Offences and Penalties under the Act Competition Act, 2002

Competition Act, 2002 is an act that is provisioned keeping in view the economic development of the country and establishes a commission to prevent the practices which have adverse effect on the competition to promote and sustain competition in the Indian market. Also, it is established to protect the interests of consumers and to ensure the freedom of trade that is carried on by the various participants in the Indian market. It successfully replaced the Monopolies and Restrictive Trade Tactics Act, 196 and came into effect on 1st Sept 2009.

In cases where the compliance of Competition Act is breached, the Commission have various reforms to levy a penalty of such an entity. Let’s see various scenarios under Competition Act, 2002 where the Commission can levy a penalty of a business entity or person.

Following are the penalties under Competition Act, 2002:

Commission can whole sole setup an enquiry to see and judge the compliance of various orders under Competition Act 2002, by a business entity. In case the person or entity fails to comply with the orders and/or directions set up under the Competition Act 2002, he is liable to be punished with a monetary fine which could extend up to one lakh rupees for each day of non-compliance. However, this penalty cannot be more than ten crore rupees at single instance. This is especially applicable towards sections 27, 28, 31, 32, 33, 42A and 43A of the Competition Act 2002.

In case the person breaches the orders and directions of the Competition Act 2002 under sub section (2) of Section 42, then he shall be punished with an imprisonment for a term which may extend up to three years and /or with a monetary penalty of twenty-five crores as the Chief Metropolitan Magistrate of Delhi may deems fit.

However, a person or entity under this Act is empowered to make an application to Appellate Tribunal about recovery of compensation for any loss or damage that have been done due to such a non-compliance by another person or entity. And the Commission then can either approve, sanction or exempt the non-compliant company in this relation and order them to fulfill the losses.

Penalty for failure to comply with the directions of commission and Director General:

In any case if a person or entity fails to comply with the direction given by the Commission under the sub-section 2) and 4) of section 36 or the directions given by the Director General while exercising the powers referred to in sub section 2) of section 41, and that too without any reasonable cause, then such a person will be punishable and shall have to fulfill a fine which could extend up to the sum of one lakh rupees for each dayof non-compliance. However, this sum of penalty could not exceed one crore rupees.

Penalty for non-furnishing of Information on combinations:

In case any person or entity fails to give notice to the Commission under sub-section (2) of section 6, then such a Commission shall be imposed by a penalty which may extend up to one percent of the total turnover of the assets of such a combination.

Penalty for making false statement or omission to furnish the material information:

In case a person or a party makes statement which is false in any material or they know that they are furnishing a false material and/or omits to submit the material towards compliance of the Competition Act 2002, then such a person is liable to a penalty of not less than fifty lakh rupees and it may extend maximum to one crore rupees as may be determined by the Commission.

Penalty for the offences in relation to furnishing the information:

In case a person who is required to furnish an information under the Competition Act 2002 in form of any or documents or any other kind and makes a statement which he knows is falls and/or omits some of the material information, or willfully alter them or try to suppress or destroy any such document then such a person is liable to be punished with a monetary fine which may extend up to one crore rupees.

Rights of the consumer under the Protection Act, 1986

Till the 1960s, India was plagued with cases of black marketeering, hoarding, inadequate weighing and food adulteration. These were problems that affected the well-being of the consumer and amount to consumer exploitation.

The consumer movement began in the 1960s and gained momentum in the 1970s. Consumer dissatisfaction started to be demonstrated through the written word and in articles and newspapers.

The level of dissatisfaction with sellers and manufacturers and their practices resulted in consumers raising their voice. Resultantly, the government decided to give recognition to consumer protection by enacting the Consumer Protection Act on 24th December 1986. The Act was aimed at protecting the rights of the consumers and ensuring free trade in the market, competition and accurate information to be available. This day is now observed as National Consumers’ Day.

A consumer is an important participant in the market. In case of consumer exploitation, the rights of the consumer must be protected. There are six consumer rights as mentioned in the regulatory Consumer Protection Act of 1986.

Consumer Rights

There are six broad consumer rights defined as per the Consumer Protection Act, 1986. These are:

Right to Safety

The Consumer Protection Act defines this right as a protection against goods and services that are ‘hazardous to life and property’. This particularly applies to medicines, pharmaceuticals, foodstuffs, and automobiles. The right requires all such products of critical nature to life and property to be carefully tested and validated before being marketed to the consumer.

Right to Information

This right mentions the need for consumers to be informed about the quality and quantity of goods being sold. They must be informed about the price of the product and have access to other information specific to the product that they wish to consume.

Right to Choose

The consumer must have the right to choose between different products at competitive prices. Thus, the concept of a competitive market where many sellers sell similar products must be established to ensure that the consumer can actually choose what to consume and in what quantity. This is to avoid monopoly in the market.

Right to Seek Redressal

When a consumer feels exploited, he/she has the right to approach a consumer court to file a complaint. A consumer court is a forum that hears the complaint and provides justice to the party that has been hurt. Thus, if the consumer feels he/she has been exploited, they can approach the court using this right.

Right to be Heard

The purpose of this right is to ensure that the consumer gets due recognition in consumer courts or redressal forums. Basically, when a consumer feels exploited, he has the right to approach a consumer court to voice his complaint. This right gives him/her due respect that his/her complaint will be duly heard. The right empowers consumers to fearlessly voice their concerns and seek justice in case they are exploited.

Right to Consumer Education

Consumers must be aware of their rights and must have access to enough information while making consumption decisions. Such information can help them to choose what to purchase, how much to purchase and at what price. Many consumers in India are not even aware that they are protected by the Act. Unless they know, they cannot seek justice when they are actually hurt or exploited.

Competition Act, 2002, Objectives, Remedies

Competition Act, 2002, is an Indian legislation designed to prevent anti-competitive practices, promote fair competition, and protect consumer interests. Replacing the Monopolies and Restrictive Trade Practices (MRTP) Act, it establishes the Competition Commission of India (CCI) as the regulatory authority to monitor and address anti-competitive activities, such as cartels, abuse of dominant market position, and mergers or acquisitions that may harm competition. The Act aims to foster a competitive market environment, enabling consumer choice, innovation, and economic efficiency. Its provisions ensure that businesses operate transparently, preventing practices that could distort or limit fair market competition.

Objectives of the Competition Act 2002:

  • Promote and Sustain Competition

The Act aims to promote healthy competition among businesses, ensuring that markets remain open and competitive. It fosters an environment where companies compete fairly, which encourages efficiency, innovation, and consumer choice. By limiting monopolistic control, the Act ensures a level playing field for businesses.

  • Prevent Abuse of Dominant Position

A critical objective of the Act is to prevent companies from abusing their dominant market position. The Act prohibits practices like imposing unfair conditions, pricing unfairly, and restricting market access for smaller competitors, which could harm market fairness and consumer welfare. This provision ensures that dominant firms do not exploit their power to limit competition.

  • Prohibit Anti-Competitive Agreements

Act prohibits anti-competitive agreements, such as cartels and collusions, which distort market dynamics and harm consumer interests. Such agreements may involve price-fixing, production control, or market-sharing, all of which limit consumer choice and lead to higher prices. The CCI is empowered to investigate and penalize such activities to maintain market integrity.

  • Regulate Mergers and Acquisitions

Act requires certain mergers and acquisitions to obtain CCI’s approval to ensure they do not harm market competition. By evaluating the impact of mergers and acquisitions on market structure and competition, the Act ensures that consolidations do not lead to monopolies or reduce consumer options.

  • Protect Consumer Interests

Competition Act focuses on safeguarding consumer interests by promoting fair market practices. By preventing practices that can lead to price-fixing, limited product options, or lower quality, the Act protects consumers from exploitation, ensuring they benefit from a competitive marketplace.

  • Promote Economic Efficiency

Act aims to improve economic efficiency in production, distribution, and service delivery. By fostering competition, it encourages businesses to operate efficiently, which results in better quality goods and services, competitive pricing, and more sustainable practices.

