THE INCOME-TAX ORDINANCE, 1984

(ORDINANCE NO. XXXVI OF 1984).

Go [ 4th June, 1984 ]

An Ordinance to consolidate and amend the law relating to

Income-tax.

WHEREAS it is expedient to consolidate and amend the law

relating to income-tax;

NOW, THEREFORE, in pursuance of the Proclamation of the 24th

March, 1982, and in exercise of all powers enabling him in this
behalf, the President is pleased to make and promulgate the
following Ordinance:-

CONTENTS

SECTIONS

CHAPTER I
PRELIMINARY

1. Short title and commencement

2. Definitions

CHAPTER II
ADMINISTRATION

3. Income-tax authorities
4. Appointment of income-tax authorities
4A. Delegation of powers
5. Subordination and control of income-tax authorities

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6. Jurisdiction of income-tax authorities
7. Exercise of jurisdiction by successor
8. Officers, etc. to follow instructions of the Board
9. Guidance to the Deputy Commissioner of Taxes, etc.
10. Exercise of assessment functions by the Inspecting Joint Commissioners
[and the Inspecting Additional Commissioners]
CHAPTER III
TAXES APPELLATE TRIBUNAL

11. Establishment of Appellate Tribunal

12. Exercise of power of the Tribunal by Benches
13. Decision of Bench
14. Exercise of power by one member
15. Regulation of procedure

CHAPTER IV
CHARGE OF INCOME TAX

16. Charge of income-tax

16A. Charge of surcharge
16B. Charge of additional tax
16C. Charge of excess profit tax
16CC. [Omitted]
16D. [Omitted]
17. Scope of the total income
18. Income deemed to accrue or arise in Bangladesh
19. Un-explained investments, etc., deemed to be income
19A. Exemption in respect of investment in new industry
19AA. Special tax treatment in certain cases of investment
19AAA. Exemption in respect of investment
19B [Omitted]
19BB [Omitted]
19BBB [Omitted]

CHAPTER V
COMPUTATION OF INCOME

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20. Heads of income
21. Salaries
22. Interest on securities
23. Deductions from interest on securities
24. Income from house property
25. Deductions from income from house property
26. Agricultural income
27. Deductions from agricultural income
28. Income from business or profession
29. Deductions from income from business or profession
30. Deduction not admissible in certain circumstances
30A. Provision for disallowance
31. Capital gains
32. Computation of capital gains
33. Income from other sources
34. Deductions from income from other sources
35. Method of accounting
36. Allocation of income from royalties, etc., for literary works, etc.
37. Set off of losses
38. Carry forward of business losses
39. Carry forward of loss in speculation business
40. Carry forward of loss under the head “Capital gains”
41. Carry forward of loss under the head “Agricultural income”
42. Conditions and limitations of carrying forward of loss, etc.
43. Computation of total income

CHAPTER VI
EXEMPTIONS AND ALLOWANCES

44. Exemption
45. Exemption of income of an industrial undertaking
46. Exemption of income of a tourist industry
46A. Exemption from tax of newly established industrial undertakings, etc. in
certain cases

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46B. Exemption from tax of newly established industrial undertakings set-up
between the period of July, 2008 to June, 2011, etc. in certain cases.
47. Exemption of income of co-operative societies

CHAPTER VII
PAYMENT OF TAX BEFORE ASSESSMENT

48. Deduction at source and advance payment of tax

49. Income subject to deduction at source
50. Deduction at source from salaries
50A. Deduction at source from discount on the real value of Bangladesh
Bank bills
51. Deduction at source from interest on securities
51A. [Omitted]
52. Deduction from payment to contractors, etc.
52A. Deduction at source from fees for professional or technical services
52AA. Deduction from the payment of certain services
52AAA. Collection of tax from clearing and forwarding agents
52B. Collection of tax from Cigarette manufacturers
52C. Deduction at source from compensation against acquisition of
property
52D. Deduction at source from interest on savings instruments
52E. [Omitted]
52F. Collection of tax from brick manufacturers
52G. [Omitted]
52H. [Omitted]
52I. Deduction from the commission of letter of credit
52J. [Omitted]
52K. Collection of tax by City Corporation or Pourashava at the time of
renewal of trade licence.
52L. Collection of tax on account of trustee fees.
52M. Collection of tax from freight forward agency commission.
52N. Collection of tax on account of rental power.
53. Collection of tax from importers and exporters
53A. Deduction at source from income from house property
53DD. Deduction of tax at source from export cash subsidy

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53E. Deduction or collection at source from [commission, discount or fees]
53EE. Deduction of tax from commission or remuneration paid to agent of
foreign buyer
53F. Deduction at source from interest on saving deposits and fixed deposits,
etc.
53FF. Collection of tax from persons engaged in real estate or land
development business
53G. Deduction at source from insurance commission
53GG. Deduction at source from fees, etc. of Surveyors of general insurance
company
53GGG. [Omitted]
53H. Collection of tax on transfer, etc. of property
53I. Deduction at source from interest on deposit of Post Office Savings Bank
Account.
53AA. Collection of tax from shipping business of a resident
53J. Deduction at source from rental value of vacant land or plant or
machinery.
53K. Deduction of tax from advertising bill of newspaper or magazine or
private television channel.
53B. Deduction of tax from income derived on account of export of
manpower
53BB. Collection of tax from export of knit-wear and woven garments
53BBB. Collection of tax from Member of Stock Exchanges
53BBBB. Collection of tax from export of any goods except knit-wear land
woven garments.
53C. Collection of tax on sale price of goods or property sold by public
auction
53CC. Deduction or collection of tax at source from courier business of a
non-resident
53D. Deduction from payment to actors and actresses
54. Deduction of tax from dividends
55. Deduction from income from lottery, etc.
56. Deduction from income of non-residents
57. Consequences of failure to deduct, etc.
58. Certificate of deduction, etc., of tax
59. Payment to Government of tax deducted
60. Unauthorised deduction prohibited
61. Power to levy tax without prejudice to other mode of recovery
62. Credit of tax deducted or collected at source

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63. Payment of tax where no deduction is made
64. Advance payment of tax
65. Computation of advance tax
66. Instalments of advance tax
67. Estimate of advance tax
68. Advance payment of tax by new assessees
69. Failure to pay instalments of advance tax
70. Levy of interest for failure to pay advance tax
71. Credit of advance tax
72. Interest payable by Government on excess payment of advance tax
73. Interest payable by the assessee on deficiency in payment of advance
tax
74. Payment of tax on the basis of return

CHAPTER VIII
RETURN AND STATEMENT

75. Return of income

76. Certificate in place of return
77. Notice of filing return
78. Filing of revised return
79. Production of accounts and documents
80. [Statements of assets, liabilities and life style]

CHAPTER IX
ASSESSMENT

81. Provisional assessment

82. Assessment on correct return.
82A. Assessment under simplified procedure
82B [Omitted]
82C. Tax on income of certain persons
82D. Spot assessment
82BB. Universal Self Assessment.
83. Assessment after hearing
83A[Omitted]

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83AA [Omitted]
83AAA. Assessment on the basis of report of a chartered accountant
84. Best judgment assessment
84A. [Omitted]
85. Special provisions regarding assessment of firms
86. Assessment in case of change in the constitution of a firm
87. Assessment in case of constitution of new successor firm
88. Assessment in case of succession to business otherwise than on death
89. Assessment in case of discontinued business
90. Assessment in case of partition of a Hindu undivided family
91. Assessment in case of persons leaving Bangladesh
92. Assessment in the case of income of a deceased person
93. Assessment in case of income escaping assessment, etc.
94. Limitation for assessment
94A. [Omitted]

CHAPTER X
LIABILITY IN SPECIAL CASES

95. Liability of representative in certain cases

96. Persons to be treated as agent
97. Right of representative to recover tax paid
98. Liability of firm or association for unrecoverable tax due from partners or
members
99. Liability of partners, etc., for discontinued business of a firm, etc.
100. Liability of directors for unrecoverable tax of private companies
101. Liability of liquidator for tax of private companies under liquidation
102. Liability to tax in case of shipping business of non-residents
103. [Omitted]
103A. Liability to tax in case of air transport business of non-residents

CHAPTER XI
SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

104. Avoidance of tax through transactions with non-residents

105. Avoidance of tax through transfer of assets

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106. Avoidance of tax by transactions in securities
107. Tax clearance certificate required for persons leaving Bangladesh

CHAPTER XII
REQUIREMENT OF FURNISHING CERTAIN INFORMATION

108. Information regarding payment of salary

109. Information regarding Payment of interest
110. Information regarding payment of dividend

CHAPTER XIII
[REGISTRATION OF FIRMS-Omitted]

111. [Omitted]

CHAPTER XIV
POWERS OF INCOME TAX AUTHORITIES

112. Powers under this Chapter not to prejudice other powers

113. Power to call for information
114. Power to Inspect registers of companies
115. Power of survey
116. Additional powers of enquiry and production of documents
117. Power of search and seizure
117A. Power to verify deduction or collection of tax
118. Retention of seized assets
119. Application of retained assets
120. Power of Inspecting Joint Commissioner to revise orders of Deputy
Commissioner of Taxes
121 [Omitted]
122. Power to take evidence on oath, etc.

CHAPTER XV
IMPOSITION OF PENALTY

123. Penalty for not maintaining accounts in the prescribed manner

124. Penalty for failure to file return, etc.
125. Failure to pay advance tax, etc.
126. Penalty for non-compliance with notice
127. Failure to pay tax on the basis of return

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128. Penalty for concealment of income
129. [Omitted]
130. Bar to imposition of penalty without hearing
131. Previous approval of Inspecting Joint Commissioner for imposing
penalty
131A. Previous approval of the Board for imposing penalty
132. Orders of Appellate Joint Commissioner, etc., to be sent to Deputy
Commissioner of Taxes
133. Penalty to be without prejudice to other liability

CHAPTER XVI
RECOVERY OF TAX

134. Tax to include penalty, interest, etc.

135. Notice of demand
136. [Omitted]
137. Penalty for default in payment of tax
138. Certificate for recovery of tax
139. Method of recovery by Tax Recovery Officer
140. Power of withdrawal of certificate and stay of proceeding
141. Validity of certificate for recovery not open to dispute
142. Recovery of tax through Collector of District
142A. Recovery of tax through Special Magistrates
143. Other modes of recovery

CHAPTER XVII
DOUBLE TAXATION RELIEF

144. Agreement to avoid double taxation

145. Relief in respect of income arising outside Bangladesh

CHAPTER XVIII
REFUNDS

146. Entitlement to refund

147. Claim of refund for deceased or disabled persons
148. Correctness of assessment, etc., not to be questioned
149. Refund on the basis of orders in appeal
150. Form of claim and limitation

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151. Interest on delayed refund
152. Adjustment of refund against tax

CHAPTER XVIIIA
[SETTLEMENT OF CASES.- Omitted]

152A, 152B, 152C, 152D and 152E. [Omitted]

CHAPTER XIX
APPEAL AND REFERENCE
153. Appeal against order of Deputy Commissioner of Taxes [and Inspecting
Joint Commissioner]
154. Form of appeal and limitation
155. Procedure in appeal before the Appellate Joint Commissioner [or the
Commission (Appeals)]
156. Decision in appeal by the Appellate Joint Commissioner [or the
Commission (Appeals)]
157. Appeal against order of Tax Recovery Officer
158. Appeal to the Appellate Tribunal
159. Disposal of appeal by the Appellate Tribunal
160. Reference to the High Court Division
161. Decision of the High Court Division
162. Appeal to the Appellate Division

CHAPTER XX
PROTECTION OF INFORMATION

163. Statement, returns, etc., to be confidential

CHAPTER XXI
OFFENCES AND PROSECUTION

164. Punishment for non-compliance of certain obligations

165. Punishment for false statement in [verifications, etc.]
166. Punishment for concealment of income, etc.
167. Punishment for disposal of property to prevent attachment
168. Punishment for disclosure of protected information
169. Sanction for prosecution
170. Power to compound offences
171. Trial by Special Judge

CHAPTER XXII

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 MISCELLANEOUS

172. Relief when salary, etc., is paid in arrear or advance

173. Correction of errors
173A. Place of assessment
174. Appearance by authorised representative
175. Tax to be calculated to nearest taka
176. Receipts to the given
177. Computation of the period of limitation
178. Service of notice
179. Certain errors not to vitiate assessment, etc.
180. Proceeding against companies under liquidation
181. Indemnity
182. Bar of suits and prosecution, etc.
183. Ordinance to have effect pending legislative provision for charge of tax
184. [Omitted]
184A. Requirement of certificate in certain cases
184AA. Tax-payer’s identification number (TIN) in certain documents, etc.
184C. Displaying of tax payer’s identification number certificate
184D. Reward for collection and detection of evasion of taxes
184B. Tax-payer’s identification number
184BB. Tax collection account number
184BBB. Unified Taxpayer's Identification Number (UTIN).

CHAPTER XXIII
RULES AND REPEAL

185. Power to make rules

186. Repeal and savings
187. Removal of difficulties
SCHEDULE

Copyright®2008, Ministry of Law, Justice and Parliamentary Affairs

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Today's Total Visit 2844

THE INCOME-TAX ORDINANCE, 1984

(ORDINANCE NO. XXXVI OF 1984).

[4th June, 1984]

An Ordinance to consolidate and amend the law relating to

Income-tax.

WHEREAS it is expedient to consolidate and amend the law

relating to income-tax;

NOW, THEREFORE, in pursuance of the Proclamation of the 24th

March, 1982, and in exercise of all powers enabling him in this

Page 12 of 277
 behalf, the President is pleased to make and promulgate the
following Ordinance:-

CHAPTER I

PRELIMINARY

Short title and 1. (1) This Ordinance may be called the Income-tax
commencement Ordinance, 1984.

(2) It shall come into force on the first day of July, 1984.

