Corporate social responsibility

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 September 2017 As per Section 135 (1) of Companies Act, 2013

Every company having net worth of rupees five hundred crore or more, or turnover of rupees one
thousand crore or more or a net profit of rupees five crore or more during any financial year
shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or
more directors, out of which at least one director shall be an independent director.

Question- whether the net profit which is mentioned above under section 135(1) is Net Profit
after tax or Net Profit Before tax?
Because Nowhere in Companies act, 2013 it is defined whether it is Net Profit Before Tax or Net
profit After Tax.

Once ministry came out with
General Circular No. 01/2016 No. 05/19/2015-CSR

And in the circular, it is defined in reference to
Question-Whether the “average net profit” criteria for section 135(5) is Net Profit Before tax or
Net Profit After Tax
Answer- computation of net profit for section 135 is as per section 198 of the companies Act,
2013 which is primarily Profit Before tax.

SO I WANT TO KNOW FOR CSR APPLICABILITY UNDER SECTION 135(1) WE HAVE TO CONSIDER NET PROFIT AFTER TAX OR NET PROFIT BEFORE TAX?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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15 September 2017 Net Profit before tax as per books.

Querist : Anonymous

Querist : Anonymous (Querist)

15 September 2017 Dear Sir

Thanks

But still please check once again because everywhere it is written for the purpose of calculating Average Net profit we have to consider net profit before tax of preceding 3 years,

But nowhere it is written for Section 135(1) we have also consider Net profit Before tax.
If you have any notification or proof or any judgement. Please share sir

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