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Unit 12: Divisible Profits and Managerial Remuneration




                                                                                                Notes
              Where the effective capital of the company is   Monthly salary payable shall not exceed
              (i)   less than   1 crore.                             75,000
              (ii)   rupees 1 crore or more but less than   5 crore.    1,00,000
              (iii)    5 crore or more but less than   25 crore.     1,25,000
              (iv)    25 crore or more but less than   100 crore.    1,50,000
              (v)     100 crore or more.                             2,00,000
          Explanation I: For the purpose of section II of this part, “effective capital” means the aggregate

          of:
          (i)  Paid up share capital (excluding share application money or advances against shares).
          (ii)  Credit balance of share premium account.

          (iii)  Reserve and surplus (excluding revaluation reserve).
          (iv)  Long-term loans and deposits repayable after one year (excluding working capital, loans,
               overdrafts, interest due on loans unless funded, bank guarantee etc., and other short-term
               arrangements) as reduced by:
               (a)  Aggregate of any investments (except in the case of investment by an investment
                    company whose principal business  is acquisition of shares, stock, debentures, or
                    other securities).
               (b)  Accumulated losses not written off.

               (c)  Preliminary expenses not written off.
          Explanation II:
          (a)  Where the appointment of the managerial person is made in the year in which the company
               has been incorporated, the effective capital shall be calculated as on the  date of such
               appointment.
          (b)  In any other cases, the effective capital shall be calculated as on the last date of the financial
               year preceding the financial year in which the appointment of managerial person is made.

          Perquisites

          2.   A managerial person shall be eligible to the following perquisites which  shall not be
               included in the computation of the ceiling on the remuneration specified in the paragraph
               1 of this section:
               (i)  Contribution to provident fund, superannuation fund or annuity fund to the extent
                    these either single or put together are not taxable under the Income Tax Act 1961.
               (ii)  Gratuity payable at a rate not exceeding half a month’s salary for each completed
                    year of service.

               (iii)  Encashment of leave at the end of the tenure.
          Perquisites for Expatriates


          3.   In addition  to  the perquisites specified in  paragraph 2  of this  section, an  expatriate
               managerial person (including Non-resident Indians) shall  be eligible to the following
               perquisites which shall not be included in the computation of the ceiling on remuneration
               specified in paragraph 1 of this section:




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