Definitions 2. In this Ordinance, unless there is anything repugnant in

the subject or context,-

(1) “agricultural income” means-

(a) any income derived from any land in Bangladesh

and used for agricultural purposes-

(i) by means of agriculture; or

(ii) by the performance of any process ordinarily

employed by a cultivator to render marketable the
produce of such land; or

(iii) by the sale of the produce of the land raised by the

cultivator in respect of which no process, other than that
to render the produce marketable, has been performed;
or

(iv) by granting a right to any person to use the land for

any period; or

(b) any income derived from any building which-

(i) is occupied by the cultivator of any such land as is

referred to in sub-clause (a) in which any process is
carried on to render marketable any such produce as

Page 13 of 277
aforesaid;

(ii) is on, or in the immediate vicinity of, such land; and

(iii) is required by the cultivator as the dwelling house or

store-house or other out-house by reason of his
connection with such land;

(2) “amalgamation”, in relation to companies, means

the merger of one or more companies with another
company, or the merger of two or more companies to
form one company (the company or companies which
so merged being referred to as the amalgamating
company or companies and the company with which
they merge or which is formed as a result of the merger
as the amalgamated company) in such a manner that
by virtue of, and for reasons attributable to, the merger,-

(a) all the property of the amalgamating company or

companies immediately before the merger becomes the
property of the amalgamated company;

(b) all the liabilities of the amalgamating company or

companies immediately before the merger become the
liabilities of the amalgamated company; and

(c) the shareholders holding not less than nine-tenths in

value of the shares in the amalgamating company or
companies (other than shares already held therein
immediately before the merger by, or by a nominee for,
the amalgamated company or its subsidiary) become
shareholders of the amalgamated company;

(3) “annual value” shall be deemed to be-

(a) in relation to any property let out,-

(i) the sum for which property might reasonably be

expected to let from year to year; or

(ii) where the annual rent in respect thereof is in excess of

the sum referred to in paragraph (i), the amount of the
annual rent;

1[ * * *]

(4) “Appellate Joint Commissioner” means a person

appointed to be an Appellate Joint Commissioner of

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Taxes under section 3 2[ , and includes a 3[ an Appellate
Additional Commissioner of Taxes]] 4[ and also a person
appointed to hold current charge of an Appellate Joint
Commissioner of Taxes];

(5) “Appellate Tribunal” means the Taxes Appellate

Tribunal established under section 11;

5[ (5A) “approved gratuity fund” means a gratuity fund

which has been and continues to be approved by the
Board in accordance with the provisions of Part C of the
First Schedule;]

(6) “Approved superannuation fund” means a

superannuation fund 6[ or a pension fund] which has
been and continues to be approved by the Board in
accordance with the provisions of Part A of the First
Schedule;

(7) “Assessee”, means a person by whom any tax or

other sum of money is payable under this Ordinance,
and includes-

(a) every person in respect of whom any proceeding

under this Ordinance has been taken for the assessment
of his income or the income of any other person in
respect of which he is assessable, or of the amount of
refund due to him or to such other person;

(b) every person who is required to file a return under

section 75, section 89 or section 91;

(c) every person who desires to be assessed and submits

his return of income under this Ordinance; and

(d) every person who is deemed to be an assessee, or an

assessee in default, under any provision of this
Ordinance;

(8) “assessment”, with its grammatical variations and

cognate expressions, includes re-assessment and
additional or further assessment;

(9) “assessment year” means the period of twelve

months commencing on the first day of July every year;
and includes any such period which is deemed, under
the provisions of this Ordinance, to be assessment year in
respect of any income for any period;

Page 15 of 277
(10) “Assistant Commissioner of Taxes” means a person
appointed to be an Assistant Commissioner of Taxes
under section 3;

(11) “Bangladeshi company” means a company formed

and registered under the Companies Act, 1913 (VII of
1913) 7[ or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন), and includes a
body corporate] established or constituted by or under
any law for the time being in force in Bangladesh having
in either case its registered office in Bangladesh;

(12) “Banking company” has the same meaning as in 8[

বয্াংক-েকাmানী আiন, 1991 (1991 সেনর 14 নং আiন)], and includes any
body corporate established or constituted by or under
any law for the time being in force which transacts the
business of banking in Bangladesh;

(13) “Board” means the National Board of Revenue

constituted under the National Board of Revenue Order,
1972 (P. O. No. 76 of 1972);

(14) “business” includes any trade, commerce or

manufacture or any adventure or concern in the nature
of trade, commerce or manufacture;

(15) “capital asset” means property of any kind held by

an assessee, whether or not connected with his business
or profession, but does not include-

(a) any stock-in-trade (not being stocks and shares),

consumable stores or raw materials held for the purposes
of his business or profession;

(b) personal effects, that is to say, movable property

(including wearing apparel, jewellery, furniture, fixture,
equipment and vehicles), which are held exclusively for
personal use by, and are not used for purposes of the
business or profession of the assessee or any member of
his family dependent on him; and

(c) agricultural land in Bangladesh, not being land

situate-

(i) in any area which is comprised within the jurisdiction of

municipality (whether known as a municipality, municipal
corporation, town, or by any other name) or a

Page 16 of 277
cantonment Board and which has a population of not
less than ten thousand according to the last preceding
census of which the relevant figures have been
published before the first day of the income year; or

(ii) in any area within such distance not being more than
five miles from the local limits of any municipality or
cantonment board referred to in paragraph (i), as the
Government may having regard to the extent of, and
scope for, urbanisation of that area and other relevant
considerations, specify in this behalf by notification in the
official Gazette;

(16) “charitable purpose” includes relief of the poor,

education, medical relief and the advancement of any
object of general public utility;

(17) “chartered accountant” means a chartered

accountant as defined in the Bangladesh Chartered
Accountants Order, 1973 (P.O. No. 2 of 1973);

(18) “child”, in relation to any individual, includes a step-

child and an adopted child of that individual;

9[(19) “Commissioner” means a person appointed to be

a Commissioner of Taxes or Commissioner (Large
Taxpayer Unit) under section 3, or a person appointed to
hold current charge of a Commissioner of Taxes or
Commissioner (Large Taxpayer Unit);]

10[
(19A) “Commissioner (Appeals)” means a person
appointed to be a 11[ Commissioner of Taxes (Appeals)
under section 3 and includes a person appointed to hold
current charge of a Commissioner of Taxes (Appeal)];

12[ * * *]

(20) “Company” means a company as defined in 13[ the

Companies Act, 1913 (VII of 1913) or েকাmানী আiন, 1994 (1994
সেনর 18 নং আiন)] and includes-

(a) a body corporate established or constituted by or

under any law for the time being in force;

(b) any nationalised banking or other financial institution,

insurance body and industrial or business enterprise; 14[ *
* *]

Page 17 of 277
15[ 16[
(bb) an association or combination of persons,
called by whatever name, if any of such persons is a
company as defined in 17[ the Companies Act, 1913 (VII
of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)];

(bbb) any association or body incorporated by or under

the laws of a country outside Bangladesh; and]

(c) any foreign association or body, 18[ not incorporated

by or under any law], which the Board may, by general
or special order, declare to be a company for the
purposes of this Ordinance;

(21) “co-operative society” means a co-operative

society registered under the Co-operative Societies Act,
1940 (Beng. Act XXI of 1940), or under any other law for
the time being in force governing the registration of co-
operative societies;

(22) “cost and management accountant” means a cost

and management accountant as defined in the Cost
and Management Accountants Ordinance, 1977 (LIII of
1977);

(23) “Deputy Commissioner of Taxes” means a person

appointed to be a Deputy Commissioner of Taxes under
section 3, and includes a person appointed to be an
Assistant Commissioner of Taxes, an Extra Assistant
Commissioner of Taxes and a Tax Recovery Officer;

(24) “director” and “manager” in relation to a company

have the meanings assigned to them in 19[ the
Companies Act, 1913 (VII of 1913) or েকাmানী আiন, 1994 (1994
সেনর 18 নং আiন)];

20[(25) “Director-General of Inspection” means a person

appointed to be a Director-General of Inspection (Taxes)
under section 3, and except for the purpose of section
117, includes a person appointed for the purpose of this
Ordinance to be an Additional Director-General of
Inspection (Taxes), a Deputy Director-General of
Inspection (Taxes), or an Assistant Director-General of
Inspection (Taxes);]

21[
(25A) “Director General (Training)” means a person
appointed to be Director General (Training);]

Page 18 of 277
22[(25AA) “Director General, Central Intelligence Cell” 23[
or any Joint Director General, Central Intelligence Cell or
Deputy Director General, Central Intelligence Cell
authorised by him];

(26) “dividend” includes-

(a) any distribution by a company of accumulated

profits, whether capitalised or not, if such distribution
entails the release by the company to its shareholders of
all or any part of its assets or reserves;

(b) any distribution by a company, to the extent to which

the company possesses accumulated profits, whether
capitalised or not, to its shareholders of debentures,
debenture-stock or deposit certificates in any form,
whether with or without interest;

(c) any distribution made to the shareholders of a

company on its liquidation to the extent to which the
distribution is attributable to the accumulated profits of
the company immediately before its liquidation, whether
capitalised or not;

(d) any distribution by a company to its shareholders on

the reduction of its capital, to the extent to which the
company possesses accumulated profits, whether such
accumulated profits have been capitalised or not; 24[
(dd) any profit remitted outside Bangladesh by a
company not incorporated in Bangladesh under েকাmানী
আiন, 1994 (1994 সেনর 18 নং আiন)];

(e) any payment by a private company of any sum

(whether as representing a part of the assets of the
company or otherwise) by way of advance or loan to a
shareholder or any payment by any such company on
behalf, or for the individual benefit, of any such
shareholder, to the extent to which the company, in
either case, possesses accumulated profit;

but does not include-

(i) a distribution made in accordance with sub-clause (c)

or sub-clause (d) in respect of any share including
preference share for full cash consideration, or
redemption of debentures or debenture-stock, where

Page 19 of 277
the holder of the share or debenture is not entitled in the
event of liquidation to participate in the surplus assets;

(ii) any advance or loan made to a shareholder in the

ordinary course of its business, where the lending of
money is a substantial part of the business of the
company;

(iii) any dividend paid by a company which is set off by

the company against the whole or any part of any sum
previously paid by it and treated as dividend within the
meaning of sub-clause (e) to the extent to which it is so
set off;

25[ (iiia) any bonus share issued by a company;] 26[ * * *]

Explanation.- The expression “accumulated profits”,-

(a) wherever it occurs in this clause, includes any reserve

made up wholly or partly of any allowance, deduction
or exemption admissible under this Ordinance or under
the Income-tax Act, 1922 (XI of 1922), but does not
include capital gains arising before the first day of April,
1946, or after the thirty-first day of March, 1949, and
before the eighth day of June, 1963;

(b) as used in sub-clauses (a), (b) and (d), includes all

profits of the company up to the date of such
distribution; and

(c) as used in sub-clause (c), includes all profits of the

company up to the date of its liquidation;

(27) “employer” includes a former employer;

(28) “employee”, in relation to a company, includes the

managing director, or any other director or other person,
who, irrespective of his designation, performs any duties
or functions in connection with the management of the
affairs of the company;

(29) “Extra Assistant Commissioner of Taxes” means a

person appointed to be an Extra Assistant Commissioner
of Taxes under section 3 27[ and includes a person
appointed to hold current charge of an Extra Assistant
Commissioner of Taxes];

28[ (30) “fair market value” means, in relation to capital

Page 20 of 277
asset-

(a) the price which such asset would ordinarily fetch on

sale in the open market on the relevant day, and, where
such price is not ascertainable, the price which the
Deputy Commissioner of Taxes may, with the approval in
writing of the Inspecting Joint Commissioner, determine;

(b) the residual value received from the lessee in case of

an asset leased by a financial institution having license
from the Bangladesh Bank on termination of lease
agreement on maturity or otherwise subject to the
condition that such residual value plus amount realised
during the currency of the lease agreement towards the
cost of the asset is not less than the cost of acquisition to
the lessor financial institution.]

(31) “fees for technical services” means any

consideration (including any lump sum consideration) for
the rendering of any managerial, technical or
consultancy services (including the provision of services
of technical or other personnel) but does not include
consideration for any construction, assembly, mining or
like project undertaken by the recipient, or consideration
which would be income of the recipient classifiable
under the head “Salaries”;

(32) “firm” has the same meaning as assigned to it in the

Partnership Act, 1932 (IX of 1932);

(33) “foreign company” means a company which is not

a Bangladeshi company;

(34) “income” includes-

(a) any income, profits or gains, from whatever source

derived, chargeable to tax under any provision of this
Ordinance under any head specified in section 20;

(b) any loss of such income, profits or gains;

(c) the profits and gains of any business of insurance

carried on by a mutual insurance association computed
in accordance with paragraph 8 of the Fourth Schedule;

(d) any sum deemed to be income, or any income

accruing or arising or received, or deemed to accrue or
arise or be received in Bangladesh under any provision

Page 21 of 277
of this Ordinance 29[ :

Provided that the amount representing the face value of

any bonus share or the amount of any bonus declared,
issued or paid by any company registered in Bangladesh
under েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)]; to its shareholders
with a view to increase its paid-up share capital shall not
be included as income of that share-holder.]