  • Support Globalization of Indian Economy

In an increasingly globalized world, the Act seeks to prepare Indian businesses to compete on an international scale. By fostering a competitive domestic market, it enhances the capabilities of Indian companies to operate effectively both locally and globally.

  • Ensure Fair Competition in the Market

Overarching objective of the Act is to ensure a fair and transparent marketplace where companies can thrive based on merit, quality, and consumer trust. This promotes sustainable business growth and fosters an environment conducive to entrepreneurship and innovation.

Remedies of the Competition Act2002:

  • Cease and Desist Orders

CCI can issue a “cease and desist” order to entities engaged in anti-competitive practices. This order mandates the business to immediately stop actions like collusion, abuse of dominance, or cartel formation. Cease and desist orders prevent further harm to the market and protect consumers from anti-competitive behavior.

  • Penalties and Fines

Act allows the CCI to impose monetary penalties on firms or individuals found violating competition laws. For example, penalties for cartel activities may amount to 10% of the average turnover over the past three years or three times the profit from the infringing activity. These fines act as a deterrent against anti-competitive practices and encourage compliance.

  • Divestiture or Structural Remedies

In cases where an entity’s market dominance poses a threat to competition, the CCI can order structural remedies, including divestiture or breaking up parts of a business. For instance, a company might be required to sell off assets or divisions to restore competition in the market. Divestiture is especially relevant in cases of mergers and acquisitions that risk monopolizing a market.

  • Modification of Agreements

CCI may direct companies to modify their agreements if they contain anti-competitive terms. This remedy applies to agreements that involve price-fixing, market-sharing, or exclusive dealing arrangements that harm competition. Modifying such agreements ensures that they align with fair trade practices and support open market access.

  • Void Agreements

Under Section 3 of the Act, the CCI has the authority to declare anti-competitive agreements null and void. Agreements found to limit competition, restrict production, or fix prices can be invalidated. This measure removes restrictive terms from the market, ensuring fair competition.

  • Merger Control Orders

For mergers and acquisitions that may harm competition, the CCI can approve, modify, or block the transaction. By examining the impact of proposed mergers on competition, the CCI ensures that consolidations do not create monopolies or restrict consumer choice.

  • Interim Orders

CCI can issue interim orders to temporarily halt practices that may be anti-competitive until a full investigation is completed. Interim orders are useful when immediate action is needed to prevent irreparable harm to the market.

  • Leniency Program

To encourage whistle-blowing, the Act includes a leniency program where individuals or companies involved in anti-competitive activities can provide evidence and receive reduced penalties. This helps the CCI uncover hidden cartels and other unfair practices more effectively.

  • Compensation for Affected Parties

Individuals or businesses harmed by anti-competitive practices can seek compensation from the CCI. This remedy provides a form of restitution for losses incurred due to anti-competitive behavior, such as inflated prices or restricted access to goods or services.

Consumer Redressal Agencies

Consumer Protection Councils:

The Act provides for setting up a Central Consumer Protection Council by the Central Government and State Consumer Councils by each state of India. The Central Consumer Protection Council shall consist of (1) the Minister in Charge of Consumer Affairs in the Central Government who shall be its chairman and such number of other official or non-official members representing such interests as prescribed.

It is required by the Act that Central Consumer Protection Council will meet as and when necessary. However, at least one meeting of the Central Council must be held every year. The objects of the council are to protect the rights of consumers and promote their interest as listed above from (a) to (f).

The State Consumer Councils to protect consumer rights as per amendment in the Act in 1993 will consist of (1) the Minister in Charge of Consumer Affairs in the State Government concerned and members of other officials and non-officials representing such interests as may be prescribed by the State Governments. As in the case of the Central Council, the objects of State Councils will be to protect the rights of consumers as listed above from (a) to (f) within the State.

Consumer Disputes Redressal System:

Under the Consumer Protection Act 1986 three-tier consumer disputes redressal system at the District, State and National levels has been set up.

Thus the Act provides for establishing the following consumer redressal agencies:

  1. District Consumer Forum in each district of a state set up by the State Government.
  2. State Consumer Commission in each state set up by each State.
  3. National Consumer Commission set up by the Central Government.

Composition of Consumer Redressal Agencies:

According to Consumer Protection Act 1986 each District Consumer Forum set up in each district of a State shall consist of a person who is or has been or is qualified to be a district judge. This person will work as president of the district consumer forum.

Two eminent members who have adequate knowledge and experience and have the ability in dealing with problems concerning law, commerce, economics, accountancy, industry, public affairs or administration and one of whom shall be a lady member, especially who is a social worker.

A District Forum has the jurisdiction to deal with the complaints where the value of good or service and the compensation claimed, if any, does not exceed Rs. 20 lakh (as per amendment in the Act in 2002). A complaint by consumers will be filed in a District Forum in case when the opposite party or each of the opposite party if there are more than one resides or carries on business within the district concerned at the time of filing the complaint or any one of the party (if there are more than one) residing or carrying on business in the district at the time of the filing of the complaint if the district forum grants permission for this.

The State Consumer Commission shall consist of:

(1) A person who is or has been a judge of a high court appointed by the State Government,

(2) Two other members of high standing and eminence who have adequate knowledge or experience concerning the problems relating to law, commerce, economics, industry, public administration etc. one of whom shall be a woman.

The State Consumer Commission as per the amendment of the Act in 2002 shall have the jurisdiction to entertain complaints where the value of goods or services and compensation claimed if any exceeds Rs. 20 lakh but is not more than Rs. 1 crore.

The State Consumer Commission will also entertain appeals against the orders of District Forums within the State. Besides, the State Consumer Commissions have been authorized to call for the records and give appropriate orders in case of any consumer dispute pending before the District Forum within the State or has been decided by it if the State Commission finds that a District Forum has exercised a power not vested in it by the Act or has failed to exercise a power or jurisdiction vested in it or acted illegally in exercise of its powers.

The National Consumer Commission will consist of:

(a) A person who is or has been a judge of the Supreme Court and is appointed by the Central Government in consultation with Chief Justice of India. He will also work as president of the national commission,

(b) Four other members of eminence having good knowledge or experience and ability to deal with the problems relating to commerce, economics, law, industry, public affairs or administration and one of whom shall be a woman.

National Consumer Commission has the jurisdiction:

(1) To entertain complaints where the value of goods or services and compensation claimed if any is, according to Amendment Act 2002, one crore or more;

(2) National Commission is authorized to hear appeals against the order of any State Consumer Commission;

(3) The Central Commission has the right to call for the records from the State Commissions.

It is important to note that all forums, commissions appointed under the Consumer Protection Act are in substantial matters not different from the ordinary civil courts. They are quasi-judicial tribunals created to render speedy justice

Remedial Action:

It may be noted that a complaint to a redressal agency may be filed by:

(a) An individual, consumer;

(b) Recognized consumer association,

(c) More than one consumers who have the same interest; and

(d) The State or Central Government. The complaint to a redressal agency must be in relation to goods sold or delivered or service provided to the complainant.

If the redressal agency is convinced that any of the allegations in the complaint filed before it is true, it shall issue an appropriate order to the opposite party.

This order may be any of the following types:

  1. To remove the defect if found to be true by the appropriate laboratory from the good in question;
  2. To replace the defective goods with the new goods of the same type free from the defects;
  3. To return to the complainant price of the defective good or charges paid by him;
  4. To pay the compensation to the complainant as may be decided by the redressal agency for the loss suffered by him;
  5. To remove the defects or deficiencies in the service rendered to the individuals;
  6. To stop the unfair or restrictive trade practice or give undertaking not to repeat in future;
  7. Not to supply hazardous goods;
  8. To withdraw the hazardous goods being offered for sale; and
  9. To give adequate costs to the parties in question.

