Section 349 Determination of net profits.
(1) In computing the net profits of a company in any financial year -
(a) credit shall be given for the sums specified in sub-section (2) and credit shall not be given for those specified in sub-section (3) ; and
(b) the sums specified in sub-section (4) shall be deducted, and those specified in sub-section (5) shall not be deducted,
(2) In making the computation aforesaid, credit shall be given for the following sums:- bounties and subsidies received from any Government, or any public authority constituted or authorised in this behalf, by any Government, unless and except in so far as the Central Government otherwise directs.
(3) In making the computation aforesaid, credit shall not be given for the following sums: -
(a) profits, by way of premium, on shares or debentures of the company, which are issued or sold by the company;
(b) profits on sales by the company of forfeited shares;
(c) Profits of a capital nature including profits from the sale of the undertaking or any of the undertakings of the company or of any part thereof;
(d) profits from the sale of any immovable property or fixed assets of a capital nature comprised in the undertaking or any of the undertakings of the company, unless the business of the company consists, whether wholly or partly, of buying and selling any such Property or assets :
Provided that where the amount for which any fixed asset is sold exceeds the written down value thereof referred to in section 350, credit shall be given for so much of the excess as is not higher than the difference between the original cost of that fixed asset and its written down value.
(4)In making the computation aforesaid, the following sums shall be deducted :-
(a) all the usual working charges ;
(b) directors' remuneration ;
(c) bonus or commission paid or payable to any member of the company's staff, or to any engineer, technician or person employed or engaged by the company, whether on a whole-time or on a part-time basis ;
(d) any tax notified by the Central Government as being in the nature of a tax on excess or abnormal profits
(e) any tax on business profits imposed for special reasons or in special circumstances and notified by the Central Government in this behalf ;
(f) interest on debentures issued by the company;
(g) interest on mortgages executed by the company and on loans and advances secured by a charge on its fixed or floating assets
(h) interest on unsecured loans and advances ;
(i) expenses on repairs, whether to immovable or to movable property, provided the repairs are not of a capital nature ;
(j) out goings inclusive of contributions made under clause (e) of sub-section (1) of section 293;
(k) depreciation to the extent specified in section 350 ;
(l) the excess of expenditure over income, which had arisen in computing the net profits in accordance with this section in any year which begins at or after the commencement of this Act, in so far as such excess has not been deducted in any subsequent year preceding the year in respect of which the net profits have to be ascertained.
(m) any compensation or damages to be paid in virtue of any legal liability including a liability, including a liability arising from a breach of contract;
(n) any sum paid by way of insurance against the risk of meeting any liability such as is referred to in clause (m);
(o) debts considered bad and written off or adjusted during the year of account.
*Note: Inserted by the Companies (Second Amendment) Act, 2002 (w.e.f. a date yet to be notified).
*[(p) amount paid as cess under section 441A.]
(5) In making the computation aforesaid, the following sums shall not be deducted:-
(a) [Omitted with effect from 13-12-2000]
(b) income-tax and super tax payable by the company under the Indian Income tax Act, 1922 (11 of 1922) or any other any other tax on the Income of the company not falling under clauses (d) and (e) of sub-section(4);
(c) any compensation, damages or payments made voluntarily, that is to say, other wise than in virtue of a liability such as is referred to in clause(m) of sub-section(4);
(d) loss of a capital nature including loss on sale of the undertaking or any of the undertakings of the company or of any part thereof not including any excess referred to in the proviso to section 350 of the written down value of any asset which is sold, discarded, demolished or destroyed over its sale proceeds or its scrap value.