30[ * * *]

(35) “income year”, in respect of any separate source of

income, means-

(a) the financial year immediately preceding the

assessment year; or

(b) where the accounts of the assessee have been

made up to a date within the said financial year and the
assessee so opts, the twelve months ending on such
date; or

(c) in the case of a business or profession newly set up in

the said financial year, the period beginning with the
date of the setting up of the business or profession and-

(i) ending with the said financial year; or

(ii) where the accounts or the assessee have been made

up to a date within the said financial year and the
assessee so opts, ending or that date; or

(d) in the case of a business or profession newly set up in

the twelve months immediately preceding the said
financial year-

(i) if the accounts of the assessee have been made up

to a date within the said financial year and the period
from the date of the setting up of the business or
profession to the first-mentioned date does not exceed
twelve months, then, at the option of the assessee, such
period, or

(ii) if any period has been determined under sub-clause

(e), then the period beginning with the date of the

Page 22 of 277
setting up of the business or profession and ending with
the last day of that period, as the case may be; or

(e) in the case of any person or class of persons or any

business or profession or class of business or profession
such period as may be determined by the Board or by
such authority as the Board may authorise in this behalf;

(f) in respect of the assessee's share in the income of a

firm of which the assessee is a partner and the firm has
been assessed as such, the period determined as the
income year for the assessment of income of the firm;

(g) where in respect of a particular source of income an

assessee has once been assessed or where in respect of
a business or profession newly set up, an assessee has
once exercised the option under sub-clause (b) or sub-
clause (c) (ii) or sub-clause (d) (i) then, he shall not, in
respect of that source, or, as the case may be, business
or profession, be entitled to vary the meaning of the
expression “income year” as then applicable to him,
except with the consent of the Deputy Commissioner of
Taxes upon such conditions as the Deputy Commissioner
of Taxes may think fit to impose;

(36) “Inspecting Joint Commissioner” means a person

appointed to be an Inspecting Joint Commissioner of
Taxes under section 3 31[ , and includes 32[ an Inspecting
Additional Commissioner of Taxes]] 33[ and also a person
appointed to hold current charge of an Inspecting Joint
Commissioner of Taxes];

(37) “Inspector” means a person appointed to be an

Inspector of Taxes under section 3;

(38) “Interest” means interest payable in any manner in

respect of any money borrowed or debt incurred
(including a deposit, claim or other similar right or
obligation) and includes any service fee or other charge
in respect of the money borrowed or debt incurred or in
respect of any credit facility which has not been utilised;

(39) “legal representative” has the same meaning as

assigned to it in section 2(11) of the Code of Civil
Procedure, 1908 (Act V of 1908);

(40) “market value”, in respect of agricultural produce,

means-

Page 23 of 277
(a) where such produce is ordinarily sold in the market in
its raw state or after application to it of any process
employed by a cultivator to render it fit to be taken to
the market, t he value calculated according to the
average price at which it has been sold during the year
previous to that in which the income derived from such
produce first becomes assessable; and

(b) where such produce is not ordinarily sold in the

market in its raw state, the aggregate of-

(i) the expenses of cultivation;

(ii) the land development tax or rent paid for the lands in
which it was grown; and

(iii) such amount as the Deputy Commissioner of Taxes

finds, having regarded to the circumstances of each
case, to represent a reasonable rate of profit on the sale
of the produce in question as agricultural produce;

(41) “money borrowed” includes, in the case of a

banking company, money received by way of deposit;

(42) “non-resident” means a person who is not a resident;

(43) “partner” has the same meaning as assigned to it in

the Partnership Act, 1932 (IX of 1932), and includes a
person who, being a minor, has been admitted to the
benefits of partnership;

(44) “partnership” has the same meaning as assigned to

it in the Partnership Act, 1932 (IX of 1932);

34[ (45) “perquisite” means-

(i) any payment made to an employee by an employer

in the form of cash or in any other form excluding basic
salary, festival bonus, incentive bonus not exceeding ten
per cent of disclosed profit of relevant income year,
arrear salary, advance salary, leave encashment or
leave fare assistance and overtime, and

(ii) any benefit, whether convertible into money or not,

provided to an employee by an employer, called by
whatever name, other than contribution to a recognised
provident fund, approved pension fund, approved

Page 24 of 277
gratuity fund and approved superannuation fund;]

(46) “person” includes an individual, a firm, an

association of persons, a Hindu undivided family, a local
authority, a company and every other artificial juridical
person;

(47) “prescribed” means prescribed by rules made under

this Ordinance;

(48) “principal officer”, used with reference to a local

authority, a company, any other public body or any
association of persons, includes-

(a) managing director, manager, secretary, treasurer,

agent or accountant (by whatever designation known),
or any officer responsible for management of the affairs,
or of the accounts, of the authority, company, body or
association; and

(b) any person connected with the management or the

administration of the local authority, company, body or
association upon whom the Deputy Commissioner of
Taxes has served a notice of his intention to treat him as
principal officer thereof;

(49) “profession” includes a vocation;

(50) “profits in lieu of salary” includes-

(a) the amount of compensation due to, or received by,

an assessee from his employer at, or in connection with,
the termination of, or the modification of any terms and
conditions relating to, his employment; and

(b) any payment due to, or received by, an assessee

from a provident or other fund to the extent to which it
does not consist of contributions by the assessee and the
interest on such contributions;

(51) “public servant” has the same meaning as in section

21 of the Penal Code (Act No. XLV of 1860);

(52) “recognised provident fund” means a provident

fund which has been, and continues to be, recognised
by the Commissioner in accordance with the provisions
of Part B of the First Schedule;

Page 25 of 277
35[ * * *]

(54) “relative”, in relation to an individual, means the

husband, wife, brother, sister or any lineal ascendant or
descendant of that individual;

(55) “resident”, in respect of any income year, means-

(a) an individual who has been in Bangladesh-

(i) for a period of, or for periods amounting in all to, one
hundred and eighty-two days or more in that year; or

(ii) for a period of, or periods amounting in all to, ninety

days or more in that year having previously been in
Bangladesh for a period of, or periods amounting in all
to, three hundred and sixty-five days or more during four
years preceding that year;

(b) a Hindu undivided family, firm or other association of

persons, the control and management of whose affairs is
situated wholly or partly in Bangladesh in that year; and

(c) a Bangladeshi company or any other company the

control and management of whose affairs is situated
wholly in Bangladesh in that year;

(56) “royalty” means consideration (including any lump

sum consideration but excluding any consideration
which is classifiable as income of the recipient under the
head “Capital gains”) for-

(a) transfer of all or any rights, including the granting of a

licence, in respect of a patent, invention, model, design,
mark or similar property;

(b) the imparting of any information concerning the

working of, or the use of, a patent, invention, model,
design, secret process or formula, or trade mark or similar
property;

(c) the use of any patent, invention, model, design,

secret process or formula, or trade mark or similar
property;

(d) the imparting of any information concerning

Page 26 of 277
technical, industrial, commercial, or scientific
knowledge, experience or skill;

(e) the transfer of all or any rights, including granting of a

licence, in respect of any copyright, literacy, artistic or
scientific work, including films or video tapes for use in
connection with television or tapes for use in connection
with radio broadcasting, but not including consideration
for sale, distribution or exhibition of cinematograph films;
or

(f) the rendering of any services in connection with any

of the aforesaid activities;

(57) “rules” means rules made under this Ordinance;

(58) “salary” includes-

(a) any wages;

(b) any annuity, pension or gratuity;

(c) any fees, commissions, allowances, perquisites or

profits in lieu of, or in addition to, salary or wages;

(d) any advance of salary; 36[ (e) any leave

encashment;]

(59) “scheduled bank” has the same meaning as in the

Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972); 37[ *
* *]

(60) “shareholder” includes a preference shareholder;

(61) “speculation-business” means business in which a

contract for the purchase or sale of any commodity,
including stocks and shares, is periodically or ultimately
settled otherwise than by the actual delivery or transfer
of the commodity or scripts, but does not include
business in which-

Page 27 of 277
(a) a contract in respect of raw materials or
merchandise is entered into by a person in the course of
his manufacturing or mercantile business to guard
against loss through future price fluctuations for the
purpose of fulfilling his other contracts for the actual
delivery of the goods to be manufactured or the
merchandise to be sold by him;

(b) a contract in respect of stocks and shares is entered

into by a dealer or investor therein to guard against loss
in his holdings of stocks and shared through price
fluctuations; and

(c) a contract is entered into by a member of a forward

market or a stock exchange in the course of any
transaction in the nature of jobbing or arbitrage to guard
against loss which may arise in the ordinary course of his
business as such member; 38[ (62) “tax” means the
income tax payable under this Ordinance and includes
any additional tax, excess profit tax, penalty, interest, fee
or other charges leviable or payable under this
Ordinance;]

39[ * * *]

(64) “Tax Recovery Officer” means a person appointed

to be a Tax Recovery Officer under section 3;

(65) “total income” means the total amount of income

referred to in section 17 computed in the manner laid
down in this Ordinance, and includes any income which,
under any provision of this Ordinance, is to be included
in the total income of an assessee;

(66) “transfer”, in relation to a capital asset, includes the

sale, exchange or relinquishment of the asset, or the
extinguishment of any right therein, but does not include-

(a) any transfer of the capital asset under a gift, bequest,

will or an irrevocable trust;

(b) any distribution of the assets of a company to its

shareholders on its liquidation; and

(c) any distribution of capital assets on the dissolution of

a firm or other association of persons or on the partition
of a Hindu undivided family;

Page 28 of 277
 40[ * * *]

(68) “written down value” means the written down value

as defined in the Third Schedule;

(69) “year” means a financial year.

CHAPTER II

ADMINISTRATION

Income-tax 3. There shall be the following classes of income-tax

authorities authorities for the purposes of this Ordinance, namely:-

(1) The National Board of Revenue,

41[ * * *]

42[ (2) Directors-General of Inspection (Taxes),]

43[ (2A) Commissioner of Taxes (Appeals),]

44[ (2B) Commissioner of Taxes (Large Taxpayer Unit),]

45[ (2C) Director General (Training),]

46[ (2D) Director General, Central Intelligence Cell,]

(3) Commissioners of Taxes,

47[(3A) Additional Commissioners of Taxes who may be

either Appellate Additional Commissioners of Taxes or
Inspecting Additional Commissioners of Taxes,]

(4) Joint Commissioner of Taxes who may be either

Appellate Joint Commissioner of Taxes or Inspecting Joint
Commissioner of Taxes,

(5) Deputy Commissioners of Taxes,

(6) Tax Recovery Officers,

(7) Assistant Commissioners of Taxes,

Page 29 of 277
 (8) Extra Assistant Commissioners of Taxes, and

(9) Inspectors of Taxes.

Appointment of 4. (1) Subject to the rules and orders of the Government

income-tax regulating the terms and conditions of service of persons
authorities in public services and posts, appointment of income-tax
authorities shall be made in accordance with the
provisions of this Ordinance.

(2) The Board may appoint 48[ * * *] as many 49[ Directors-

General of Inspection], 50[ Commissioners (Appeals),]
Commissioners, Joint Commissioners of Taxes, Deputy
Commissioners of Taxes, Tax Recovery Officers and
Assistant Commissioners of Taxes and such other
executive or ministerial officers and staff as it may think
fit.

51[(2A) Notwithstanding anything contained in this

Ordinance, the Board may, with the approval of the
Government, appoint one or more person having
appropriate professional skill and experience to perform
such function as may be specified by an order issued in
this behalf, and the person or persons so appointed shall
be deemed to be an income-tax authority for the
purposes of this Ordinance.]

(3) Subject to such orders or instructions as the Board

may, from time to time, issue in this behalf, any other
income-tax authority may appoint any income-tax
authority subordinate thereto and such other executive
or ministerial officers and staff as may be necessary for
assistance in the execution of its functions.

Delegation of 52[
4A. The Board may, by notification in the official
powers Gazette, and subject to such limitations or conditions, if
any, as may be specified therein, empower by name or
designation,-

Page 30 of 277
 (a) any Inspecting Additional Commissioner of Taxes to
exercise the powers of a Commissioner of Taxes, and

(b) any Appellate Additional Commissioner of Taxes to

exercise the powers of a Commissioner of Taxes
(Appeal).]

Subordination 5. 53[ (1) The 54[ * * *] Directors-General of Inspection,

and control of Commissioners (Appeals), and Commissioners shall be
income-tax subordinate to the Board.]
authorities
(2) The 55[ Additional Commissioners of Taxes, Joint
Commissioners of Taxes], Deputy Commissioners of Taxes
and Inspectors shall be subordinate to the
Commissioners 56[ or the Commissioner (Appeals), as the
case may be,] within whose jurisdiction they are
appointed to perform their function:

Provided that no order, direction or instruction shall be

given so as to interfere with the discretion of the
Appellate Joint Commissioners 57[ or the Commissioners
(Appeals)] in the exercise of their appellate functions.

(3) The Deputy Commissioners of Taxes and Inspectors

shall be subordinate to the Inspecting Joint
Commissioner within whose jurisdiction they perform their
functions.

(4) The Inspectors shall be subordinate to the Deputy

Commissioners of Taxes within whose jurisdiction they
perform their functions.

Jurisdiction of 6. (1) Subject to the provisions of this Ordinance,-

Page 31 of 277
income-tax
authorities 58[ * * *]

59[(aa) the Directors-General of Inspection shall perform

the following functions, namely:-

(i) carry out inspection of income tax cases;

(ii) investigate or cause investigation to be carried out in

respect of cases involving leakage of revenue or evasion
of taxes;

(iii) carry out audit of cases or offices involving income

tax revenues only;

(iv) furnish annual report about the working of income

tax offices dealing with revenue matters to the Board by
the thirty first day of December following the end of the
financial year to which it relates; and

(v) such other functions as may be assigned to them by

the Board;]

60[(aaa) the Director General of Central Intelligence Cell

shall perform the following functions, namely:-

(i) carry out intelligence works to gather information

about taxpayers;

(ii) analyse information gathered through intelligence

work vis-a-vis concerned income tax records;

(iii) detect tax evasions, concealments of income and

offences as described in chapter XXI of Income Tax
Ordinance, 1984;

(iv) carry out investigations to prove tax evasion or

concealment or any other irregularities relating to taxes
and to collect evidences in support of tax offences or
tax frauds for recovery of tax with penalty and to suggest

Page 32 of 277
prosecutions in fit cases;

(v) to carry out functions as authorised by any other law.]

(b) the Commissioners 61[ , the Commissioners (Appeals)]

and the Appellate Joint Commissioners shall perform
their functions in respect of such areas, or such persons
or classes of persons, or such cases or classes of cases, or
such incomes or classes of incomes, as the Board may
assign to them;

62[
(bb) the Commissioner (Large Taxpayer Unit) shall
perform his functions in respect of such areas, or such
persons or classes of persons, or such cases or classes of
cases or such incomes or classes of incomes, as the
Board may assign to him;]

(c) the Inspecting Joint Commissioners and the Deputy

Commissioners of Taxes shall perform their functions in
respect of such areas, or such persons or classes of
persons, or such cases or classes of cases, or such
incomes or classes of incomes as the Commissioner to
whom they are subordinate may assign to them; and

(d) other income-tax authorities shall perform such

functions as may be assigned to them by the income-tax
authority to whom they are subordinate.