Penalties:

The Consumer Commissions are authorized to impose penalties on trader or person against whom complaint is made if he fails to comply with the order of the redressal agency. The penalty or punishment may involve imprisonment for a period not more than 3 years or a fine of not more than 10 thousand rupees or both.

The Consumer Protection Amendment Act 2002:

The Consumer Protection Act 1986 held great hopes for the helpless consumers who have been denied fair deal by the unscrupulous producers or traders. In the implementation of Consumer Protection Act 1986 some deficiencies in the Act were noticed. Therefore, some important amendments were made in the Act by Consumer Amendment Act 2002. With this amendment all the redressal agencies (District Forums, State Consumer Commissions and Central Consumer Commission) have been given the powers of a judicial magistrate of a first class for trial of offences within their jurisdiction, subject of course to the right of appeal from a lower redressal agency to a higher one.

The important changes made by the Consumer Protection Amendment Act 2002 are the following:

  1. Both MRTP Act and Consumer Protection Act deal with unfair and restrictive trade practices. Amendment made in Consumer Protection Act in 2002 has clarified that the expression ‘restrictive trade practices’ will also include delay in supply of goods or services and rise in prices in the mean time.
  2. Provisions regarding unfair trade practices have been made more stringent. It is now provided that if the representations contained in an advertisement for the sale or supply of a good or service are misleading, the advertiser can be held responsible for taking corrective steps at his own cost apart from other obligations.
  3. The District Forums would be able to deal with cases involving the payment of compensation of Rs. 20 lakhs against the pre-existing Rs. 5 lakhs. Similarly, the State Consumer Commissions can now deal with cases involving compensation up to Rs. 1 crore while National Consumer Commission can deal with cases involving compensation of Rs. 1 crore or more instead of pre-existing Rs. 25 lakhs.
  4. In the event of the death of the complainant, amendment in the Act in 2002 now provides for substitution of his legal representatives. Surviving legal representatives can file a complaint or get substitution in place of the existing one.
  5. In regard to goods hazardous to life or safety of the public, traders supplying goods will be liable if it can be proved that the supplier could have known with due care that the goods or services supplied were hazardous to the public. Besides, liability of suppliers of spurious products and services is made clear in the Amendment Act 2002.
  6. An important amendment relates to the meaning of expression ‘manufacturing’. Manufacturing has now been defined to include merely assembling parts of goods made by others or putting one s own mark on any good manufactured by others.
  7. Amendment Act 2002 makes the restrictive trade practices more stringent by including under it trade practice which tends to the manipulation of price or the conditions of delivery of goods or affect the flow of supplies of goods in the market in a manner that imposes undue costs or restrictions on the consumers. Restrictive trade practice also includes delay in the delivery of goods beyond the period agreed to by the traders or delay in providing services when such delay is likely to lead to rise in their prices.
  8. According to an important provision in the 2002 Amendment Act, in trading or commerce of goods or services misleading or deceptive conduct of traders or suppliers would be treated as unfair trade practice. Those who make misleading or false representation luring consumers to buy goods or services would fall within unfair trade practice and would be held liable. Under the Consumer Protection Amendment Act 2002 the consumers who are lured to enter into such a contract would be entitled to get the damages.

Similarly, Amendment Act 2002 also covers the unfair treatment to the consumers who have suffered by being lured in the schemes offering gifts, concessional prices or some items free of charge depending on the official results of a particular scheme. This amendment provides remedy to the consumers who might be unfairly treated in such schemes by requiring the promoter to disclose proper information regarding the results of a scheme by appropriate timely publication of results in newspapers, etc.

Proposed Amendments in Consumer Act, 2010:

The Cabinet has given clearance to the proposed amendments to the Consumer Protection Act which is likely to be passed by the parliament in winter session of 2010. These amendments seek to make the consumer protection law more responsive to consumer complaints through quicker disposal of cases. The proposed amendments have widened the scope of the law, specified time limit for quicker disposal of cases and rationalized qualifications for appointment of members of consumer forums at the state and national level.

Evaluation of Consumer Protection Act:

Consumer Protection Act with amendments made in it in 2002 is a quite comprehensive piece of legislation that seeks to protect the consumers against unfair and exploitative practices of manufacturers. Consumer awareness in India is now fast growing. As a result, the number of complaints by the end of 2002 before District Forums had been about 14 lakhs, that before State Commissions 2 lakhs and that before National Commission about 21,000 all of which amount to the total of about 162,100.

It is important to note that Consumer Protection Act is additional law protecting consumers but not a derogation of any other laws which protect consumers. Services or goods provided by those dealing in information technology, electronic commerce (E-Commerce) are also liable under the Consumer Protection Act apart from the Act governing Telecommunication Regulatory Authority of India (TRAI) which regulates not only transactions between competing providers of telecommunication services but also regulate them to protect consumer interests.

Similarly, the Consumer Protection Act is in addition to MRTP Act which also tries to protect the interests of consumers by controlling monopolistic and restrictive trade practices. According to G.L. Sanghi, “The tribunals created under the Consumer Protection Act are in substantial matters not different from the ordinary civil courts. They are quasi-judicial tribunals created to render inexpensive and speedy justice. They provide additional remedies through the newly created forums”.

A Comprehensive Act:

The Consumer Protection Act is quite a comprehensive legislation. Under the Consumer Protection Act not only manufacturers and suppliers of goods but also of such services as insurance providers, medical treatment, lending and recovery of bank loans also come within the purview of the Act. A few such important cases are worth explaining.

Consumer Protection Act and Medical Practitioners:

The applicability of Consumer Protection Act to medical practitioners is a highly complicated issue and the case relating to it went even up to the Supreme Court of India. In defence of medical practitioners it was argued that their services are excluded category being services under “Control of Personal Services”. Supreme Court rejected these arguments and brought medical practitioners, hospitals and nursing homes where services are rendered for valuable consideration under the purview of Consumer Protection Act.

Doctors and hospitals committing medical negligence have therefore become liable and damages for medical negligence can be claimed from them. Though this has created fear and concern among medical practitioners and private hospitals but this will help in preventing medical negligence on the part of doctors and hospitals.

It has been widely reported in the media about medical negligence, for example, of operating a wrong eye, removing a kidney of a person without his consent, leaving screw, scissors and a towel in the abdomen of a patient, giving a wrong injection leading to the death of a patient. For all these acts of negligence compensation can be claimed from doctors and hospitals and also penalties can be imposed on them.

In an important case Supreme Court held that a medical practitioner may be liable if there was a negligence in respect of diagnosis and/or treatment given to a patient provided it can be demonstrated that the negligent act was not based on reasonable and responsible information as to the kind and quality of treatment.

Insurance Companies and Consumer Protection Act:

One of the important categories where Consumer Protection Act has been usefully applied is the claims against insurance companies. Many insurance companies (including public sector insurance companies) often deny medi-claims to the insurers on one pretext or the other.

Generally insurance companies deny claims for damages to the insurers that they did not disclose the pre-existing disease they were suffering from at the time of getting insured. In many cases consumer commissions have rejected the arguments of insurance companies and have awarded damages to the insurers and require insurance companies to fulfill their contractual obligations.

In a recent case of accident claim the United India Insurance Company denied to pay the damages on a car which met with an accident on the ground that it was being plied without the ‘fitness certificate’ as required under the Motor Vehicles Act. In this case in Nov. 2007, National Consumer

Commission held that the insurance companies, if the terms of the policy were not breached, cannot refuse to entertain claims on the pretext that the insured violated some other laws or conditions “as the insurance is a matter of contract between the two parties.”

Recovery of Bank Loans and Consumer Protection Act:

The wide applicability of Consumer Protection Act can be understood from the recent judgment of the State Consumer Commission of Delhi which slapped a fine of Rs. 55 lakhs on ICICI Bank for trying to recover a vehicle loan by hiring musclemen. The goons of recovery agent of the bank forcibly dragged out a youth from the car, beat him up with iron rods and left him bleeding and drove away with the vehicle. Justice J.D. Kapoor, president of the commission, said, “We hold ICICI Bank guilty of the grossest kind of deficiency in service and unfair trade practice for breach of terms of contract of hire-purchase/loan agreement by seizing the vehicle illegally.”

