Calculate Direct Taxes payable by Employer
It is any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during that year as per Income Tax Act.
Step 5 – Calculate sum as specified under the third schedule to the Act
Particulars |
Amt (Rs.) |
1 : Company, other than a Banking Company: |
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(i) The dividends payable on its preference share capital for the accounting year calculated at the actual rate at which such dividends are payable; |
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(ii) 8.5 per cent of its paid up equity sharecapitalasatthe commencement of the accounting year; |
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(iii) 6 per cent of its reserves shown in its balance-sheet as at the commencement of the accounting year, including any profits carried forward from the previous accounting year: Provided that where the employer is a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956), the total amount to be deducted under this Item shall be 8.5 per cent, on the aggregate of the value of the net fixed assets and the current assets of the company in India after deducting the amount of its current liabilities (other than any amount shown as payable by the |
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company to its Head Office whether towards any advance made by the Head Office or otherwise or any interest paid by the company to its Head Office) in India. |
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2. Any other employer not being Banking Co., Corporation or Co-operative society |
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8.5 per cent, of the capital invested by him in his establishment as |
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Provided that where such employer is a person to whom Chapter XXII-A |
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3. Where such employer is a firm |
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An amount equal to 25 per cent, of the gross profits derived by it from the establishment in respect of the accounting year after deducting depreciation in accordance with the provisions of clause (a) of section 6 by way of remuneration to all the partners taking part in the conduct of |
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but where the partnership agreement, whether oral or written, provides for the payment of remuneration to any such partner, |
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(ii) forty-eight thousand rupees, whichever is less, by way of remuneration to such employer, shall also be deducted. |
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4. Where such employer is an individual or a Hindu undivided family |
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(i) an amount equal to 25 per cent, of the gross profits derived by such employer from the establishment in respect of the accounting year after deducting depreciation in accordance with the provisions of clause (a) of |
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(ii) forty-eight thousand rupees, whichever is less, by way of remuneration to such employer, shall also be deducted. |
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Explanation.—The expression “reserves” shall not include any amount set apart for the purpose of—
(i) payment of any direct tax which, according to the balance-sheet, would be payable;
(ii) meeting any depreciation admissible in accordance with the provisions of clause (a) of section 6;
(iii) payment of dividends which have been declared, but shall include:
(a) any amount, over and above the amount referred to in clause (i) of this Explanation, set apart as specific reserve for purpose of payment of any direct lax; and
(b) any amount set apart for meeting any depreciation in excess of the amount admissible in accordance with the provisions of clause (a) of section 6.
Step 6 – Calculation of Available Surplus:
It is equal to amount arrived at Step -1 less sum of amount arrived at Step 2 to Step 5
Step 7 – Calculation of Allocable Surplus:
It is equal to 60% (67% in case of foreign company) of amount arrived under Step 6.