(2) (a) Any area or other jurisdiction or function assigned

to an income-tax authority under sub-section (1) may be
modified or varied, or may be transferred to any other
income-tax authority with respect to areas, persons or
classes of persons, or cases or classes of cases, or
proceeding or classes of proceedings;

(b) any such transfer as is referred to in clause (a) may

be made at any stage of the proceedings and further
proceedings may be commenced from the stage at
which such transfer takes place.

(3) Where more income-tax authorities than one have

been assigned the same functions in respect of any
area, or persons or classes of persons, or cases or classes
of cases, or incomes or classes of incomes, they shall

Page 33 of 277
 perform those functions in accordance with such
allocation or distribution of work as the authority
assigning the functions may make.

(4) The powers of the Board, Commissioners and Deputy

Commissioners of Taxes, to assign any case to any
authority, or to transfer any case from one authority to
another, or to perform any function or functions under
this section, shall include the power in respect of all or
any proceedings relating to such case; and except as
provided in sub-section (5), no such assignment, transfer
or performance of functions shall be called in question
by or before any court or other authority.

(5) Any person aggrieved by any order passed under this

section may, within thirty days of such order, make a
representation-

(a) to the Inspecting Joint Commissioner if the order was

passed by a Deputy Commissioner of Taxes;

(b) to the Commissioner the Commissioners (Appeals) if

the order was passed by an Inspecting Joint
Commissioner; and

(c) to the Board if the order was passed by a

Commissioner; and any order passed on such
representation shall be final.

Exercise of 7. Where, in respect of any proceeding under this

jurisdiction by Ordinance, an income-tax authority is succeeded by
successor another, the income-tax authority so succeeding may
continue the proceeding from the stage at which it was
left by his predecessor.

Officers, etc to 8. All officers and other persons engaged in the

follow performance of any functions under this Ordinance shall,
instructions of in the matter of discharging those functions, observe and

Page 34 of 277
the Board follow such orders, directions or instructions as the Board
may issue from time to time:

Provided that no order, direction or instruction shall be

given so as to interfere with the discretion of the
Appellate Joint Commissioners 63[ or the Commissioners
(Appeals)] in the exercise of their appellate functions.

Guidance to the 9. In the course of any proceedings under this

Deputy Ordinance, the Deputy Commissioner of Taxes may be
Commissioner of assisted, guided or instructed by any income-tax
Taxes, etc authority to whom he is subordinate or any other person
authorised in this behalf by the Board.

Exercise of 10. The Commissioner may, with prior approval of the

assessment Board, by general or a special order in writing, direct that
functions by the in respect of all or any proceedings relating to specified
Inspecting Joint cases or classes of cases or specified persons of classes
Commissioners of persons within his jurisdiction, the powers and functions
64[ and the of the Deputy Commissioner of Taxes, 65[ Inspecting Joint
Inspecting Commissioner, the Inspecting Additional Commissioner]
Additional and the Commissioner under this Ordinance shall be
Commissioners] exercised by 66[ Inspecting Joint Commissioner, the
Inspecting Additional Commissioner], the Commissioner
and the Board, respectively and for the purpose of any
proceedings in respect of such cases or persons
reference in this Ordinance or the rules made thereunder
to the Deputy Commissioner of Taxes, 67[ Inspecting Joint
Commissioner, the Inspecting Additional Commissioner]
or the Commissioner shall be deemed to be references
to 68[ Inspecting Joint Commissioner, the Inspecting
Additional Commissioner], the Commissioner and the
Board, respectively.

Page 35 of 277
 CHAPTER III

TAXES APPELLATE TRIBUNAL

Establishment of 11. (1) For the purpose of exercising the functions of the
Appellate Appellate Tribunal under this ordinance, the Government
Tribunal shall establish a Taxes Appellate Tribunal consisting of a
President and such other 69[ * * *] members as the
Government may, from time to time, appoint.

(2) [Omitted by section 28 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)]

70[(3) A person shall not be appointed as a member of

the Taxes Appellate Tribunal unless-

(i) he was a member of the Board; or

(ii) he was a Commissioner of Taxes; or

(iii) he is a Commissioner of Taxes; or

(iv) he is a chartered accountant and practised

professionally for a period not less than eight years; or

(v) he is a cost and management accountant and

practised professionally for a period not less than eight
years; or

(vi) he is an income tax practitioner within the meaning

of section 174(2)(f) and practised professionally for not
less than twenty years; or

(vii) he is a professional legislative expert having not less

than eight years' experience in the process of drafting
and making financial and tax laws; or

(viii) he is an Advocate and practised professionally for

not less than ten years in any income tax office.]

71[(4) The Government shall appoint one of the members

of the Appellate Tribunal to be the President thereof.

Explanation.- For the purpose of this section, period of

practice as chartered accountant shall include any
period of practice as chartered accountant within the
meaning of the Chartered Accountants Ordinance, 1961

Page 36 of 277
 (X of 1961) 72[ or Bangladesh Chartered Accountants
Order, 1973 (P. O. No. 2 of 1973)] or as registered
accountant enrolled on the register of accountants
under the Auditor's Certificate Rules, 1950.]

Exercise of 12. (1) Unless the President in any particular case or class
power of the of cases otherwise directs, the powers and functions of
Tribunal by the Appellate Tribunal shall be exercised by Benches of
Benches the Appellate Tribunal, hereinafter referred to as Bench,
to be constituted by the President.

(2) A Bench shall be so constituted that it has not less

than two members 73[ * * *] 74[ .

[* * *]]

Decision of 13. (1) Subject to the provisions of sub-sections (2) and

Bench (3), the decision of bench in any case or on any point
shall be given in accordance with the opinion of the
majority of its members.

(2) Any point on which the members of a Bench are

equally divided shall be stated in writing and shall be
referred by the President to one or more other members
of the Appellate Tribunal for hearing and the Point shall
be decided according to the majority of the members of
the Appellate Tribunal who have heard it including those
who first heard it.

(3) Where there are only two members of the Appellate

Tribunal and they differ in any case, the Government
may appoint an additional member of the Appellate

Page 37 of 277
 Tribunal for the purpose of hearing the case; and the
decision of the case shall be given in accordance with
the opinion of the majority of the members of the
Appellate Tribunal as constituted with such additional
member.

Exercise of 14. Notwithstanding anything contained in section 12,

power by one the Government may direct that the powers and
member functions of the Appellate Tribunal shall be exercised by
any one of its members, or by two or more members
jointly or severally.

Regulation of 15. Subject to the provisions of this Ordinance, the

procedure Appellate Tribunal shall regulate its own procedure and
the procedure of its Benches in matters arising out of the
discharge of its functions including the places at which a
Bench shall hold its sittings.

CHAPTER IV

CHARGE OF INCOME TAX

Charge of 16. (1) Where an Act of Parliament provides that income-

income-tax tax shall be charged for any assessment year at any rate
or rates, income-tax at that rate or those rates shall,
subject to the provisions of that Act, be charged, levied,
paid and collected in accordance with the provisions of
this Ordinance in respect of the total income of the
income year or income years, as the case may be, of
every person:

Provided that where under the provisions of this

Ordinance income-tax is to be charged in respect of the
income of a period other than the income year, income-
tax shall be charged, levied, paid and collected

Page 38 of 277
 accordingly.

(2) Where under the provisions of this Ordinance income-

tax is to be deducted at source, or paid or collected in
advance, it shall be deducted, paid and collected
accordingly.

(3) Notwithstanding anything contained in sub-section

(1), income-tax shall be charged at the rates specified in
the Second Schedule in respect of-

(i) a non-resident person, not being a company;

(ii) any income classifiable under the head “Capital

gains”; and

(iii) any income by way of “winnings” referred to in

section 19(13).

Charge of 75[16A. (1) Where any Act of Parliament enacts that a

surcharge surcharge on income shall be charged for any
assessment year at any rate or rates, such surcharge at
that rate or those rates shall be charged for that year in
respect of the total income of the income year or the
income years, as the case may be, of every person.

(2) All the provisions of this Ordinance relating to charge,

assessment, deduction at source, payment in advance,
collection, recovery and refund of income tax shall, so
far as may be, apply to the charge, assessment,
deduction at source, payment in advance, collection,
recovery and refund of the surcharge.]

Charge of 76[
16B. Notwithstanding anything contained in section
additional tax 46A, where a public limited company, not being a
banking or insurance company, listed with any stock

Page 39 of 277
 exchange in Bangladesh, has not issued, declared or
distributed dividend or bonus share equivalent to at least
fifteen per cent of its paid up capital to its share-holders
within a period of six months immediately following any
income year, the company shall be charged additional
tax at the rate of five per cent on the undistributed profit
in addition to tax payable under this Ordinance.

77[Explanation.- For the purpose of this section,

“undistributed profit” means accumulated profit
including free reserve.]

Charge of 16C. Where a banking company operating under বয্াংক

excess profit tax েকাmানী আiন, 1991 (1991 সােলর 14 নং আiন) shows profit in its return of
income for an income year at an amount exceeding fifty
per cent of its capital as defined under the said Act
together with reserve, the company, in addition to tax
payable under the Ordinance, shall pay an excess profit
tax for that year at the rate of fifteen per cent on so
much of profit as it exceeds fifty per cent of the
aggregate sum of the capital and reserve as aforesaid.]

78[ Omitted] 79[ ***]

80[ Omitted] 16D. [Charge of dividend distribution tax- Omitted by

section 10 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন), which was
inserted by section 18 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন).]

Page 40 of 277
Scope of the 17. (1) Subject to the provisions of this Ordinance the
total income total income of any income year of any person includes-

(a) in relation to a person who is a resident, all income,

from whatever source derived, which-

(i) is received or deemed to be received in Bangladesh

by or on behalf of such person in such year; or

(ii) accrues or arises, or is deemed to accrue or arise to

him in Bangladesh during that year; or

(iii) accrues or arises to him outside Bangladesh during

that year; and

(b) in relation to a person who is a non-resident, all

income from whatever source derived, which-

(i) is received or deemed to be received in Bangladesh

by or on behalf of such person in such year; or

(ii) accrues or arises, or is deemed to accrue or arise, to

him in Bangladesh during that year.

(2) Notwithstanding anything contained in sub-section

(1), where any amount consisting of either the whole or a
part of any income of a person has been included in his
total income on the basis that it has accrued or arisen, or
is deemed to have accrued or arisen, to him in any year,
it shall not be included again in his total income on the
ground that it is received or deemed to be received by
him in Bangladesh in another year.

Income 18. The following income shall be deemed to accrue or

deemed to arise in Bangladesh, namely:-
accrue or arise
in Bangladesh (1) any income which falls under the head “Salaries”,
wherever paid if-

(a) it is earned in Bangladesh; or

(b) it is paid by the Government or a local authority in

Bangladesh to a citizen of Bangladesh in the service of

Page 41 of 277
such Government or authority;

(2) any income accruing or arising, whether directly or

indirectly, through or from-

(a) any business connection in Bangladesh;

(b) any property, asset, right or other source of income in

Bangladesh; or

(c) transfer or capital assets in Bangladesh:

Provided that in the case of a business all the operations

of which are not carried out Bangladesh, only such part
of the income as is reasonably attributable to the
operation carried out in Bangladesh shall be deemed to
accrue or arise in Bangladesh;

(3) any dividend paid outside Bangladesh by a

Bangladeshi company;

(4) any income by way of interest payable-

(a) by the Government; or

(b) by a person who is a resident, except where the

interest is payable in respect of any debt incurred, or
moneys borrowed and used, for the purposes of a
business or profession carried on by such person outside
Bangladesh or for the purpose of making or earning any
income from any source outside Bangladesh; or

(c) by a person who is a non-resident where the interest is

in respect of any debt incurred, or moneys borrowed
and used for the purposes of a business or profession
carried on by such person in Bangladesh or for the
purposes of making or earning any income from any
source in Bangladesh;

(5) any income by way of fees for technical services

payable-

(a) by the Government; or

(b) by a person who is a resident, except where such

fees are payable in respect of services utilised in a
business or profession carried on by any such person
outside Bangladesh or for the purposes of making or

Page 42 of 277
 earning any income from any source outside
Bangladesh; or

(c) by a person who is a non-resident where such fees

are payable in respect of services utilised in a business or
profession carried on by such person in Bangladesh or for
the purposes of making or earning any income from any
source in Bangladesh;

(6) any income by way of royalty payable-

(a) by the Government; or

(b) by a person who is a resident, except where the

royalty is payable in respect of any right, property or
information used or services utilised for the purposes of a
business or profession carried on by such person outside
Bangladesh or for the purposes of making or earning any
income from any source outside Bangladesh; or

(c) by a person who is a non-resident where the royalty is

payable in respect of any right, property or information
used or services utilised for the purposes of a business or
profession carried on by such person in Bangladesh or for
the purposes of making or earning any income from any
source in Bangladesh.

Un-explained 19. (1) Where any sum is found credited in the books of
investments, etc, an assessee maintained for any income year and the
deemed to be assessee offers no explanation about the nature and
income source thereof, or the explanation offered is not, in the
opinion of the Deputy Commissioner of Taxes,
satisfactory, the sum so credited shall be deemed to be
his income for that income year classifiable under the
head “Income from other sources”.

(2) Where, in any income year, the assessee has made

investments or is found to be the owner of any bullion,
jewellery or other valuable article and the Deputy
Commissioner of Taxes finds that the amount expended
on making such investments or in acquiring such bullion,
jewellery or other valuable article exceeds the amount
recorded in this behalf in the books of account

Page 43 of 277
maintained by the assessee for any source of income
and the assessee offers no explanation about the excess
amount or the explanation offered is not, in the opinion
of the Deputy Commissioner of Taxes, satisfactory, the
excess amount shall be deemed to be the income of the
assessee for such income year classifiable under the
head “Income from other sources”.