Conclusion:

In view of the above usefulness and wide applicability of Consumer Protection Act, Mr. G.L. Sanghi is right in concluding, “In each and every area involving sale of goods and services for valuable consideration a consumer stands protected. The polarity of this law is unlimited. Its machinery is effective and awesome to the delinquent trader with solace to the consumer. As experience grows further improvements will un-doubtetedly make this remedy more and more useful”.

Rights and Duties of Buyer

The buyer in a contract of sale has both rights and duties governed by the Sale of Goods Act, 1930. These ensure fairness in commercial transactions and balance responsibilities between buyer and seller.

Rights of the Buyer:

  • Right to Delivery of Goods (Section 31)

The buyer has the right to receive delivery of goods as per the terms of the contract. If the seller fails to deliver within the stipulated time or condition, the buyer may refuse delivery, cancel the contract, or claim damages. This ensures protection against non-performance by the seller.

  • Right to Reject Goods (Section 37 & 41)

The buyer has the right to reject goods that do not conform to quality, quantity, or description agreed in the contract. This includes rejecting defective, damaged, or excess goods. The right to reject reinforces quality control and encourages compliance by the seller.

  • Right to Examine Goods (Section 41)

The buyer is entitled to a reasonable opportunity to inspect and examine the goods upon delivery. This ensures that the goods match the sample, description, or specifications. If not satisfied, the buyer may refuse to accept them. Inspection must be allowed before the buyer is deemed to have accepted the goods.

  • Right to Sue for Non-Delivery (Section 57)

If the seller refuses to deliver goods, the buyer can sue for damages caused by non-delivery. The measure of damages is the difference between the contract price and market price on the date of breach. This right compensates the buyer for losses due to breach.

  • Right to Sue for Breach of Warranty (Section 59)

When the seller breaches a warranty (minor term), the buyer can claim compensation rather than reject the goods. This is useful in cases where goods are usable but not fully as promised. The buyer keeps the goods but gets monetary relief for the defect.

Duties of the Buyer:

  • Duty to Accept and Pay for Goods (Section 31)

The buyer must accept the goods and pay the agreed price as per the contract. Failure to do so gives the seller the right to sue for non-acceptance or non-payment. This duty is central to the sale contract and ensures seller receives fair compensation.

  • Duty to Apply for Delivery (Section 35)

Unless the contract says otherwise, the buyer must apply for delivery of goods. The seller is not bound to send or deliver the goods unless the buyer initiates the request. This encourages cooperation and clarity in the delivery process.

  • Duty to Take Delivery (Section 36)

The buyer must take delivery of goods within a reasonable time. Unreasonable delay can make the buyer liable for loss or additional costs incurred by the seller. This duty ensures prompt clearance of goods and avoids storage or spoilage risks.

  • Duty to Pay Damages for Refusal (Section 56)

If the buyer wrongfully refuses to accept and pay for the goods, the seller can sue for damages. The buyer must compensate the seller for any financial loss caused due to breach. This discourages careless cancellations and ensures fairness in business transactions.

  • Duty Not to Reject After Acceptance (Section 42)

Once the buyer has accepted the goods, they cannot later reject them unless fraud or breach is discovered. Acceptance may be implied if the buyer uses or resells the goods. This duty prevents unfair reversal of contracts after partial or full performance by the seller.

Introduction, Nature of Law, Meaning and Definition of Business Laws

Business Law governs the world of commerce. We call all these rules as Merchantile Law or Commercial law. The Business Law governs all dealings of businesses and the conduct of people associated with such businesses. In India, some of the Business Laws followed are from the pre-independence era, however, newer Business Laws are always being passed.

The business law is a branch of law which deals with the set of governance rules related to certain business transactions and relations between business representatives, dealers, customers, and suppliers.

Commercial suit it refers to the suit between bankers, merchants, and traders relating to mercantile transactions.

Various Definitions of Law

There are broadly five definitions of Business Law. Let’s walk through each of them briefly.

  1. Natural School

In the natural school of thought, a court of justice decides all the laws. There are two main parts of this definition. One, to actually understand a certain law, an individual must be aware of its purpose. Two, to comprehend the true nature of law, one must consult the courts and not the legislature.

  1. Positivistic Definition of Law

John Austin’s law definition states “Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.” Thus, this definition defines law as a set of rules to be followed by everyone, regardless of their stature.

Hans Kelsen created the ‘pure theory of law’. Kelsen states that law is a ‘normative science’. In Kelson’s law definition, the law does not seek to describe what must occur, but rather only defines certain rules to abide by.

  1. Historical Law Definition

Friedrich Karl von Savigny gave the historical law definition. His law definition states the following theories.

  • Law is a matter of unconscious and organic growth.
  • The nature of law is not universal. Just like language, it varies with people and age.
  • Custom not only precedes legislation but it is superior to it. Law should always conform to the popular consciousness because of customs.
  • Law has its source in the common consciousness (Volkgeist) of the people.
  • The legislation is the last stage of lawmaking, and, therefore, the lawyer or the jurist is more important than the legislator.
  1. Sociological Definition of Law

Leon Duguit states that law as “essentially and exclusively as a social fact.”

Rudolph Von Ihering’s law definition: “The form of the guarantee of conditions of life of society, assured by State’s power of constraint.”

This definition has three important parts. One, the law is a means of social control. Two, the law is to serve the purposes of the society. Three, law due to its nature, is coercive.

Roscoe Pound studied the term law and thus came up with his own law definition. He considered the law to be predominantly a tool of social engineering.

Where conflicting pulls of political philosophy, economic interests, and ethical values constantly struggled for recognition.

Against a background of history, tradition and legal technique. Social wants are satisfied by law acting which is acting as a social institution.

  1. Realist Definition of Law

The realist law definition describes the law in terms of judicial processes. Oliver Wendell Holmes stated: “Law is a statement of the circumstances in which public force will be brought to bear upon through courts.”

According to Benjamin Nathan Cardozo who stated “A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged, is a principle or rule of law.”

As the above law definitions state, human behavior in the society is controlled with the help of law. It aids in the cooperation between members of a society. Law also helps to avoid any potential conflict of interest and also helps to resolve them.

Nature of Business Law

The nature of business law depends on the location of the business and its area of activities. Apart from these two conditions governance authority also affects the nature of the law. The main areas included under the business law are:

  • Starting a business

The business laws are applicable to all types of business organizations. There are certain rules for each business entities including corporations, limited liability, partnership and more. For instance, let’s assume you want to start a business but what type of business it would be? And what papers you need to file for it? After this what are the certain legal rules you need to follow or how to pay the taxes? To answer all this question you need to hire a business lawyer. The hire lawyer can help you with intellectual property law which includes patents, copyrights, trademarks and other intangible assets. Along with intangible assets the lawyer will look after the business like consumer protection law, licensing and permits.

  • Taking over/ buying a business

Now, not everyone starts with buying a business some goes for taking over or buying an existing one. When it comes to buying or taking over an existing business the company need a lawyer to deal with contracts, employment laws, real estate laws and consequences after the breach of contract.

  • Managing a business

Running a business is not an easy task as there are several aspects that are involved in managing a business. As you already read mention a business involves lots of contracts, joint-ventures and employment laws. The government of the country create and enforce the federal laws on the business. To deal with all of these aspects the company needs a business lawyer. Although it may sound appealing to become a business lawyer it is not as easy as it sounds.

Scope and Sources of Business Laws

Business law may be defined as that branch of law which consists of laws relating to trade, industry and commerce. It is one of the important branches of Civil Law. It is also called as “Commercial Law”.

