Master in Accounts & high court Advocate
9610 Points
Posted on 14 November 2024
To compute net profit under Section 198 of the Companies Act for determining applicability of CSR under Section 135, follow these steps:
1. Calculate the net profit before tax (PBT) for the financial year.
2. Adjust PBT by adding back: - Income-tax paid/payable - Wealth tax paid/payable (if applicable) - Dividend received from subsidiary companies (if applicable)
3. Subtract: - Dividend paid/payable - Provision for income tax - Provision for wealth tax (if applicable)
4. Calculate the average net profit for the preceding three financial years (if applicable).
5. Compare the average net profit with the threshold limit specified under Section 135 (currently ₹5 crores).
If the average net profit exceeds the threshold limit, the company is required to comply with CSR provisions under Section 135.
Here's a simple example:
PBT = ₹100 crores Add back: Income-tax paid/payable = ₹15 crores Wealth tax paid/payable = ₹0 (not applicable) Dividend received = ₹5 crores Total adjustments = ₹20 crores Adjusted PBT = ₹100 crores + ₹20 crores = ₹120 crores
Subtract: Dividend paid/payable = ₹10 crores Provision for income tax = ₹25 crores Provision for wealth tax = ₹0 (not applicable) Net profit = ₹120 crores - ₹35 crores = ₹85 crores Average net profit (preceding 3 years) = ₹80 crores
Since the average net profit exceeds the threshold limit (₹5 crores), the company is required to comply with CSR provisions.