Section 33 of Code on Wages 2019 : Computation of available surplus

33. The available surplus in respect of any accounting year shall be the gross profits for that year after deducting therefrom the sums referred to in section 34:

Provided that the available surplus in respect of the accounting year commencing on any day in a year after the commencement of this Code and in respect of every subsequent accounting year shall be the aggregate of-

(a) the gross profits for that accounting year after deducting therefrom the sums referred to in section 34; and

(b) an amount equal to the difference between--

(i) the direct tax, calculated in accordance with the provisions of section 35, in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year; and

(ii) the direct tax, calculated in accordance with provisions of section 35, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting therefrom the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this Code for that year.

Section 34 Sums deductible from gross profits

(b) subject to the provisions of section 35, any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during that year;

(a) in the case of a banking company, be calculated in the manner as may be prescribed by the Central Government;

(b) in any other case, be calculated in the manner as may be prescribed by the Central Government.

The Code on Wages 2019

Section 31 Payment of bonus out of allocable surplus Section 32 Computation of gross profits

Section 33 Computation of available surplus Section 34 Sums deductible from gross profits

Section 35 Calculation of direct tax payable by employer

Section 36 Set on and set off of allocable surplus

Section 37 Adjustment of customary or interim bonus against bonus payable under this Code Section 38 Deduction of certain amounts from bonus payable

Section 39 Time limit for payment of bonus

Section 40 Application of this Chapter to establishments in public sector in certain cases Section 41 Non applicability of this Chapter

Section 42 Central Advisory Board and State Advisory Boards

Section 43 Responsibility for payment of various dues

Section 44 Payment of various un disbursed dues in case of death of employee

Section 45 Claims under Code and procedure thereof