Scope of Business Law

The scope of Business law is very wide and varied. It includes law relating to contracts, partnership, sale of goods, negotiable instruments, companies, insolvency, insurance, carriage of goods, etc.

Business law is concerned with the study of rights and obligations arising out of Business transactions between Business persons. Business persons are persons who carry on commercial transactions. They may be individuals, partnership concerns or joint stock companies.

Knowledge of Business law is essential to merchants. It helps the merchants to avoid conflicts with the persons with whom he comes into business contacts.

Main sources of Business Law

Indian Business law is based largely upon the English Business law. Prior to the enactment of the various Acts constituting Business law, the personal laws of the parties to suit regulated Business transactions. The rights of Hindus were governed by the Hindu Law and that of Muslims by the Mohammedan Law.

In case of persons other than Hindus and Muslims, the Courts applied the principles of English Law. Further, where laws and usage of Hindus or Muslims were silent on any point, the principles of English Law were applied.

The first efforts to pass an Act constituting Business law in India were made in 1872 by the passing of the Indian Contract Act. From that time a large number of statutes have been enacted concerning matters coming within the purview of Business law. For example, the Sale of Goods Act, 1930, the Partnership Act, 1932, the Companies Act, 1955, etc.

The main sources of Indian Business Law are:

  1. English Business Law.
  2. Statute Law.
  3. Judicial Decisions.
  4. Customs and Usage.

1. English Business Law

The English law is the most important source of Indian Business law. Many rules of English law have been incorporated into Indian law through statutes and judicial decisions. The sources of English law are:

  • Common Law

This law is known as judge made law. It is based upon customs and practices handed down from generation to generation. It is the oldest unwritten law. The English Courts developed these over centuries.

  • Equity

Equity is also unwritten law. It is based upon concepts of justice developed by the judges whose decisions become precedents. It grew as a system of law supplementary to the common law and covered the deficiencies of the common law. Its rules were applied in cases where the rules of common law were considered harsh and oppressive.

The Judicature Acts of 1873 and 1875 abolished the distinction between Common Law and Equity so that they are now applied to all cases.

  • Statute Law

Statute law is one, which is laid down in the Acts of Parliament. Hence, it acts as the most superior and powerful source of law. It overrides any rule of common law or Equity.

  • Case Law

This is also an important source of the English Business law. It is built upon the decisions of the Judges. It is based on the principle that what has been decided in earlier case is binding in similar future case also unless that there is a change in the circumstances of the case.

  • A Lex Mercatoria or Law Merchant

It is also one of the important sources of English Business law. A lex mercatoria or law merchant consists of legal principles based on customs and usage. They developed first as a separate system of law and subsequently became part of the common law.

2. Statute Law

A Bill passed by the parliament and signed by the President becomes a “Statute” or an Act. Most of the Indian laws are embodied in the various Acts passed by the Central as well as State legislators. The Indian Contract Act, 1872, the Sale of Goods Act, 1930, the Companies Act, 1956 are some of the examples of the statute law.

3. Judicial Decisions

Judicial decisions are also called as case laws. They referred to as precedents and are binding on all Courts having jurisdiction lower to that of the Court, which gave the judgement. The Courts in deciding cases involving similar points of law also follow them.

4. Customs and Usage

Customs and usage plays an important role in regulating business transactions. A well-recognized custom or usage can even override the statute law. Most of the business customs and usage have been already codified and given legal sanctions in India. Some of them have been ratified by the decisions of the competent Courts of law.

Departmental Accounts, Meaning, Objectives, Advantages, Disadvantages, Methods

Departmental accounting refers to the system of maintaining separate accounts for each department or section within a business or organization. This method helps track the performance, profitability, and cost structure of each department individually, allowing management to assess which parts of the business are contributing effectively to overall profits and which need improvement. Departmental accounting is commonly used in businesses with diverse operations, such as retail chains, manufacturing units, or service providers that operate through multiple departments.

In this system, each department’s income, expenses, and profits are recorded separately. Common expenses, such as rent, electricity, or administrative costs, are allocated to different departments based on logical distribution bases like floor space, number of employees, or sales volume. This ensures fair comparison and accurate profitability analysis between departments.

The main purpose of departmental accounting is to improve internal control, accountability, and transparency. By isolating the financial performance of each department, management can identify underperforming areas, control costs, set department-specific targets, and design incentive plans for managers. It also allows businesses to evaluate the contribution of each product line, service category, or sales region, helping with better decision-making.

Departmental accounting can be carried out under two systems: maintaining separate sets of books for each department (which is rare) or keeping departmental columns in a single set of books (more common). Overall, it supports effective resource utilization and enhances the financial management of large, complex organizations with multi-departmental structures.

Objectives of Departmental Accounting:

  • Measure Departmental Performance

The primary objective of departmental accounting is to measure and evaluate the performance of each department individually. By recording the income and expenses of each section separately, management can analyze how much profit or loss each department generates. This helps identify which departments are contributing positively to the overall organization and which are underperforming. Regular performance reviews ensure accountability and motivate department managers to improve efficiency, productivity, and profitability.

  • Assist in Cost Control

Departmental accounting helps management control and monitor departmental expenses more effectively. By tracking costs by department, it becomes easier to pinpoint areas of excessive spending, wastage, or inefficiency. This enables management to take corrective actions, set cost-saving targets, and improve budgetary controls. Department-wise cost analysis encourages responsible spending, making each unit accountable for managing its expenses in line with organizational goals, thereby reducing unnecessary financial burdens on the company.

  • Evaluate Profitability of Departments

Another key objective is to assess the profitability of each department. By separating departmental revenues and costs, businesses can calculate the gross and net profit generated by each section. This analysis is essential for determining which departments are the most and least profitable, helping management make informed decisions regarding expansion, downsizing, or reallocation of resources. Profitability evaluation also guides pricing, marketing strategies, and investment plans for each business unit.

  • Facilitate Resource Allocation

Departmental accounting supports better resource allocation across the organization. Since it provides a clear financial picture of each department’s performance, management can decide where to invest more capital, staff, or infrastructure. Profitable departments may be given additional resources to scale operations, while underperforming units may be reviewed for restructuring or cost-cutting. This ensures that organizational resources are used efficiently and aligned with the company’s growth objectives and profitability targets.

  • Provide Basis for Incentives

The system also serves as a basis for designing employee or departmental incentive schemes. With clear performance data available, management can develop fair and motivating reward systems linked to departmental achievements. Managers and employees in high-performing departments can be recognized and rewarded, encouraging a competitive and performance-oriented culture. This promotes accountability, boosts morale, and encourages all departments to work toward achieving their financial and operational targets.

  • Improve Decision-Making

Departmental accounting provides detailed, department-specific financial information that supports better managerial decision-making. With access to accurate data on revenue, costs, and profits, management can make informed choices about product lines, service offerings, pricing, marketing efforts, and operational strategies. This detailed breakdown enables targeted improvements and strategic planning, helping the business adapt to changing market conditions, customer preferences, and competitive pressures effectively and efficiently.

  • Enable Internal Comparisons

A major objective of departmental accounting is to enable internal comparisons between departments. By comparing performance metrics across different units, management can identify best practices, set benchmarks, and establish performance standards. These comparisons foster a competitive environment within the organization, encouraging each department to strive for higher efficiency and profitability. Internal benchmarking also highlights operational weaknesses, helping management implement targeted improvement initiatives where needed.

  • Ensure Compliance and Accountability

Departmental accounting enhances financial transparency and accountability by making each department responsible for its financial results. This accountability ensures that departmental managers adhere to organizational policies, budgetary limits, and performance standards. Regular reviews, audits, and performance reports promote compliance with internal controls and governance standards. Accountability mechanisms also help prevent mismanagement, fraud, or unethical practices, protecting the organization’s financial health and public reputation.