(3) Where, in any income year, the assessee has incurred

any expenditure and he offers no explanation about the
nature and source of the money for such expenditure, or
the explanation offered is not in the opinion of the
Deputy Commissioner of Taxes, satisfactory, the amount
of the expenditure shall be deemed to be the income of
the assessee for such income year classifiable under the
head “Income from other sources”.

(4) Where, in the financial year immediately preceding

the assessment year, the assessee has made investments
which are not recorded in the books of account, if any,
maintained by him for any source of income, and the
assessee offers no explanation about the nature and
source of fund for the investments, or the explanation
offered is not, in the opinion of the Deputy Commissioner
of Taxes, satisfactory, the value of the investments shall
be deemed to be the income of the assessee for such
financial year classifiable under the head “Income from
other sources”.

(5) Where, in the financial year immediately preceding

the assessment year, the assessee is found to be the
owner of any money, bullion, jewellery or other valuable
article which is not recorded in the books of account, if
any, maintained by him for any source of income, and
the assessee offers no explanation about the nature and
source of fund for the acquisition of the money, bullion,
jewellery or other valuable article, or the explanation
offered is not, in the opinion of the Deputy Commissioner
of Taxes, satisfactory, the money or the value of the
bullion, jewellery or other valuable article, shall be
deemed to be the income of the assessee for such
financial year classifiable under the head “Income from
other sources”.

(6) Any income derived by an assessee in any income

year (hereinafter in this sub-section referred to as the said
income year) from any business or profession, which has
been or was, discontinued at any time before the

Page 44 of 277
commencement, or during the courses, of the said
income year shall, if such income would have been
chargeable to tax if it had been received in the income
year in which it accrued or arose, be deemed to be
income chargeable to tax from such business or
profession which shall, for the purposes of this Ordinance,
be deemed to have been carried on before the
commencement, or during the course, of the said
income year.

(7) Any dividend declared or distributed by a company

shall be deemed to be the income of the 81[ income
year in which it is received] and shall be included in the
total income of the assessee of that year.

(8) Where any assets, not being stock-in-trade or stocks,

and shares, are purchased by an assessee from any
company and the Deputy Commissioner of Taxes has
reason to believe that the price paid by the assessee is
less than the fair market value thereof, the difference
between the price so paid and the fair market value
thereof, the difference between the price so paid and
the fair market value shall be deemed to be income of
the assessee classifiable under the head “Income from
other sources”.

(9) Where any lump sum amount is received or

receivable by an assessee during any income year on
account of salami or premia receipts by virtue of any
lease, such amount shall be deemed to be income of
the assessee of the income year in which it is received
and classifiable under the head “Income from other
sources”:

Provided that at the option of the assessee such amount

may be allocated for the purpose of assessment
proportionately to the years covered by the entire lease
period, but such allocation shall in no case exceed five
years.

(10) Where any amount is received by an assessee

during any income year by way of goodwill money or
receipt in the nature of compensation or damages for
cancellation or termination of contracts and licences by
the Government or any person, such amount shall be
deemed to be the income of such assessee for that
income year classifiable under the head “Income from
other sources”.

Page 45 of 277
(11) Where any benefit or advantage, whether
convertible into money or not, is derived by an assessee
during any income year on account of cancellation of
indebtedness 82[ * * *], the money value of such
advantage or benefit shall be deemed to be his income
for that income year classifiable under the head
“Income from other sources” 83[ :

84[Provided that the provisions of this sub-section shall

not apply in case of a loan or interest waived in respect
of an assessee by a commercial bank including
Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank,
Bangladesh Shilpa Bank or Bangladesh Shilpa Rin
Sangstha, or a leasing company or a financial institution
registered under আির্থক pিত ান আiন, 1993 (1993 সেনর 27 নং আiন).]]

(12) Any managing agency commission including

compensation received during any income year by an
assessee for termination of agencies or any modification
of the terms and conditions relating thereto shall be
deemed to be his income for that income year
classifiable under the head “Income from other sources”.

(13) Any amount received by an assessee during any

income year by way of winnings from lotteries, crossword
puzzles, card games and other games of any sort or from
gambling or betting in any form or of any nature
whatsoever shall be deemed to be his income for that
income year classifiable under the head “Income from
other sources”.

(14) Any profits and gains derived in any income year

from any business of insurance carried on by a mutual
insurance association computed in accordance with the
provisions of paragraph 8 of the Fourth Schedule shall be
deemed to be the income of such association for that
income year.

(15) Where, for the purpose of computation of income of

an assessee under section 28, any deduction has been
made for any year in respect of any loss, bad debt,
expenditure or trading liability incurred by the assessee,
and-

(a) subsequently, during any income year, the assessee

has received 85[ except as provided in clause (aa)],

Page 46 of 277
whether in cash or in any other manner whatsoever, any
amount in respect of such loss, bad debt, or expenditure,
the amount so received shall be deemed to be his
income from business or profession during that income
year;

86[ (aa) such amount on account of any interest which

was to have been paid to any commercial bank or the
Bangladesh Shilpa Bank or the Bangladesh Shilpa Rin
Sangstha or on account of any share of profit which was
to have been paid to any bank run on Islamic principles
and which was allowed as a deduction in respect of
such expenditure though such interest or share of profit
was not paid by reason of the assessee having
maintained his accounts on mercantile basis, within 87[
three years] after expiry of the income year in which it
was allowed, shall, to such extent as it remains unpaid,
be deemed to be income of the assessee from business
or profession during the income year immediately
following the expiry of the said 88[ three years;]

(b) the assessee has derived, during any income year,

some benefit in respect of such trading liability, the value
of such benefit, if it has not already been treated as
income under clauses (c), shall be deemed to be his
income from business or profession during that income
year;

(c) such trading liability or portion thereof as has not

been paid within three years of the expiration of the
income year in which deduction was made in respect of
the liability, such liability or portion, as the case may be,
shall be deemed to be the income of the assessee from
business or profession during the income year
immediately following the expiry of the said three years;

and the business or profession in respect of which such

allowance or deduction was made shall, for the
purposes of section 28, be deemed to be carried on by
the assessee in that year:

89[Provided that where any interest or share of profit

referred to in clause (aa) or a trading liability referred to
in clause (c) is paid in a subsequent year, the amount so
paid shall be deducted in computing the income in
respect of that year.]

(16) Where any building, machinery or plant having

Page 47 of 277
been used by an assessee for purpose of any business or
profession carried on by him is disposed of during any
income year and the sale proceeds thereof exceeds the
written down value, so much of the excess as does not
exceed the difference between the original cost and
the written down value shall be deemed to be the
income of the assessee for that income year classifiable
under the head “Income from business or profession”.

(17) Where any machinery or plant exclusively used by

an assessee for agricultural purposes has been disposed
of in any income year and the sale proceeds thereof
exceeds the written down value, so much of the excess
as does not exceed the difference between the original
cost and the written down value shall be deemed to be
the income of the original cost and the written down
value shall be deemed to be the income of the assessee
for that income year classifiable under the head
“Agricultural income”.

(18) Where any insurance, salvage or compensation

moneys are received in any income year in respect of
any building, machinery or plant which having been
used by the assessee for the purpose of business or
profession is discarded, demolished or destroyed and the
amount of such moneys exceed the written down value
of such building, machinery or plant, so much of the
excess as does not exceed the difference between the
original cost and the written down value less the scrap
value shall be deemed to be the income of the assessee
for that income year classifiable under the head
“Income from business or profession”.

(19) Where any insurance, salvage or compensation

moneys are received in any income year in respect of
any machinery or plant which having been used by the
assessee exclusively for agricultural purpose is discarded,
demolished or destroyed and the amount of such
moneys exceed the written down value of such
machinery or plant, so much of the excess as does not
exceed the difference between the original cost and
the written down value less the scrap value shall be
deemed to be the income of the assessee for that
income year classifiable under the head “Agricultural
income”.

Page 48 of 277
(20) Where an asset representing expenditure of a
capital nature on scientific research within the meaning
of section 29 (1) (xx) is disposed of during any income
year, so much of the sale proceeds as does not exceed
the amount of the expenditure allowed under the said
clause shall be deemed to be the income of the
assessee for that income year classifiable under the
head “Income from business or profession”.

Explanation 1.- For the purposes of this sub-section and

sub-sections (16) and (17), “sale proceeds” shall have
the same meaning as in the Third Schedule.

Explanation 2.- For the purposes of this sub-section and

sub-sections (16) and (18), the business or profession in
which the building, machinery, plant or assets, as the
case may be, was used before its disposal, shall be
deemed to be carried on by the assessee during the
income year in which such disposal takes place.

90[(21) Where any sum, or aggregate of sums exceeding

taka fifty thousand is claimed or shown to have been
received as loan by an assessee during any income year
from any person, not being a banking company or a
financial institution, otherwise than by a crossed cheque
drawn on a bank, and has not been paid back in full
within 91[ three years] from the end of the income year in
which it is claimed or shown to have been received, the
said sum or part thereof which has not been paid back,
shall be deemed to be the income of the assessee for
the income year immediately following the expiry of the
said [three years] and be classifiable under the head
“income from other sources”:

Provided that where the loan referred to in this sub-

section is paid back in a subsequent income year, the
amount so paid shall be deducted in computing the
income in respect of that subsequent year.

92[(21A). Where any sum is claimed to have been

received by an assessee as loan or gift during any
income year from a person who has transferred the sum
within the period of limitation stipulated in the rule made
under this Ordinance, from the initial capital of his
business or profession shown in his return filed under
section 83A, the amount of such loan or gift so received

Page 49 of 277
by the assessee shall be deemed to be his income of the
year in which such loan or gift was received and shall be
classifiable under the head “income from other
sources”.]

(22) Where an assessee, being the owner of a house

property, receives from any person to whom such house
property or any part thereof is let out any amount which
is not adjustable against the rent payable, the amount
so received shall be deemed to be income of the
assessee for the income year in which it is received and
be classifiable under the head “income from house
property”:

Provided that at the option of the assessee such amount

may be allocated, for the purpose of assessment in
equal proportion to the year in which such amount is
received and the four years next following:

Provided further that where such amount or part thereof

is refunded by the assessee in a subsequent income year
the amount so refunded shall be deducted in computing
the income of the assessee in respect of that income
year.

(23) Where during any income year an assessee, being

an exporter of garments, transfers to any person, the
export quota or any part thereof allotted to him by the
Government, such portion of the export value of the
garments exportable against the quota so transferred as
may be prescribed for this purpose shall be deemed to
be income of the assessee for that income year,
classifiable under the head “Income from business or
profession”.]

93[(24) Where an assessee, being a private limited

company or a public limited company not listed with a
stock exchange, discloses investments in it's equity
received from any shareholder or director during any
income year, the amount so received as equity not
being received by crossed cheque or bank transfer, shall
be deemed to be the income of such assessee for that
income year classifiable under the head “Income from
other sources”.

94[ ***]

Page 50 of 277
Exemption in 95[ 19A. (1) Notwithstanding anything contained in
respect of section 19 or in any other provision of this Ordinance, any
investment in sum invested by any person in a new industry during the
new industry period between the first day of January, 1997 and the
thirty-first day of December, 1999 (both days inclusive)
shall be exempt from tax and no question as to the
source of such sum shall be raised.

(2) Nothing contained in this section or elsewhere in this

Ordinance shall be so construed as to exempt from tax
the income of the industry in which the investment
mentioned in sub-section (1) is made:

Provided that sub-section (2) shall not apply to the

income of such industry if the assessee pays, before the
filing of return for the relevant income year, tax at the
rate of seven and a half per cent on the investment
mentioned in sub-section (1).]

Special tax 96[ 19AA. (1) Notwithstanding anything contained in this

treatment in Ordinance or any other law for the time being in force,
certain cases of no question as to the source of any sum invested by any
investment person in the expansion or balancing, modernisation,
renovation and extension of an existing industry or in the
purchase of stocks and shares of a public limited
company listed with any stock exchange in Bangladesh
or any sum used for repayment of industrial loan during
the period between the first day of January, 1997 and
the thirty first day of December, 1999 (both days
inclusive), shall be raised if the assessee pays, before the
filing of the return for the relevant income year, tax at
the rate of seven and a half per cent on such sum.

(2) Nothing contained in this section or elsewhere in this

Ordinance shall be so construed as to exempt from tax

Page 51 of 277
 the income from the investment of the sum mentioned in
sub-section (1):

Provided that stocks and shares of a public limited

company mentioned in sub-section (1) which are
purchased from the secondary market shall, for the
purpose of special treatment under this section, be held
by the assessee for at least one year from the date of
acquisition.]

Exemption in 97[19AAA. Notwithstanding anything contained in this

respect of Ordinance or any other law for the time being in force,
investment no question as to the source of any sum invested by an
assessee, being an individual, firm, association of persons
or a private limited company,-

(a) between the first day of July, 2002 and thirtieth day of
June, 2005 (both days are inclusive) in any trade,
commercial or industrial venture, engaged in production
of goods or services shall be raised and no tax thereon
shall be imposed; and

(b) between the first day of July, 2003 and the thirtieth
day of June, 2005 (both days are inclusive) in the
purchase of shares of a company listed with any stock
exchange shall be raised and no tax thereon shall be
imposed:

Provided that the provisions of this clause shall not apply

in respect of shares so purchased which are transferred
within two years from the date of their purchase.]

Page 52 of 277
19B 98[ Omitted] 99[ ***] 100[

19BB 101[ 102[ ***]

Omitted]

19BBB 103[ 104[ ***]

Omitted]

CHAPTER V

COMPUTATION OF INCOME

Heads of 20. Save as otherwise provided in this Ordinance, all

income incomes shall, for the purpose of charge of income-tax
and computation of total income, be classified and
computed under the following heads of income,
namely:-

(a) Salaries.

(b) Interest on securities.

(c) Income from house property.

(d) Agricultural income.

(e) Income from business or profession.

(f) Capital gains.

(g) Income from other sources.

Page 53 of 277
Salaries 21. (1) The following income of an assessee shall be
classified and computed under the head “Salaries”,
namely:-

(a) any salary due from an employer to the assessee in

the income year, whether paid or not;

(b) any salary paid or allowed to him in the income year,

by or on behalf of an employer though not due or
before it became due to him; and

(c) any arrears of salary paid or allowed to him in the

income year by or on behalf of an employer, if not
charged to income-tax for any earlier income year.

