Section 34: Sums deductible from gross profits
Lists the sums deductible from gross profit when computing available surplus.
Statutory identity
What the provision requires
Lists the sums deductible from gross profit when computing available surplus.
Implementation control: Accept only statutory deductions and retain evidence for depreciation, development rebate/investment allowance, direct tax and permitted returns.
Provision-level reading sequence
- Read each subsection, clause, proviso and explanation in the official text.
- Apply section 2 definitions before testing the obligation or exception.
- Identify the appropriate Government and the applicable Central or State rule.
- Check commencement, section-specific notifications and saved predecessor-law instruments.
- Document the factual test and the evidence supporting the conclusion.
Provision map — subsection, clause and qualification
This map decomposes the section into its operative tests. Use the linked India Code text for exact numbering and wording.
Closed deductions
Only the statutory categories are deductible from gross profits.
Support
Depreciation, development/investment allowance, direct tax and permitted return items require evidence.
No double count
Avoid duplication between accounting adjustments and statutory deductions.
Linked Code on Wages (Central) Rules, 2026
Authority, form and filing map
Evidence pack
- audited financial statements
- employee eligibility and attendance data
- gross/available/allocable surplus workbook
- set-on/set-off ledger and payment proof
Compliance consequence
Incorrect eligibility, computation or timing may create bonus arrears, claims, recovery and penalty exposure.
Remedy path: identify the claims authority, appellate authority, adjudicating officer, Inspector-cum-Facilitator or criminal court applicable to the issue.
Worked example
Before acting on sums deductible from gross profits, the employer records the applicable Government, employee category, operative instrument, calculation or procedural step, reviewer approval and evidence of completion.
Illustrative only. Apply actual wage notifications, contracts, dates, State rules and evidence.
Practical Q&A
Can an employment contract override this section?
Not where the contract reduces a statutory entitlement. Sections 60 and 61 must be considered, including any more favourable award, agreement or contract.
What should be checked before payroll or HR action?
Confirm coverage, appropriate Government, operative rate/order, the exact subsection and proviso, linked rule, evidence, approval and payment/filing deadline.
Primary sources
India Code — exact Section 34 text ↗
India Code — official consolidated Act PDF ↗
Ministry of Labour — Codes, Rules, notifications and FAQs ↗
Last official-source review: 16 July 2026.