Advantages of Departmental Accounting:

  • Clear Measurement of Departmental Performance

Departmental accounting allows organizations to measure the financial performance of each department separately. By maintaining distinct records for income and expenses, management can assess which departments are profitable and which are underperforming. This clarity helps identify successful areas, highlight issues, and take corrective action. It promotes better monitoring and control over each department’s contributions, ensuring that management has a transparent view of departmental results and can set realistic improvement targets to enhance overall organizational efficiency.

  • Better Cost Control and Reduction

One of the major advantages of departmental accounting is that it enables better cost control. By breaking down expenses for each department, management can analyze spending patterns, identify areas of wastage, and take corrective action. Departments become more accountable for their own costs, reducing the tendency for careless or excessive spending. This system also helps in implementing cost-saving measures, as managers have access to detailed reports on where expenses are highest and can target those areas effectively.

  • Facilitates Profitability Analysis

Departmental accounting helps businesses analyze the profitability of each department individually. This is particularly useful for multi-product companies or businesses with diverse operations, where some sections may be more profitable than others. By separating departmental profits and losses, management can determine which units are driving overall growth and which are dragging performance. Profitability analysis also supports better pricing, marketing, and investment decisions, helping companies maximize returns on successful departments and reevaluate or improve weaker areas.

  • Supports Efficient Resource Allocation

With departmental accounting, management can allocate resources more efficiently across the organization. Detailed departmental reports show where additional investment is justified and where cost-cutting might be necessary. High-performing departments can receive more capital, manpower, or marketing support to expand, while underperforming units can be restructured or scaled down. This ensures that company resources are directed toward areas with the best potential returns, avoiding waste and enhancing overall operational effectiveness and competitiveness.

  • Enables Departmental Comparisons

Departmental accounting enables easy internal comparisons across different departments. Management can compare key performance indicators such as sales, costs, and profits, identifying which departments are most efficient or productive. This fosters a healthy competitive environment, encouraging all departments to adopt best practices and strive for improvement. Benchmarking against the best-performing units also helps identify weaknesses or inefficiencies in underperforming departments, guiding management on where targeted support, training, or process improvements are needed.

  • Improves Decision-Making and Planning

Having access to department-wise financial data significantly improves management’s ability to make informed decisions. Whether it’s related to expanding a product line, launching new services, or cutting down costs, departmental accounting provides detailed insights that help shape strategic choices. It also aids long-term planning, allowing management to forecast future performance, set realistic targets, and prepare budgets tailored to each department. Accurate departmental information reduces guesswork and strengthens the organization’s overall financial decision-making.

  • Enhances Accountability and Responsibility

Departmental accounting promotes accountability by making department managers responsible for their unit’s financial performance. Since results are measured separately, managers have clear targets to meet and are accountable for both achievements and shortcomings. This encourages responsible behavior, better adherence to budgets, and focused efforts on improving performance. Increased accountability also reduces the likelihood of resource misuse, overspending, or negligence, fostering a stronger sense of responsibility and ownership at the departmental level.

  • Aids in Performance-Based Incentives

Another advantage of departmental accounting is that it helps design effective performance-based incentive systems. With clear data on departmental results, management can create fair and motivating reward plans for employees and managers. High-performing departments can be rewarded with bonuses or other recognition, encouraging continued excellence. At the same time, underperforming departments can be given clear improvement goals. Linking incentives to departmental outcomes fosters a performance-oriented culture across the organization, driving higher motivation and productivity.

Disadvantages of Departmental Accounting:

  • Increased Complexity in Record-Keeping

Departmental accounting significantly increases the complexity of maintaining financial records. Instead of preparing a single set of accounts, businesses must separately track the income, expenses, and profits of each department. This requires additional manpower, systems, and processes, leading to higher administrative work and more chances for errors. Small organizations may struggle to implement departmental accounting effectively due to the detailed nature of data tracking, resulting in confusion and operational inefficiency if not properly managed.

  • High Administrative Costs

Maintaining separate departmental accounts often results in increased administrative costs. The business may need to hire additional accountants, invest in specialized software, or allocate more resources toward data collection and analysis. These extra costs can reduce the overall profitability of the business, especially in smaller firms where the scale of operations does not justify such detailed accounting efforts. Over time, the cost of maintaining departmental records can outweigh the benefits derived from the system.

  • Challenges in Cost Allocation

A major disadvantage is the difficulty in fairly allocating common expenses across departments. Costs like rent, electricity, salaries of shared staff, and administrative expenses are often shared between multiple departments, making it hard to assign them accurately. Improper allocation can distort departmental performance figures, leading to misleading conclusions and poor managerial decisions. Inaccurate cost distribution can create internal conflicts, as managers may feel unfairly burdened or rewarded based on flawed performance evaluations.

  • Risk of Internal Rivalries

Departmental accounting can unintentionally create unhealthy competition between departments. When performance and incentives are closely tied to departmental results, managers may become overly focused on their own department’s success rather than the organization’s overall goals. This can lead to hoarding of resources, lack of cooperation, and internal rivalries. Instead of working together for collective success, departments may start competing against each other, damaging team spirit and reducing the effectiveness of interdepartmental collaboration.

  • Overemphasis on Financial Metrics

Another limitation is that departmental accounting may lead management to focus too heavily on financial outcomes, neglecting non-financial performance indicators. Departments might prioritize short-term profits over long-term goals, customer satisfaction, innovation, or employee development. This short-termism can hurt the organization’s future prospects, as important qualitative aspects of performance may be ignored. Departmental managers may also manipulate figures or cut essential investments just to meet profit targets, ultimately damaging the business.

  • Duplication of Efforts

When each department maintains separate records, there’s a risk of duplicating work, particularly if the same transactions are recorded multiple times. This increases the administrative burden and can lead to inefficiencies, errors, and wasted effort. Instead of streamlining operations, departmental accounting may sometimes complicate processes unnecessarily, particularly if clear systems and guidelines are not established. Without careful oversight, duplication of tasks can reduce overall operational efficiency and increase the risk of financial inaccuracies.

  • Requires Skilled Staff and Systems

Implementing departmental accounting effectively requires skilled accounting professionals and often specialized accounting systems or software. For small or medium-sized enterprises, hiring qualified staff or investing in modern technology may not be financially viable. Without proper expertise, the business risks producing inaccurate departmental reports, which could misguide managerial decisions. Training existing staff to handle departmental accounting also adds to operational costs and may divert resources away from other important business activities.

  • May Not Suit All Businesses

Departmental accounting is not necessary or suitable for every type of business. Small enterprises or businesses with simple operations may find it unnecessary to split financial records into multiple departments. Forcing departmental accounting in such cases can lead to overcomplication, wasted resources, and unnecessary administrative work. It’s important for management to carefully evaluate whether the nature, size, and complexity of their business truly require a departmental accounting system, or if simpler methods would be more practical.

Methods of Departmental Account:

There are two methods of keeping Departmental Accounts:

  • Separate Set of Books for each department
  • Accounting in Columnar Books form

Separate Set of Books for each Department

Under this method of accounting, each department is treated as a separate unit and separate set of books are maintained for each unit. Financial results of each unit are combined at the end of accounting year to know the overall result of the store.

Due to high cost, this method of accounting is followed only by very big business houses or where to do so is compulsory as per the law. Insurance business is one of the best examples, where to follow this system is compulsory.

Accounting in Columnar Books Form

Small trading unit generally uses this system of accounting, where accounts of all departments are maintained together by central accounts department in the columnar books form. Under this method, sale, purchase, stock, expenses, etc. are maintained in a columnar form.

It is necessary that to prepare a departmental Trading and Profit and Loss Account, preparation of subsidiary books of accounts having different columns for the different department is required. Purchase Book, Purchase Return Book, Sale Book, Sales return books etc. are the examples of the subsidiary books.

Specimen of a Sale Book is given below:

Sales Book

Date Particulars L.F. Department A Department B Department C Department D

A Trading account in columnar form is prepared to know the department wise gross profit of the concern.

Function wise classification may also be done in a business unit like Production department, Finance department, Purchase department, Sale department, etc.