(2) Where any amount of salary of an assessee is once

included in his total income of an income year on the
basis that it had become due or that it had been paid in
advance in that year, that amount shall not again be
included in his income of any other year.

Interest on 22. The following income of an assessee shall be

securities classified and computed under the head “Interest on
securities”, namely:-

(a) interest receivable by the assessee on any security of

105[ the Government or any security approved by

Government] ; and

(b) interest receivable by him on debentures or other

securities of money issued by or on behalf of a local
authority or a company.

Page 54 of 277
Deductions from 23. (1) In computing the income under the head
interest on “Interest on securities”, the following allowances and
securities deduction shall be made, namely:-

(a) any sum deducted from interest by way of

commission or charges by a bank realising the interest on
behalf of the assessee;

(b) any interest payable on money borrowed for the

purpose of investment in the securities by the assessee
106[ :

Provided that no allowance or deduction on account of

any interest or commission paid under clause (a) or (b),
as the case may be, in respect of, or allocable to the
securities of Government which have been issued with
the condition that interest thereon shall not be liable to
tax, shall be made in computing the income under
section 22.]

107[ * * *]

(2) Notwithstanding anything contained in sub-section

(1), no deduction shall be allowed under this section in
respect of any interest payable outside Bangladesh on
which tax has not been paid or deducted in
accordance with the provisions of Chapter VII.

Income from 24. (1) The tax shall be payable by an assessee under the
house property head “Income from house property” in respect of the
annual value of any property 108[ , whether used for
commercial or residential purposes,] consisting of any
building and lands appurtenant thereto of which he is
the owner, other than such portions of the property as he
may occupy for the purposes of any business or
profession carried on by him, the income from which is
assessable to tax under this Ordinance.

(2) Where any such property as is referred to in sub-

section (1) is owned by two or more persons and their

Page 55 of 277
 respective shares are definite and ascertainable, such
persons shall not constitute and shall not be deemed to
be, an association of persons; and for the purpose of
computation of the income of an assessee in respect of
that property, only such part of such income as is
proportionate to the share of the assessee shall be
reckoned as his income from that property.

Deductions from 25. (1) In computing the income under the head
income from “Income from house property” the following allowances
house property and deductions shall be made, namely:-

(a) any sum payable to Government as land

development tax or rent on account of the land
comprised in the property;

(b) the amount of any premium paid to insure the

property against risk of damage or destruction;

109[ * * *]

(d) where the property is subject to mortgage or other

capital charge for the purpose of extension or
reconstruction or improvement, the amount of any
interest payable on such mortgage or charge;

(e) where the property is subject to an annual charge

not being a capital charge, the amount of such charge;

Explanation.- The expression “annual charge”, as used in

this clause, includes any tax leviable, in respect of
property or income from property, by local authority or
Government but does not include the tax leviable under
this Ordinance;

(f) where the property is subject to a ground rent, the

amount of such rent;

(g) where the property has been acquired, constructed,

repaired, renewed or reconstructed with borrowed
capital, the amount of any interest payable on such
capital 110[ :

Page 56 of 277
Provided that where the property or a portion thereof is
self occupied and acquired, constructed, renewed or
reconstructed with borrowed capital, the amount of any
interest, payable on such borrowed capital not
exceeding taka twenty lakh, shall be deducted from
total income;]

111[
(gg) Where the property has been constructed with
borrowed capital and no income under section 24 was
earned from that property during the period of such
construction, the interest payable during that period on
such capital, in three equal proportionate instalments for
subsequent first three years for which income is
assessable from that property;]

112[
(h) in respect of expenditure for repairs, collection of
rent, water and sewerage, electricity and salary of
darwan, security guard, pump-man, lift-man and
caretaker and all other expenditure related to
maintenance and provision of basic services:

(i) an amount equal to one-fourth of the annual value of

the property where the property is used for residential
purpose;

(ii) an amount equal to thirty per cent of the annual

value of the property where the property is used for
commercial purpose.]

113[ * * *]

(j) where, the whole of the property is let out and it was
vacant during a part of the year, a sum equal to such
portion of the annual value of the property as is
proportionate to the period of the vacancy; and

(k) where, the property is let out in parts, a sum equal to

such portion of the annual value appropriate to the
vacant part as is proportionate to the period of the
vacancy of such part.

(2) Notwithstanding anything contained in sub-section

(1), no deduction shall be allowed under this section in
respect of any interest or annual charge payable outside
Bangladesh on which tax has not been paid or
deducted in accordance with the provisions of Chapter

Page 57 of 277
 VII.

(3) [Omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

Agricultural 26. (1) The following income of an assessee shall be

income classified and computed under the head “Agricultural
income”, namely:-

(a) any income derived by the assessee which comes

within the meaning of “agricultural income” as defined
in section 2(1);

(b) the excess amount referred to in section 19(17);

(c) the excess amount referred to in section 19(19).

(2) Agricultural income derived from the sale of tea

grown and manufactured by the assessee shall be
computed in the prescribed manner.

(3) Where the Board, by notification in the official

Gazette, so directs, agricultural income from the sale of
rubber, tobacco, sugar or any other produce grown and
manufactured by the assessee may be computed in the
manner prescribed for the purpose.

Deductions from 27. (1) In computing the income under the head
agricultural “Agricultural income”, the following allowances and
income deductions shall be made, namely:-

(a) any land development tax or rent paid in respect of

the land used for agricultural purposes;

(b) any tax, local rate or cess paid in respect of the land
used for agricultural purposes, if such tax, rate or cess is
not levied on the income arising or accruing, or deemed
to accrue or arise, from agricultural operations or is not
assessed at a proportion or on the basis of such income;

Page 58 of 277
(c) (i) subject to sub-clauses (ii) and (iii), the cost of
production, that is to say, the expenditure incurred for
the following purposes, namely:-

(a) for cultivating the land or raising livestock thereon;

(b) for performing any process ordinarily employed by a

cultivator to render marketable the produce of the land;

(c) for transporting the produce of the land or the

livestock raised thereon to the market; and

(d) for maintaining agricultural implements and

machinery in good repair and for providing upkeep of
cattle for the purpose of cultivation, processing or
transportation as aforesaid;

(ii) where books of accounts in respect of agricultural

income derived from the land are not maintained, the
cost of production to be deducted shall, instead of the
expenditure mentioned in sub-clause (i), be sixty per
cent of the market value of the produce of the land;

(iii) no deduction on account of cost of production shall

be admissible under this clause if the agricultural income
is derived by the owner of the land from the share of the
produce raised through any system of sharing of crop
generally known as adhi, barga or bhag;

(d) any sum paid as premium in order to effect any

insurance against loss of, or damage to, the land or any
crop to be raised from, or cattle to be reared on, the
land;

(e) any sum paid in respect of the maintenance of any

irrigation or protective work or other capital assets; and
such maintenance includes current repairs and, in the
case of protective dykes and embankments, all such
work as may be necessary from year to year for repairing
any damage or destruction caused by flood or other
natural causes;

(f) a sum calculated at the rate as provided in the Third

Schedule on account of depreciation in respect of
irrigation or protective work or other capital assets
constructed or acquired for the benefit of the land from
which agricultural income is derived or for the purpose of

Page 59 of 277
deriving agricultural income from the land, if the required
particulars are furnished by the assessee;

(g) where the land is subject to a mortgage or other

capital charge for purposes of reclamation or
improvement, the amount of any interest paid in respect
of such mortgage or charge;

(h) where the land has been acquired, reclaimed or

improved by the use of borrowed capital, the amount of
any interest paid in respect of such capital;

(i) where any machinery or plant which has been used

by the assessee exclusively for agricultural purposes has
been discarded, demolished or destroyed in the income
year, the amount actually written off on that account in
the books of accounts of the assessee,-

(i) subject to the maximum of the amount by which the

written down value of the machinery or plant exceeds
the scrap value thereof if no insurance, salvage or
compensation money has been received in respect of
such machinery or plant; and

(ii) subject to the maximum of the amount by which the

difference between the written down value and the
scrap value exceeds the amount of insurance, salvage
or compensation money received in respect of such
machinery or plant;

(j) where any machinery or plant which has been used

by the assessee exclusively for agricultural purposes has
been sold or transferred by way of exchange in the
income year, the amount actually written off on that
account in the books of accounts of the assessee,
subject to the maximum of the amount by which the
written down value of the machinery or plant exceeds
the amount for which it has been actually sold or
transferred; and

(k) any other expenditure, not being in the nature of

capital expenditure or personal expenditure, laid out
wholly and exclusively for the purpose of deriving
agricultural income from the land.

(2) Notwithstanding anything contained in sub-section

(1), no deduction shall be allowed under this section in
respect of any interest on which tax has not been paid

Page 60 of 277
 or deducted in accordance with the provisions of
Chapter VII.

Income from 28. (1) The following income of an assessee shall be

business or classified and computed under the head “Income from
profession business or profession”, namely:-

(a) profits and gains of any business or profession carried

on, or deemed to be carried on, by the assessee at any
time during the income year;

(b) income derived from any trade or professional

association or other association of like nature on
account of specific services performed for its members;

(c) value of any benefit or perquisite, whether

convertible into money or not, arising from business or
the exercise of a profession;

(d) the amount, the value of the benefit and the trading
liability referred to in section 19(15);

(e) the excess amount referred to in section 19(16);

(f) the excess amount referred to in section 19(18);

(g) the sale proceeds referred to in section 19(20) 114[ ;

(h) the amount of income under section 19 (23)]

Explanation.- Where speculative transactions carried on

by an assessee are of such a nature as to constitute a
business, the business (hereinafter referred to as
“speculation business”) shall be deemed to be distinct
and separate from any other business.

(2) Notwithstanding anything contained in this

Ordinance,-

(a) the profits and gains of any business of insurance and

the tax payable thereon shall be computed in
accordance with the provisions of the Fourth Schedule;

Page 61 of 277
 (b) the profits and gains from the exploration and
production of petroleum (including natural gas) and the
tax payable thereon shall be computed in accordance
with the provisions of Part A of the Fifth Schedule;

(c) the profits and gains of any business which consists of,
or includes, the exploration and extraction of such
mineral deposits of a wasting nature (not being
petroleum and natural gas) as may be specified in this
behalf by the Government, carried on by an assessee in
Bangladesh shall be computed in accordance with the
provisions of Part B of the Fifth Schedule.

115[(3) Notwithstanding anything to the contrary

contained in any other provisions of the Ordinance, in
the case of Bangladesh Shilpa Bank, Bangladesh Shilpa
Rin Sangstha 116[ , Investment Corporation of
Bangladesh] and any commercial bank including the
Bangladesh Krishi Bank and Rajshahi Krishi Unnayan Bank,
the income by way of interest in relation to such
categories of bad or doubtful debts as the Bangladesh
Bank may classify in the income year in which it is
credited to its profit and loss account for that year or, as
the case may be, in which it is actually received
whichever is earlier.]

Deductions from 29. (1) In computing the income under the head
income from “Income from business or profession”, the following
business or allowances and deductions shall be allowed, namely:-
profession
(i) the amount of any rent paid for the premises in which
the business or profession is carried on:

Provided that if a substantial part of the premises is used

by the assessee as a dwelling-house, the amount shall be
a proportionate part of the rent having regard to the
proportionate annual value of the part so used;

(ii) the amount paid for the repair of the hired premises in
which the business or profession is carried on if the
assessee has undertaken to bear the cost of such repair:

Provided that if a substantial part of the premises is used

Page 62 of 277
by the assessee as a dwelling-house, the amount shall be
a proportionate part of the sum paid for such repair
having regard to the proportionate annual value of the
part so used;

(iii) the amount of any interest paid or any profit shared

with a bank run on Islamic principles in respect of capital
borrowed for the purposes of the business or profession:

Provided that if any part of such capital relates to

replenishing the cash or to any other asset transferred to
117[ any other entity, when lending of money is not the

business of transfer or], the amount shall be

proportionate part of the interest so paid or the profit so
shared having regard to the proportion of such capital
so used;

(iv) any sum paid or credited to any person maintaining

a profit and loss sharing account or deposit with a bank
run on Islamic principles by way of distribution of profits
by the said bank in respect of the said account of
deposit;

(v) an amount not exceeding 118[ five per cent] of the

total income carried to any special reserve created by
such financial institution and for such purposes as may
be approved by the Government in this behalf, if the
aggregate amount standing in such reserve does not
exceed the paid up share capital of the institution;

(vi) the amount paid on account of current repairs to

buildings, machinery, plant or furniture used for the
purpos

(vii) the whole or the proportionate part of the amount of

any premium paid for insurance, against risk of damage,
destruction or loss of buildings, machinery, plant or
furniture, stocks or stores according as the whole or part
thereof is used for the purposes of the business or
profession;

(viii) in respect of depreciation of building, machinery,

plant or furniture, being the property of the assessee and
used for the purposes of business or profession, the
allowances as admissible under the Third Schedule;

(ix) in the case of a ship, being a passenger vessel plying

ordinarily on inland waters, or a fishing trawler, which is

Page 63 of 277
entitled to a special depreciation allowance under
paragraph 8 of the Third Schedule, an investment
allowance of an amount equivalent to twenty per cent
of the original cost to the assessee for the year in which
the ship or the trawler is first put to use for public utility;

119[ * * *]

120[ * * *]

(xi) where any building, machinery or plant which, after

having been used by the assessee for the purpose of his
business, has been discarded, demolished or destroyed
in any income year or any such asset has been sold,
transferred by way of exchange or compulsorily
acquired by a legally competent authority or exported
outside Bangladesh in any income year, an
obsolescence allowance to the extent and computed in
the manner specified in paragraph 10 of the Third
Schedule;

((xii) in the case of any animal which has been used by

the assessee for the purpose of business or profession
otherwise than as stock-in-trade, has died or become
permanently useless for such purpose, an amount
equivalent to the difference between the original cost of
the animal to the assessee and the sum, if any, realised
by sale or other disposition of the carcass, as the case
may be, of the animal;

(xiii) any sum paid on account of land development tax

or rent, local rates or municipal taxes in respect of such
premises or part thereof as is used by the assessee for the
purpose of business or profession;

(xiv) any sum paid in the income year to an employee as

bonus or commission for services rendered where such
sum would not have been payable to him as profits or
dividend if it had not been paid as bonus or commission
and is reasonable with reference, except in the case of
payment of festival bonus, to-

(a) the general practice in similar business or profession,

(b) the profits of the business or profession in that year,

and

(c) the pay and other conditions of service of the

Page 64 of 277
employee.

