Query on bonus

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my client has paid the bonus for thy year 2011-12 on november 2012. is there any time limit in which bonus payment is to be made? or it can be paid whenever management wants????

Replies (5)

Nayan,

There is the time limit for the payment of Bonus under Payment of Bonus Act 

 

Time-limit for payment  of bonus.-
1*[All amounts] payable to  an employee  by way  of bonus  under this Act shall be paid in cash by 
 his employer-- 
           (a) where  there is  a dispute  regarding payment  of  bonus 
                pending before any authority under section 22, within a 
                month  from   the  date  on  which  the  award  becomes 
                enforceable or  the settlement comes into operation, in 
                respect of such dispute; 
  
           (b) in  any other case, within a period of eight months from 
                the close of the accounting year: 
 
Provided that the appropriate Government or such authority as the 
appropriate Government  may  specify  in  this  behalf  may,  upon  an 
application made  to it by the employer and for sufficient reasons, by 
order, extend  the said  period of eight months to such further period 
 or periods  as it  thinks fit;  so, however,  that the total period so 
 extended shall not in any case exceed two years. 
 
may this will help you.
 
Thanks

thank you. it means a lot for me.

As per the PBA 1956 bonus is requried to be paid withing 8 months from teh end of the accounting year.  as the bonus is being paid in nov12 so tehre's no default on part of teh employer.

However as per section 43B of teh I-T Act, the bonus paid would get disallowed as it is paid after the due date of furnishing teh retunr i.e 31st Jul or 30th Sept as teh case maybe.  This can be however claimed in teh subsequent A.Y.

being cash paid to mr ...... towards reimbursement of petrol bills of JULY , entry passed in november, ie after 3 month. is it correct?

Nayan,

Yes it is correct, because it relates to the same financial year.

Thanks

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