Allocation of Department Expenses

  • Some expenses, which are specially incurred for a particular department may be charged directly to the respective department. For example, hiring charges of the transport for delivery of goods to customer may be charged to the selling and distribution department.
  • Some of the expenses may be allocated according to their uses. For example, electricity expenses may be divided according to the sub meter of each department.

Following are the examples of some expenses, which are not directly related to any particular department may be divide as:

  • Cartage Freight Inward Account: Above expenses may be divided according to purchase of each department.
  • Depreciation: Depreciation may be divided according to the value of assets employed in each department.
  • Repairs and Renewal Charges: Repair and renewal of the assets may be divided according to the value of the assets used by each department.
  • Managerial Salary: Managerial salary should be divided according to the time spent by the manager in each department.
  • Building Repair, Rents & Taxes, Building Insurance, etc.: All the expenses related to the building should be divided according to the floor space occupied by each department.
  • Selling and Distribution Expenses: All the expenses relating to selling and distribution expenses should be divided according to the sales of each department, such as freight outward, travelling expenses of sales personals, salary and commission paid to salesmen, after sales services expenses, discount and bad debts, etc.
  • Insurance of Plant & Machinery: The value of such Plant & Machinery in each department is the basis of the insurance.
  • Employee/worker Insurance: Charges of a group insurance should be divided according to the direct wage expenses of each department.
  • Power & Fuel: Power & fuel will be allocated according to the working hours and power of the machine (i.e. Hours worked x Horse power).

Inter-Department Transfer

An inter-department analysis sheet is prepared at a regular interval such as weekly or monthly basis to record all the inter-departmental transfers of goods and services. It is necessary, as each department is working as a separate profit center. Transfer of the prices of such transactions can be cost base, market price, or duel basis.

Following Journal entry will pass at the end of that period (weekly or monthly):

Journal Entry Receiving Department A/c                      Dr To Supplying Department A/c

Inter-Department Transfer Price

There are three types of transfer prices:

  • Cost based transfer price: Where the transfer price is based on standard, actual, or total cost, or marginal cost is called cost based transfer price.
  • Market based transfer price: Where the goods are transferred at selling price from one department to another is known as market based price. Therefore, unrealized profit on the goods sold is debited from the selling department in the form of a stock reserve for both the opening and the closing stock.
  • Dual pricing system: Under this system, the goods are transferred on the selling price by the transferor department and booked at the cost price by the transferee department.

Illustration

Please prepare a Departmental Trading and Profit and Loss Account & General Profit and Loss Account for the year ended 31-12-2014 of M/s Andhra & Company where department A sells goods to department B on Normal selling price.

Particulars Dept. A Dept. B
Opening stock 175,000
Purchases 4,025,000 350,000
Inter Transfer of Goods 1,225,000
Wages 175,000 280,000
Electricity Expenses 17,500 245,000
Closing Stock (at cost) 875,000 315,000
Sales 4,025,000 2,625,000
Office Expenses 35,000 28,000
Combined Expenses for both Department
Salaries (2:1 Ratio) 472,500
Printing and Stationery Expenses (3:1 Ratio) 157,500
Advertisement Expenses ( Sale Ratio) 1,400,000
Depreciation (1:3 Ratio) 21,000

Solution

M/s Andhra & Company

Departmental Trading and Profit and Loss Account

For the year ended 31-12-2014

Particulars Dept. A Dept. B Particulars Dept. A Dept. B
To Opening Stock

 

To Purchases

To Transfer from A

To Wages

To Gross Profit c/d

175,000

 

4,025,000

175,000

1,750,000

 

350,000

1,225,000

280,000

1,085,000

By Sales

 

By Transfer to B

By Closing Stock

4,025,000

 

1,225,000

875,000

2,625,000

 

—-

315,000

Total 6,125,000 2,940,000 Total 6,125,000 2,940,000
To Electricity Expenses

 

To Office Expenses

To Salaries (2:1 ratio)

To Printing &

Stationery (3:1 Ratio)

To Advertisement Exp.

( Sales Ratio 40.25 :26.25)

To Depreciation (1:3 Ratio)

To Net Profit

17,500

 

35,000

315,000

118,125

847,368

5,250

411,757

245,000

 

28,000

157,500

39,375

552,632

15,750

46,743

By Gross Profit b/d 1,750,000 1,085,000
Total 1,750,000 1,085,000 Total 1,750,000 1,085,000

General Profit and Loss Account

For the year ended 31-12-2014

Particulars Dept. A Particulars Dept. B
To Stock reserve (Dept. B)

 

To Net Profit c/d

81,667

 

376,833

By Departmental Net Profit b/d

 

Dept. A411,757

Dept. B46,743

————-

458,500
Total 458,500 Total 458,500

Basis of Allocation of expenses

Principles for Allocation of Expenses:

The following principles should be noted for the purpose:

(a) Expenses relating to direct benefit of a particular department are charged to the department concerned, e.g., cost of special packing materials is charged to the specific department for which it is used.

(b) Expenses relating to the benefit of more than one department but capable of precise allocation are charged to the departments concerned accordingly, i.e., on some equitable basis, e.g., Rent can be charged to the different departments according to floor area occupied.

(c) Expenses relating to the benefit of more than one department not capable of precise allocation are to be allocated on some arbitrary basis, e.g., Managers salary is to be apportioned on the basis of turnover or cost of sales.

Purpose of Allocation of Expenses:

The following list may be followed for the purpose of allocation of expenses among the different departments:

Expenses:

  1. Selling Expenses, Selling Commissions, Advertisement, Bad Debts, Carriage Outwards, Packing and Delivery Expenses, Godown Rent, Storage, Discount allowed, Travelling Salesmen’s Salary and Commission, After Sale Service, Sales Managers Salary, Provision for Discount Allowed, Freight Outwards etc.
  2. Discount Received, Carriage Inwards Provision for Discount on Creditors.
  3. Rent, Rates, Taxes, Repairs to Building, Insurance, Maintenance or Depreciation of Building, Air Conditioning Expenses, etc.
  4. Lighting, Electricity Charges. Heating etc. Insurance, Depreciation on Plant and Machinery, Fire.
  5. Insurance, Preliminary repairs to assets, Repairs and renewals etc.
  6. Group Insurance Premium, Supervisors’ Salary, Workmen Compensation Insurance, Contribution to ESI etc.
  7. Canteen Expenses, Medical benefits, Labour and Welfare expenses or expenses relating to labour.
  8. Works Manager’s Salary.
  9. Power.
  10. Insurance of Stock.

Basis of Allocation:

  1. Turnover or Sales of each department.
  2. Purchase of each department.
  3. Floor area occupied or Value of floor space
  4. Light Points/Floor Area Occupied Assets value of each department
  5. Direct wages of each department
  6. Numbers of workers
  7. Time spent in each department
  8. Horse Power or Horse Power x Hours worked
  9. Average stock of each department

Note:

There are certain expenses which cannot be apportioned or allocated among the different departments on a suitable basis, the same should be transferred to General Profit and Loss Account (e.g., Interest on Capital, Debenture Interest, Loss on sale of assets, Interest on loan, General Manager’s Salary etc.).

Types of Costs

There are several types of costs that an organization must define before allocating costs to their specific cost objects. These costs include:

  1. Direct costs

Direct costs are costs that can be attributed to a specific product or service, and they do not need to be allocated to the specific cost object. It is because the organization knows what expenses go to the specific departments that generate profits and the costs incurred in producing specific products or services. For example, the salaries paid to factory workers assigned to a specific division is known and does not need to be allocated again to that division.

  1. Indirect costs

Indirect costs are costs that are not directly related to a specific cost object like a function, product, or department. They are costs that are needed for the sake of the company’s operations and health. Some common examples of indirect costs include security costs, administration costs, etc. The costs are first identified, pooled, and then allocated to specific cost objects within the organization.