121[ * * *]

(xv) the amount of any debt or part thereof which is

established to have become irrecoverable and has
actually been written off as such in the books of
accounts of the assessee for the income year if the debt
or part thereof has been taken into account in
computing the income of the assessee of that income
year or an earlier income year and, in the case of the
business of banking or money-lending carried on by the
assessee, represents money lent in the ordinary course of
business;

(xvi) where any amount of debt or part thereof which

has actually been written off as irrecoverable in the
books of accounts of the assessee in any income year
but has not been allowed on the ground that it has not
then become irrecoverable, so much of such debt or
part thereof as has been established to have become
irrecoverable in any subsequent income year shall be
allowed as a deduction in that income year;

(xvii) where any such debt or part thereof is written off as

irrecoverable in the books of accounts of the assessee
for an income year and the Deputy Commissioner of
Taxes is satisfied that such debt or part thereof became
irrecoverable in an earlier income year not falling
beyond a period of four years immediately preceding
the income year in which it was written off, the Deputy
Commissioner of Taxes may, notwithstanding anything
contained in this Ordinance, allow such debt or part
thereof as a deduction for such earlier income year if the
assessee accepts such finding of the Deputy
Commissioner of Taxes and re-compute the total income
of the assessee for such earlier income year and make
the necessary amendment; and the provisions of section
173 shall, so far as may be, apply thereto the period of
four years referred to in sub-section (4) of that section
being reckoned from the end of the year in which the
assessment relating to the income year in which the debt
or part thereof is written off was made;

122[ * * *]

123[
(xviiia) in respect of provision for bad and doubtful
debt made by Bangladesh Shilpa Bank or Bangladesh

Page 65 of 277
Shilpa Rin Sangstha for overdue loan, a sum equal to five
per cent of such overdue loan or the amount of actual
provision for such bad or doubtful debt in the books of
the assessee, whichever is the less:

Provided that the deduction shall be allowed only in

respect of the assessment years 1987-88, 1988-89, 1989-90
and 1990-91:

Provided further that if any amount out of the amount so

allowed is ultimately recovered, the same shall be
deemed to be a profit of the year in which it is
recovered;]

124[(xviiiaa) in respect of provision for bad and doubtful

debt and interest thereon made by a commercial bank
including the Bangladesh Krishi Bank 125[ , Karmo
shongsthan Bank] and the Rajshahi Krishi Unnayan Bank,
a sum equal to 126[ one per cent] of the total outstanding
loan including interest thereon or the amount of actual
provision for such bad or doubtful debt and interest
thereon in the books of the assessee, whichever is less:

Provided that the provisions of this clause shall apply only

in respect of such loan as the Bangladesh Bank may,
from time to time, classify as bad or doubtful debt:

127[
Provided further that the deduction shall be allowed
only in respect of the assessment years 1990-91, 1991-92,
1992-93, 1993-94, 1994-95 128[ ,1995-96, 1996-97, 1997-98,
1998-99] 129[ , 1999-2000, 2000-2001 130[ , 2001-2002, 2002-
2003, 2003-2004 131[ , 2004-2005, 2005-2006 and 2006-
2007]]:

Provided further that if any amount out of the amount so

allowed is ultimately recovered, the same shall be
deemed to be a profit of the year in which it is
recovered 132[ :

Provided further that no deduction under this clause shall

be allowed in respect of-

(a) any amount representing grant allowed by the

Government in the form of 15-year Special Treasury
Bonds;

(b) any loan advanced to any Government

organisation, body corporate, local authority,

Page 66 of 277
autonomous body, or any other loan guaranteed by the
Government; and

(c) any debt representing loans advanced to any

director of the bank, his nominees or dependants 133[ ;

[* * *]]]

(xix) any expenditure, not being in the nature of capital

expenditure, laid out or expended on scientific research
in Bangladesh related to the business carried on by the
assessee;

(xx) any expenditure of a capital nature laid out or

expended on scientific research in Bangladesh related
to the business carried on by the assessee:

Provided that where a deduction is allowed for any

income year under this clause in respect of expenditure
represented wholly or partly by any asset, no deduction
shall be allowed under clause (viii) or (ix) for the same
income year in respect of that asset;

(xxi) any sum paid to a scientific research institute,

association or other body having as its object the
undertaking of scientific research, or to a University,
College, Technical School or other Institution for the
purpose of scientific research or technical training
related to the class of business carried on by the
assessee, if such Institute, association or body, or such
University, College, Technical School or Institution is, for
the time being, approved by the Board for the purpose
of this clause.

Explanation.- In this clause and in clauses (xix) and (xx),-

(a) “scientific research” means any activities in the field

of natural or applied science for the extension of
knowledge;

(b) references to expenditure incurred on scientific

research do not include any expenditure incurred in the
acquisition of rights in, or arising out of, scientific
research, but save as aforesaid, include all expenditure
incurred for the prosecution of, or the provision of
facilities for the prosecution of, scientific research;

(c) reference to scientific research related to a business

Page 67 of 277
or class of business includes-

(i) any scientific research which may lend to or facilitate

an extension of that business or, as the case may be, all
businesses of that class;

(ii) any scientific research of a medical nature which has

a special relation to the welfare of workers employed in
that business or, as the case may be, business of that
class;

(xxii) any expenditure, not being in the nature of capital

expenditure, laid out or expended on any educational
institution or hospital established for the benefit of the
employees of the assessee, their families and
dependents or on the training of industrial workers, if-

(a) no charge is made for services rendered by such

institution or hospital or for the training of the workers;
and

(b) no deduction or allowance is claimed for such

expenditure under any other clause of this section;

(xxiii) any expenditure in the nature of capital

expenditure laid out or expended on the construction
and maintenance of any educational institution or
hospital established by the assessee for the benefit of his
employees, their families and dependents, or on any
institute for the training of industrial workers, if-

(a) no charge is made for the services rendered by such

institution or hospital or for the training of the workers;
and

(b) no deduction or allowance is claimed under any

other clause of this section for the same income year in
respect of expenditure represented either wholly or
partly by any asset;

(xxiv) any expenditure laid out or expended on the

training of citizens of Bangladesh in connection with a
scheme approved by the Board for purposes of this
clause;

(xxv) any expenditure, not being in the nature of capital

expenditure or personal expenses, incurred by an
assessee in connection with visits abroad as a member

Page 68 of 277
 of a trade delegation sponsored by the Government;

(xxvi) any sum paid on account of annual membership

subscription to a registered trade organisation within the
meaning of the Trade Organisations Ordinance,
1961(XLV of 1961), or to a professional institution
recognised by the Board in this behalf;

(xxvii) any expenditure, not being in the nature of capital

expenditure or personal expenses of the assessee, laid
out or expended wholly and exclusively for the purpose
of the business or profession of the assessee.

(2) Where any premises, building, machinery, plant or

furniture is not wholly used for the purposes of business or
profession, any allowance or deduction admissible under
this section shall be restricted to the fair proportional part
of the amount which would be allowable if such
premises, building, machinery, plant or furniture was
wholly so used.

Explanation.- For the purposes of this section, the

expression “plant” includes ships, vehicles, books,
scientific apparatus and surgical and other instruments or
equipments used for the purpose of business or
profession.

Deduction not 30. Notwithstanding anything contained in section 29, no

admissible in deduction on account of allowance from income from
certain business or profession shall be admissible in respect of the
circumstances following, namely:-

(a) any payment which is an income of the payee

classifiable under the head “Salaries” if tax thereon has
not been paid in accordance with provisions of Chapter
VII;

134[(aa) any payment made by an assessee to any

person if tax thereon has not been deducted and
credited in accordance with the provisions of Chapter
VII and মূলয্ সংেযাজন কর (value-added tax) thereon has not
been collected or deducted and credited in
accordance with the provisions of মূলয্ সংেযাজন কর আiন, 1991

Page 69 of 277
(1991 সেনর 22 নং আiন),]

(b) any payment by way of interest, salary, commission

or remuneration made by a firm or an association of
persons to any partner of the firm or any member of the
association, as the case may be;

(c) any payment by way of brokerage or commission

made to a person who is not a resident in Bangladesh
unless tax has been deducted therefrom under section
56;

(d) any payment to a provident fund or other fund

established for the benefit of the employees unless the
employer has made effective arrangements to secure
that tax shall be deducted at source from any payments
made from the fund which are taxable being income
falling under the head “Salaries”;

135[(e) so much of the expenditure by an assessee on the

provision of perquisites, as defined in clause (45) of
section 2, to any employee as exceeds taka 136[ two
lakh]:

Provided that the provision of this clause shall not be

applicable to an employer where perquisites were paid
to an employee in pursuance of any Government
decision published in the official Gazette to implement
the recommendation of a Wage Board constituted by
the Government;]

(f) any expenditure in respect of the following as is in

excess of the amount or rate prescribed in this behalf
and as is not, in the cases of sales and services liable to
excise duty, supported by excise stamp or seal, namely:-

(i) entertainment;

(ii) foreign travels of employees and their dependents for

holidaying and recreation;

(iii) publicity and advertisement; and

(iv) distribution of free samples;

137[
(g) any expenditure exceeding ten per cent of the
profit under the head of Head Office expenses by a

Page 70 of 277
 company, not incorporated in Bangladesh under েকাmানী
আiন, 1994 (1994 সােলর 18 নং আiন);

(h) any payment by way of royalty, technical services

fee, technical know-how fee or technical assistance fee
exceeding 138[ five percent] of the profit;

(i) any payment by way of salary or remuneration

madeotherwise than by crossed cheque or bank transfer
by a person to any employee having gross monthly
salary of taka fifteen thousand or more;

(j) any expenditure by way of incentive bonus

exceeding ten per cent of the disclosed net profit;

(k) any expenditure by way of overseas traveling

exceeding one per cent of the disclosed turnover.]

Provision for 139[30A. Notwithstanding anything contained in sections

disallowance 28, 29 and 30, the Deputy Commissioner of Taxes shall
not make any disallowance or deduction for any year
from any claim made by an assessee in the trading
account or profit or loss account without specifying
reason for such disallowance or deduction.]

Capital gains 31. Tax shall be payable by an assessee under the head
“Capital gains” in respect of any profits and gains arising
from the transfer of a capital asset and such profits and
gains shall be deemed to be the income of the income
year in which the transfer took place 140[ :

Provided that no tax shall be payable by an assessee,

being a non-resident, in respect of any profits and gains
arising from the transfer of stocks or shares of a public
company as defined in 141[ েকাmানী আiন, 1994 (1994 সেনর 18 নং
আiন)] subject to the condition that such assessee is
entitled to similar exemption in the country in which he is
a resident.]

Page 71 of 277
Computation of 32. (1) The income under the head “Capital gains” shall
capital gains be computed after making the following deduction from
the full value of the consideration received or accruing
from the transfer of the capital asset or the fair market
value thereof, whichever is higher, namely:-

(a) any expenditure incurred solely in connection with

the transfer of the capital asset; or

(b) the cost of acquisition of the capital asset and any

capital expenditure incurred for any improvements
thereto but excluding any expenditure in respect of
which any allowance is admissible under any provisions
of sections 23, 29 and 34.

(1A) [Omitted by section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং

আiন).]

(2) For the purpose of this section, “cost of acquisition of

the capital asset” means-

(i) where it was acquired by the assessee by purchase,

the actual cost of acquisition; and

(ii) where it became the property of the assessee-

142[ * * *]

143[ 144[ * * *]

(cc) under a deed of gift, bequest or will; or

(ccc) under a transfer on a revocable or irrevocable

trust; or]

(d) on any distribution of capital assets on the liquidation

of a company; or

(e) on any distribution of capital assets on the dissolution

of a firm or other association of persons or the partition of
a Hindu undivided family;

Page 72 of 277
the actual cost of acquisition to the previous owner of
the capital asset as reduced by the amount of
depreciation, if any, allowed to the previous owner; and
where the actual cost of acquisition to the previous
owner cannot be ascertained, the fair market value at
the date on which the capital asset became the
property of the previous owner:

Provided that where the capital asset is an asset in

respect of which the assessee has obtained
depreciation allowance in any year, the cost of
acquisition of the capital asset to the assessee shall be its
written down value increased or diminished, as the case
may be, by any adjustment made under section 19(16)
or (17) or section 27(1)(j) or section 29(1) (xi) 145[ :

146[ * * *]]

147[Provided further that where the capital asset

became the property of the assessee by succession,
inheritance or devolution, the actual cost of acquisition
of the capital asset to the assessee shall be the fair
market value of the property prevailing at the time the
assessee became the owner of such property.]

(3) Where in the opinion of the Deputy Commissioner of

Taxes the fair market value of a capital asset transferred
by an assessee as on the date of transfer exceeds the full
value of the consideration declared by the assessee by
an amount of not less than fifteen per cent of the value
so declared, the fair market value of the capital asset
shall be determined with the previous approval of the
Inspecting Joint Commissioner.

(4) Where in the opinion of the Deputy Commissioner of

Taxes the fair market value of a capital asset transferred
by an assessee as on the date of the transfer exceeds
the declared value thereof by more than twenty-five per
cent of such declared value, the Government may offer
to buy the said asset in such manner as may be
prescribed.

