Companies Act, 1956
Requirements as to Profit and Loss Account
1.The provisions of this Part shall apply to the income and expenditure account referred to in sub-section (2) of section 210 of the Act, in like manner as they apply to a profit and loss account, but subject to the modification of references as specified in that sub-section.
2.The profit and loss account -
(a) shall be so made out as clearly to disclose the result of the working of the company during the period covered by the account ; and
(b) shall disclose every material feature, including credits or receipts and debits or expenses in respect of non-recurring transactions or transactions of an exceptional nature.
3.The profit and loss account shall set out the various items relating to the income and expenditure of the company arranged under the most convenient heads ; and in particular, shall disclose the following information in respect of the period covered by the account :-
(i) (a) The turnover, that is, the aggregate amount for which sales are effected by the company, giving the amount of sales in respect of each class of goods dealt with by the company, and indicating the quantities of such sales for each class separately.
(b) Commission paid to sole selling agents within the meaning of section 294 of the Act.
(c) Commission paid to other selling agents
(d) Brokerage and discount on sales, other than the usual trade discount.
(ii) (a) In the case of manufacturing companies, -
(1) The value of the raw materials consumed, giving item-wise break-up and indicating the quantities thereof. In this break-up, as far as possible, all important basic raw materials shall be shown as separate items. The intermediates or components procured from other manufacturers may, if their list is too large to be included in the break-up, be grouped under suitable headings without mentioning the quantities, provided all those items which in value individually account for 10 per-cent or more of the total value of the raw material consumed shall be shown as separate and distinct items with quantities thereof in the break-up.
(2) The opening and closing stocks of goods produced, giving break-up in respect of each class of goods and indicating the quantities thereof.
(b) In the case of trading companies, the purchases made and the opening and closing stocks, giving break-up in respect of each class of goods traded in by the company and indicating the quantities thereof.
(c) In the case of companies rendering or supplying services, the gross income derived from services rendered or supplied.
(d) In the case of a company, which falls under more than one of the categories mentioned in (a), (b) and (c) above, it shall be sufficient compliance with the requirements herein if the total amounts are shown in respect of the opening and closing stocks, purchases, sales and consumption of raw material with value and quantitative break-up and the gross income from services rendered is shown
(e) In the case of other companies, the gross income derived under different heads
Note 1 - The quantities of raw materials purchases, stocks, and the turnover shall be expressed in quantitative denominations in which these are normally purchased or sold in the market.
Note 2 - For the purpose of items (ii)(a), (ii)(b) and (ii)(d), the items for which the company is holding separate industrial licenses, shall be treated as separate classes of goods, but where a company has more than one industrial license for production of the same item at different places or for expansion of the licensed capacity, the item covered by all such licenses shall be treated as one class. In the case of trading companies, the imported items shall be classified in accordance with the classification adopted by the Chief Controller of Imports and Exports in granting the import licenses.
Note 3 - In giving the break-up of purchases, stocks and turnover, items like spare parts and accessories, the list of which is too large to be included in the break-up, may be grouped under suitable headings without quantities, provided all those items, which in value individually account for 10 per-cent or more of the total value of the purchases, stocks, or turnover, as the case may be, are shown as separate and distinct items with quantities thereof in the break-up.
(iii) In the case of all concerns having works-in-progress, the amounts for which such works have been completed at the commencement and at the end of the accounting period.
(iv) The amount provided for depreciation, renewals or diminution in value of fixed assets.
If such provision is not made by means of a depreciation charge, the method dopted for making such provision.
If no provision is made for depreciation, the fact that no provision has been made shall be stated and the quantum of arrears of depreciation computed in accordance with section 205(2) of the Act shall be disclosed by way of a note.
(v) The amount of interest on the company's debentures and other fixed loans, that is to say, loans for fixed periods, stating separately the amount of interest, if any, paid or payable to the managing director and the manager, if any.
(vi)The amount of charge for Indian income-tax and other Indian taxation on profits, including, where practicable, with Indian income-tax any taxation imposed elsewhere to the extent of the relief, if any, from Indian income-tax and distinguishing, where practicable, between income-tax and other taxation.
(vii) The amounts reserved for -
(a) repayment of share capital ; and
(b) repayment of loans
(viii)(a)The aggregate, if material, of any amounts set aside or proposed to be set aside, to reserves, but not including provisions made to meet any specific liability, contingency or commitment known to exist at the date as at which the balance-sheet is made up.
(b)The aggregate, if material, of any amounts withdrawn from such reserves.
(ix)(a) The aggregate, if material, of the amounts to set aside to provisions made for meeting specific liabilities, contingencies or commitments.
(b)The aggregate, if material, of the amounts withdrawn from such provisions, as no longer required.
(x) Expenditure incurred on each of the following items, separately for each item :-
(a) Consumption of stores and spare parts.
(b) Power and fuel.
(d) Repairs to buildings.
(e) Repairs to machinery.
(f) (1) Salaries, wages and bonus.
(2) Contribution to provident and other funds.
(3)Workmen and staff welfare expenses to the extent not adjusted from any previous provision or reserve.
Note 1 - Information in respect of this item should also be given in the balance-sheet under the relevant provision or reserve account.