Indirect costs can be divided into fixed and variable costs. Fixed costs are costs that are fixed for a specific product or department. An example of a fixed cost is the remuneration of a project supervisor assigned to a specific division. The other category of indirect cost is variable costs, which vary with the level of output. Indirect costs increase or decrease with changes in the level of output.

  1. Overhead costs

Overhead costs are indirect costs that are not part of manufacturing costs. They are not related to the labor or material costs that are incurred in the production of goods or services. They support the production or selling processes of the goods or services. Overhead costs are charged to the expense account, and they must be continually paid regardless of whether the company is selling any good or not.

Accounting for Joint Ventures: Introduction, Meaning, Objectives

An association of two or more persons or we may say temporary partnership combined for the carrying out a specific business, and divide profit or loss thereof in agreed ratio is called a Joint Venture. Concerned parties to joint venture are known as co-venturers. The liabilities of co-venturers are limited to their profit sharing ratio or as per agreed terms:

Suppose ‘A’ and ‘B’ undertake the job to develop a park for a consideration of Rs. 10,000/- Lacs. Since they come together for a work on a specific project, it will termed as joint venture and each of them (A and B) will be called as a co-venturer. Further, this venture will automatically terminate once the project is completed.

Major Features and Characteristics of Joint Venture

  • There is an agreement between two or more persons.
  • Joint venture is made for the specific execution of a business plan/project.
  • It is a temporary partnership without the use of a firm name.
  • Agreement for joint ventures is automatically dissolved as soon as specific project is over.
  • Profit & Share are shared on the same terms and conditions agreed upon. However, in the absence of any agreement, profit & share will be divided equally.

Salient Features of Joint Venture

  1. Agreement: Two or more firms come to an agreement, to undertake a business, for a definite purpose and are bound by it.
  2. Joint Control: There exist a joint control of the co-venturers over business assets, operations, administration and even the venture.
  3. Pooling of resources and expertise: Firms pool their resources like capital, manpower, technical know-how, and expertise, which helps in large-scale production.
  4. Sharing of profit and loss: The co-venturers agree to share the profits and losses of the business in an agreed ratio. The computation of the profit and loss is usually done at the end of the venture, however, when it continues for the long duration, the profit and loss is calculated annually.
  5. Access to advanced technology: By entering into joint venture firms get access to various techniques of production, marketing and doing business, which decreases the overall cost and also improves quality.
  6. Dissolution: Once the term or purpose of the joint venture is complete, the agreement comes to an end, and the accounts of the coventurers, are settled, as and when it is dissolved.

The co-venturers are free to carry on their own business, unless otherwise provided in the joint venture agreement, during the life of the venture.

Partnership and Joint Venture

There are following differences between partnership and joint venture −

  • Partnership always carried on with firm’s name, but for the joint venture, no such firm’s name is required.
  • The persons who run the business on partnership are called as partners and the persons who agreed to take the project as joint venture are called as co-venturers.
  • Normally, a partnership is constituted for a long period (including various projects), whereas joint venture is formed to complete a specific job/project.
  • Partnership is governed under the Partnership Act, 1932, whereas there is no enactment of such kind for the joint ventures. However, as a matter of fact in law, a joint venture is treated as a partnership.
  • There is no limit specified for the numbers of co-venturers, but the number of partners is limited to 10 under banking business and 20 for any other trade or business.
  • Liability of a partner is unlimited and may extent of his business and personal estate, whereas under joint venture, liabilities of co-venturers are limited to the particular assignment or project agreed upon.

Joint Venture and Consignment

Major differences between joint venture and consignment may be summarized as −

  • Relationship: The co-venturers of a Joint venture are the owners of a Joint venture, whereas relationship of a consignor and consignee is of owner and Agent.
  • Sharing of Profits: There is no distribution of profit between a consignor and consignee, consignee only gets commission on sale made by him. On the other hand, the co-venturers of a joint venture share profits as per the agreed profit sharing ratio.
  • Ownership of Goods: Ownership of the goods remains with the consignor. Consignor transfers only possession to the consignee, but every co-venturer of a joint venture is the co-owner of the goods/project.
  • Contribution of Funds: Investment is done by the consignor only. On the other hand, funds are contributed by all co-ventures in a certain agreed proportion.
  • Continuity of Business: In case of a joint venture, there is no continuity of the business once project is completed. On the other hand, if, everything goes smooth, consignment is a continuous process.

Accounting Records

To keep a record of the joint venture transactions, there are three following types of accounting methods:

  • When one of the Venturers keeps Accounts,
  • When Separate Books of Accounts are kept for the Joint Venture, and
  • When Separate Books of Accounts are not kept for the Joint Venture.

Let’s discuss each of them separately:

When one of the Venturers keeps Accounts

If one of the co-venturers is appointed to manage the joint venture, he is awarded an extra commission or remuneration out of the profit for his services.

Journal Entries

When share of investment received from other co-venturers Cash/Bank A/cDr

To Co-venturers A/c

When goods are purchased Joint Venture A/cDr

To Cash A/c (in case of cash purchase)

Or

To Creditors A/c (for credit purchase)

When expenses incurred Joint Venture A/cDr

To Cash A/c

When goods are sold Cash A/cDr

Or

Debtors A/cDr

To Joint Venture A/c

When commission allowed to working co-venturer Joint Venture A/cDr

To Commission A/c

In case of Profit balance of joint venture, account will be transferred to profit & Loss (own share of working co-venturer) and other co-venture’s personal accounts Joint Venture A/cDr

To Profit & Loss A/c

To Co-venturers personal A/c

In case of Loss Profit & Loss A/cDr

To Joint Venture A/c

On settlement of accounts All Co-venturer A/cDr

To Cash/Bank A/c

When Separate Books of Accounts are kept for the Joint Venture

Under this method, all co-venturers contribute their share of investment and deposit their shares in a Joint Bank account — newly opened for the specific purpose of the Joint Venture. They may use this bank account to make any kind of payments and to deposit sale proceeds or any other kind of receipts.

In addition to Bank account, a Joint venture account is also opened in the books to keep records of all transactions routed through this account.

This category of accounts is a personal account of the each co-venturer. Thus following three accounts are opened −

  • Joint Bank Account
  • Joint Venture Account
  • Personal account of co-venturers

When Separate Books of Accounts are not kept for the Joint Venture

It is of two types:

  • When all venturers keep separate accounts
  • Memorandum joint venture method

When all Venturers keep Separate Accounts:

  • Separate Joint venture account and personal accounts of other co-venturers are opened under this method of accounting.
  • Joint venture account is debited and bank account or creditor account is credited on the account of goods purchased or expensed.
  • Joint venture account is credited and a bank account or debtor account is debited in case of either cash sale or credit sale.
  • Each co-venturer debits joint venture account and credits personal accounts of other co-venturer on the account of either goods purchased or expensed by other co-venturers.
  • Joint venture account is credited and personal account of others co-venturer account is debited in case of sale made by other co-venturers.
  • Joint venture account is debited and commission account is credited if, commission is receivable, but if commission is receivable by other co-venturer, then the concerned co-venturer account will be credited instead of the commission account.
  • If unsold stock is taken, then goods account will be debited by crediting Joint venture account. On the other hand, if unsold stock is taken by any other co-venturer, then personal account of the co-venturer will be debited.
  • Balance in the joint venture accounts represents profit or loss and later that amount of profit or loss will be transferred to the personal accounts of co-venturers.

Note: Above transactions are possible only when all the co-venturers exchange information’s on regular basis.

Objectives of Joint Venture

  • To enter foreign market and even new or emerging market.
  • To reduce the risk factor for heavy investment.
  • To make optimum utilisation of resources.
  • To gain economies of scale.
  • To achieve synergy.

Joint ventures are primarily formed for construction of dams and roads, film production, buying and selling of goods etc.

The type of joint venture is based on the various factors like, the purpose for which it is formed, number of firms involved and the term for which it is formed.

error: Content is protected !!