Section 4 : Computation of gross profits.
The gross profits derived by an employer from an establishment in respect of the accounting year shall—
(a) in the case of a banking company, be calculated in the manner specified in the First
Schedule;
(b) in any other case, be calculated in the manner specified in the Second Schedule.
Section 5 : Computation of available surplus.
The available surplus in respect of any accounting year shall be the gross profits for that year after deductingtherefrom the sums referred to in section 6;
Provided that the available surplus in respect of the accounting year commencing on any day 1968 and in respect of every subsequent accounting year
shall be the aggregate of —
(a) the gross profits for that accounting year after deducting therefrom the sums referred to in section 6; and
(b) an amount equal to the difference between —
(i) the direct tax, calculated in accordance with the provisions of section 7, in respect of an amount equal to thegross profits of the employer for the immediately preceding accounting year; and
(ii) the direct tax, calculated in accordance with the provisions of section 7, in respect of an amount equal to thegross profits of the employer for such preceding accounting year after deducting therefrom the amount of bonuswhich the employer has paid or is liable to pay to his employees in accordance with the provisions of this Act for thatyear.
Section 6 : Sums deductible from gross profits.
The following sums shall be deducted from the gross profits as prior charges, namely:—
(a) any amount by way of depreciation admissible in accordance with the provisions ofsub-section
(1) of section 32 of the Income tax Act, or in accordance with the provisions of the agricultural income tax law,as the case may be. Provided that where an employer has been paying bonus to his employees under a settlement or anaward or agreement made before the 29th May, 1965, and subsisting on that date after deducting from the gross profitnotional normal depreciation, then, the amount of depreciation to be deducted under this clause shall, at the option of such employer (such option to be exercised once and within one year from the date) continue to be such notional normal depreciation;
(b) any amount by way of development rebate or investment allowance or development allowance which theemployer is entitled to deduct from his income under the income- tax Act;
(c) subject to the provisions of section 7, any direct tax which the employer is liable to pay for the accountingyear in respect of his income, profits and gains during that year;
(d) such further sums as are specified in respect of the employer in the Third Schedule.
Section 7 : Calculation of direct tax payable by the employer.
Any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculatedat the rates applicable to the income of the employer for that year, namely:—
(a) in calculating such tax no account shall be taken of —
(i) any loss incurred by the employer in respect of any previous accounting year and carried forward underany law for the time being in force relating to direct taxes;
(ii) any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation forany following accounting year or years under sub-section (2) of section 32 of the Income-tax Act;
(iii) any exemption conferred on the employer under section 84 of the Income-tax Act or of any deduction to which he isentitled under sub-section (1) of section,101 of that Act, as in force immediately before the commencement of theFinance Act, 1965;
(b) where the employer is a religious or a charitable institution to which the provisions of section 32 do not apply and the whole or any part of its income is exempt from tax under the Income-tax Act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that Act;
(c) where the employer is individual or a Hindu Undivided Family, the tax payable bysuch employer under theIncome-tax Act shall be calculated on the basis that the income derived by him from the establishment is his onlyincome;
(d) where the income of any employer includes any profits and gains derived from the export of any goods or merchandiseout of India and any rebate on such income in allowed under any law for the time being in force relating to direct taxes,then, no account shall be taken of such rebate;
(e) no account shall be taken of any rebate other than development rebate or investment allowance or developmentallowance or credit or relief or deduction (not herein before mentioned in this section) in the payment of any directtax allowed under any law for the time being in force relating to direct taxes or under the relevant annual FinanceAct, for the development of any industry.
Section 8 : Eligibility for bonus.
Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.
Section 9 : Disqualification for bonus.
An employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for —
(a) fraud; or
(b) riotous or violent behaviour while on the premises of the establishment; or
(c) theft, misappropriation or sabotage of any property of the establishment.
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1. What is the Payment of Bonus Act (1965) and what does it cover? |
2. How is bonus calculated under the Payment of Bonus Act (1965)? |
3. What are the eligibility criteria for receiving bonus under the Payment of Bonus Act (1965)? |
4. What are the disqualifications for receiving bonus under the Payment of Bonus Act (1965)? |
5. Can an employer refuse to pay bonus under the Payment of Bonus Act (1965)? |
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