Note 2. (Omitted by GSR 723(E) dt. 18.09.90
(h) Rates and taxes, excluding taxes on income.
(i) Miscellaneous expenses :
Provided that any item under which the expenses exceed one per cent of the total revenue of the company or Rs. 5,000 whichever is higher shall be shown as a separate and distinct item against an appropriate account head in the Profit and Loss Account and shall not be combined with any other item to be shown Under 'Miscellaneous expenses'.
(xi) (a)The amount of income from investments, distinguishing between trade investments and other investments.
(b)Other income by way of interest, specifying the nature of the income.
(c) The amount of income-tax deducted if the gross income is stated under sub-paragraphs (a) and (b) above.
(xii)(a)Profits or losses on investments showing distinctly the extent of the profits and losses earned or incurred on account of membership of a partnership firm to the extent not adjusted from any previous provision or reserve.
Note - Information in respect of this item should also be given in the balance-sheet under the relevant provision or reserve account.
(b)Profits or losses in respect of transactions of a kind, not usually undertaken by the company or undertaken in circumstances of an exceptional or non-recurring nature, if material in amount.
(xiii)(a)Dividends from subsidiary companies.
(b)Provisions for losses of subsidiary companies.
(xiv)The aggregate amount of the dividends paid, and proposed, and stating whether such amounts are subject to deduction of income-tax or not.
(xv)Amount, if material, by which any items shown in the profit and loss account are affected by any change in the basis of accounting.
4.The profit and loss account shall also contain or give by way of a note detailed information, showing separately the following payments provided or made during the financial year to the directors (including managing directors), or manager, if any, by the company, the subsidiaries of the company and any other person :-
(i)managerial remuneration under section 198 of the Act paid or payable during the financial year to the directors (including managing directors), or manager, if any ;
(vi)other allowances and commission including guarantee commission (details to be given) ;
(vii)any other perquisites or benefits in cash or in kind (stating approximate money value where practicable) ;
(viii)pensions, etc., -
(c) payments from provident funds, in excess of own subscriptions and interest thereon,
(d) compensation for loss of office,
(e) consideration in connection with retirement from office.
4A. The profit and loss account shall contain or give by way of a note a statement showing the computation of net profits in accordance with section 349 of the Act with relevant details of the calculation of the commissions payable by way of percentage of such profits to the directors (including managing directors), or manager (if any).
4B.The profit and loss account shall further contain or give by way of a note detailed information in regard to amounts paid to the auditor, whether as fees, expenses or otherwise for services rendered –
(a) as auditor ;
(b) as adviser, or in any other capacity, in respect of –
(i) taxation matters ;
(ii) company law matters ;
(iii) management services ; and
(c) in any other manner.
4C.In the case of a manufacturing companies, the profit and loss account shall also contain, by way of a note in respect of each class of goods manufactured, detailed quantitative information in regard to the following, namely :-
(a) the licensed capacity (where license is in force) ;
(b) the installed capacity ; and
(c) the actual production.
Note 1.- The licensed capacity and installed capacity of the company as on the last date of the year to which the profit and loss account relates, shall be mentioned against items (a) and (b) above, respectively.
Note 2. - Against item (c), the actual production in respect of the finished products meant for sale shall be mentioned. In cases where semi-processed products are also sold by the company, separate details thereof shall be given.
Note 3. - For the purpose of this paragraph, the items for which the company is holding separate industrial licenses shall be treated as separate classes of goods but where a company has more than one industrial license for production of the same item at different places or for expansion of the licensed capacity, the item covered by all such licenses shall be treated as one class.
4D.The profit and loss account shall also contain by way of a note the following information, namely :-
(a) value of imports calculated on C.I.F. basis by the company during the financial year in respect of :-
(i) raw materials ;
(ii) components and spare parts ;
(iii) capital goods ;
(b) expenditure in foreign currency during the financial year on account of royalty, know-how, professional, consultation fees, interest, and other matters ;
(c) value of all imported raw materials, spare parts and components consumed during the financial year and the value of all indigenous raw materials, spare parts and components similarly consumed and the percentage of each to the total consumption ;
(d) the amount remitted during the year in foreign currencies on account of dividends, with a specific mention of the number of non-resident shareholders, the number of shares held by them on which the dividends related ;
(e) earnings in foreign exchange classified under the following heads, namely :-
(i) export of goods calculated on F.O.B. basis ;
(ii) royalty, know-how, professional and consultation fees ;
(iii) interest and dividend ;
(iv) other income, indicating the nature thereof.
5. The Central Government may direct that a company shall not be obliged to show the amount set aside to provisions other than those relating to depreciation, renewal or diminution in value of assets, if the Central Government is satisfied that the information should not be disclosed in the public interest and would prejudice the company, but subject to the condition that in any heading stating an amount arrived at after taking into account the amount set aside as such, the provision shall be so framed or marked as to indicate that fact.
6. (1) Except in the case of the first profit and loss account laid before the company after the commencement of the Act, the corresponding amounts for the immediately preceding financial year for all items shown in the profit and loss account shall also be given in the profit and loss account.
(2)The requirement in sub-clause (1) shall, in the case of companies preparing quarterly or half-yearly accounts, relate to the profit and loss account for the period which entered on the corresponding date of the previous year.