(5) Notwithstanding anything contained in this section or

section 31, where a capital gain arises from the transfer
of a capital asset which immediately before the date on
which the transfer took place was being used by the
assessee for the purposes of his business or profession
and the assessee has, within a period of one year before

Page 73 of 277
or after that date, purchased a new capital asset for the
148[ * * *] purposes of his business or profession, then,

instead of the capital gain being charged to tax as

income of the income year in which the transfer took
place, it shall, if the assessee so elects in writing before
the assessment is made, be dealt with in accordance
with the following provisions of this sub-section, that is to
say-

(a) if the amount of the capital gains is greater than the

cost of acquisition of the new asset,-

(i) the difference between the amount of the capital

gain and the cost of acquisition of the new asset shall be
charged under section 31 as income of the income year,
and

(ii) for the purposes of computing in respect of the new

asset any allowance under the Third Schedule or the
amount of any capital gain arising from its transfer, the
cost of acquisition or the written down value, as the case
may be, shall be nil, or

(b) if the amount of the capital gain is equal to or less

than the cost of acquisition of the new asset,-

(i) the capital gain shall not be charged under section

31, and

(ii) for the purposes of computing in respect of the new

asset any allowance under the Third Schedule or any
income under section 19(16) or the amount of any
capital gain arising from its transfer, the cost of
acquisition or the written down value, as the case may
be, shall be reduced by the amount of the capital gain:

Provided that where in respect of the purchase of a new

capital asset consisting of plant or machinery, the
assessee satisfies the Deputy Commissioner of Taxes that
despite the exercise of due diligence it has not been
possible to make the purchase within the period
specified in this sub-section, the Deputy Commissioner of
Taxes may, with the prior approval of the Inspecting Joint
Commissioner, extend the said period to such date as he
considers reasonable.

(6) [Omitted by section 57 of aর্থ আiন, 2000 (2000 সেনর 15 নং

Page 74 of 277
আiন).]

149[(7) Notwithstanding anything contained in this section

or section 31, where a capital gain arises from the
transfer of a capital asset being Government securities
and stocks and shares of public companies listed with a
stock exchange in Bangladesh, 150[ * * *] then no tax shall
be charged under section 31.]

(8) [Omitted by section 57 of aর্থ আiন, 2000 (2000 সেনর 15 নং

আiন).]

(9) [Omitted by section 57 of aর্থ আiন, 2000 (2000 সেনর 15 নং

আiন).]

(10) Notwithstanding anything contained in this section

or section 31, where a capital gain arises from the
transfer of capital being buildings or lands to a new
company registered under 151[ the Companies Act, 1913
(VII of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন),] for setting
up of an industry, and if the whole amount of capital
gain is invested in the equity of the said company, then
the capital gain shall not be charged to tax as income
of the year in which the transfer took place.

(11) Notwithstanding anything contained in this section

or section 31, where a capital gain arises from the
transfer of a capital asset of a firm to a new company
registered under 152[ the Companies Act, 1913 (VII of
1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)], and if the
whole amount of the capital gain is invested in the
equity of the said company by the partners of the said
firm, then the capital gain shall not be charged to tax as
income of the year in which the transfer took place.]

(11A) 153[ ***]

154[ (12) Notwithstanding anything contained in 155[ sub-

sections (5), (7), (10) and (11)], no exemption shall be
allowed to any person on so much of profits and gains
arising out of the transfer of a capital asset as is
attributable to the cost of acquisition of such asset in
respect of which any investment allowance referred to in
paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11 of PART B of THE
SIXTH SCHEDULE to this Ordinance was at any time
allowed.]

Page 75 of 277
Income from 33. The following income of an assessee shall be
other sources classified and computed under the head “Income from
other sources”, namely:-

(a) dividend and interest;

(b) royalties and fees for technical services;

(c) income from letting of machinery, plants or furniture

belonging to the assessee, and also of buildings
belonging to him if the letting of buildings is inseparable
from the letting of the machinery, plant or furniture;

(d) any income to which section 19(1), (2), (3), (4), (5),
(8), (9), (10), (11), (12), (13), (21), 156[ (21A) or (24) applies];

Deductions from 34. (1) The amount of interest paid in respect of money
income from borrowed for the purpose of acquisition of shares of a
other sources company.

(2) Any expenditure, not being in the nature of capital

expenditure or personal expenses of the assessee,
incurred solely for the purpose of making or earning the
relevant income.

(3) Where the income is derived from letting on hire of

machinery, plant or furniture belonging to the assessee
and also of building belonging to him if the letting of the
building is inseparable from the letting of such
machinery, plant or furniture, the same allowances as
are admissible under section 29(1)(vi), (vii), (viii) and (xi)
to an assessee in respect of income under the head
“Income from business or profession” subject to the same
conditions and limitations as if the income from such
letting on hire were income from business or profession:

Provided that the provisions of section 19(16) shall also

be applicable for the determination of any profits where

Page 76 of 277
 the sale proceeds of such machinery, plant, furniture or
building exceeds the written down value thereof.

(4) Notwithstanding anything contained in this section,

no allowance shall be made on account of-

(a) any interest chargeable under this Ordinance which

is payable outside Bangladesh on which tax has not
been paid and from which tax has not been deducted
at source under section 56; or

(b) any payment which is chargeable under the head

“Salaries” if tax has not been paid thereon or deducted
therefrom under section 50.

Method of 35. (1) All income classifiable under the head 157[
accounting “Agricultural income”,] “Income from business or
profession” or “Income from other sources” shall be
computed in accordance with the method of
accounting regularly employed by the assessee.

(2) Notwithstanding anything contained in sub-section

(1), the Board may, in the case of any business or
profession, or class of business or profession, or any other
source of income, or any class of persons, by a general
or special order, direct that the accounts and other
documents shall be maintained in such manner and
form, and that payments of commercial transactions
recorded in such manner, as may be prescribed or as
may be specified in such direction; and thereupon the
income of the assessee shall be computed on the basis
of the accounts maintained, payments made and
transactions recorded accordingly.

(3) Without prejudice to the preceding sub-sections,

every public or private company as defined in 158[ the
Companies Act, 1913 (VII of 1913) or েকাmানী আiন, 1994 (1994
সেনর 18 নং আiন)] 159[ * * *] shall, with the return of income
required to be filed under this Ordinance for any income
year, furnish a copy of the trading account, profit and
loss account and the balance sheet in respect of that
income year certified by a chartered accountant.

Page 77 of 277
 (4) Where-

(a) no method of accounting has been regularly

employed, or if the method employed is such that, in the
opinion of the Deputy Commissioner of Taxes, the
income of the assessee cannot be properly deducted
therefrom; or

(b) in any case to which sub-section (2) applies, the

assessee fails to maintain accounts, make payments or
record transactions in the manner directed under that
sub-section; or

(c) a company 160[ * * *] has not complied with the

requirements of sub-section (3);

the income of the assessee shall be computed on such

basis and in such manner as the Deputy Commissioner of
Taxes may think fit.

Allocation of 36. Where the time taken by the author of a literary or

income from artistic work in the making thereof exceeds twelve
royalties, etc, for months, the amount received or receivable by him
literary works, during any income year in lump sum on account of
etc royalties or copyright fees in respect of that work shall, if
he so claims, be deemed to be the income of-

(a) the income year in which it is received and the

immediately preceding income year if the time taken in
making such work exceeds twelve months but does not
exceed twenty-four months; and

(b) the income year in which it is received and the two

immediately preceding income years if the time taken in
making such work exceeds twenty-four months, and shall
be allocated in equal proportions to each such income
year and the income of the assessee in respect of an
income year shall be computed accordingly.

Page 78 of 277
 Explanation.- For the purposes of this section, the
expression “author” includes a joint author and the
expression “lump sum” in regard to royalties or copyright
fees includes an advance payment on account of such
royalties or copyright fees which is not returnable.

Set off of losses 37. Where, in respect of any assessment year, the net
result of computation of income under any head is a
loss, the assessee shall, subject to the other provisions of
this Ordinance, be entitled to have the amount of such
loss set off against his income, if any, assessable for that
assessment year under any other head:

161[Provided that any loss in respect of any speculation

business or any loss under the head “Capital gains” or
any loss from any other source, income of which is
exempted from tax shall not be so set off, but shall,
excluding any loss from any other source, income of
which is exempted from tax, in accordance with the
provisions of this Ordinance, be set off, or be carried
forward to succeeding assessment year or years for set
off, against any income in respect of speculation
business or any income under the head “Capital gains”:]

Provided further that for the purposes of this section the

Deputy Commissioner of Taxes shall, in computing any
loss, deduct any amount received in cash as subsidy
from the Government.

162[Provided further that any loss in respect of any

income from business or profession shall not be so set off,
or be carried forward to succeeding assessment year or
years for set off, against any income from house
property.]

Carry forward of 38. Where, for any assessment year, the net result of the

Page 79 of 277
business losses computation of income under the head “Income from
business or profession” is a loss to the assessee, not being
a loss sustained in a speculation business, and such loss
has not been wholly set off under section 37, so much of
the loss as has not been so set off, the whole of the loss,
where the assessee has no income under any other
head or has income only under the head “Capital
gains”, shall be carried forward to the next following
assessment year, and-

(a) it shall be set off against the income, if any, from the
business or profession for which the loss was originally
computed if such business or profession continued to be
carried on by him in the income year; and

(b) if the loss cannot be wholly so set off, the amount of

the loss not so set off shall be carried forward to the next
assessment year and so on for not more than six
successive assessment years.

Carry forward of 39. (1) Where, for any assessment year, the result of
loss in computation of income in respect of any speculation
speculation business carried on by the assessee is a loss, it shall be set
business off only against the income, if any, from any other
speculation business carried on by him and assessable
for that assessment year.

(2) Where, for any assessment year, any loss computed in

respect of a speculation business has not been wholly set
off under sub-section (1), so much of the loss as has not
been so set off, or the whole loss where the assessee has
no income from any other speculation business, shall,
subject to the provisions of this Ordinance, be carried
forward to the next following assessment year, and-

(a) it shall be set off against the income, if any, from any
speculation business carried on by him and assessable
for that assessment year; and

Page 80 of 277
 (b) if the loss cannot be wholly so set off, the amount of
loss not so set off shall be carried forward to the next
assessment year and so on for not more than six
successive assessment years.

Carry forward of 40. (1) Where, in respect of any assessment year, the net
loss under the result of computation of income from any source under
head “Capital the head “Capital gains” is a loss, it shall be set off only
gains” against income from any other source falling under that
head and assessable for that year.

(2) Where, for any assessment year, any loss computed

under the head “Capital gains” has not been wholly set
off under sub-section (1), so much of the loss as has not
been so set off, or the whole loss where the assessee has
no income from any other source falling under that
head, shall, subject to the provisions of this Ordinance,
be carried forward to the next following assessment year,
and-

(a) it shall be set off against income, if any, of the

assessee under that head and assessable for that year;
and

(b) if the loss cannot be wholly so set off, the amount of

loss not so set off shall be carried forward to the next
assessment year and so on for not more than six
successive assessment years.

(3) Where, in respect of any assessment year, the loss

computed under the head “Capital gains” does not
exceeds five thousand taka it shall not be carried
forward and where it exceeds five thousand taka only so
much of such loss shall be carried forward as exceeds
five thousand taka.

Carry forward of 41. Where, for any assessment year, the net result of the
loss under the computation of income under the head “Agricultural

Page 81 of 277
head income” is a loss to the assessee, and such loss has not
“Agricultural been wholly set off under section 37, so much of the loss
income” as has not been so set off, or the whole of the loss, where
the assessee has no income under any other head or has
income only under the head “Capital gains”, shall be
carried forward to the next following assessment year,
and-

(a) it shall be set off against agricultural income, if any, of

the assessee assessable for that assessment year; and

(b) if the loss cannot be wholly so set off the amount not
so set off shall be carried forward to the next assessment
year and so on for not more than six successive
assessment years.

Conditions and 42. (1) The provisions of sections 37, 38, 39, 40 and 41 shall
limitations of have effect subject to the conditions and limitations set
carrying forward out in this section.
of loss, etc
(2) [Omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন).]

(3) In the case of 163[ a firm],-

(a) Where the assessee is the firm, the loss sustained by it

under any head of income shall be set off under section
37 only against the income of the firm under any other
head and not against the income of any of the partners
of the firm; and

(b) where the assessee is a partner of the firm, he shall

not be entitled to have any loss, sustained by the firm
carried forward and set off against his own income.

(4) Where any person carrying on any business or

profession has been succeeded in such capacity by
another person otherwise than by inheritance, no
person, other than the person incurring the loss, shall be
entitled to have the loss in such business or profession set
off against his income under any other head.

(5) In the case of a firm in the constitution of which a

change has occurred,-

Page 82 of 277
 (a) the firm shall not be entitled to set off so much of the
loss proportionate to the share of a retired or deceased
partner as exceeds his share of profits, if any, of the
income year in the firm; and

(b) a partner of the firm shall not be entitled to the

benefit of any portion of the said loss as is not
apportionable to him.

(6) Where, in making an assessment for any year, full

effect cannot be given to the allowances referred to in
section 29(1) (viii) owing to there being no profits or gains
chargeable for that year or such profits or gains being
less than the allowance then, subject to the provisions of
sub-section (7), the allowance or part of the allowance
to which effect has not been given, as the case may be,
shall be added to the amount of the allowance for
depreciation for the following year and be deemed to
be part of that allowance or if there is no such
allowance for that year, be deemed to be the
allowance for that year and so on for succeeding years.

(7) Where, under sub-section (6), depreciation

allowance is also to be carried forward, effect shall first
be given to the provisions of sections 38 and 39 (2).

Computation of 43. (1) For the purpose of charge of tax, the total income
total income of an assessee shall be computed in the manner
provided in this ordinance.

(2) In computing the total income of an assessee, there

shall be included any exemption or allowance specified
in part B of the Sixth Schedule and any income deemed
to be the income of the assessee under section 19,
subject to the limits, conditions and qualifications laid
down therein.

(3) Where the assessee is a partner of a firm, then,

whether the firm has made a profit or a loss, his share
(whether a net profit or a net loss) shall be taken to be
any salary, interest, commission or other remuneration
payable to him by the firm in respect of the income year

Page 83 of 277
increased or decreased respectively by his share in the
balance of the profit or loss of the firm after the
deduction of any interest, salary, commission or other
remuneration payable to any partner in respect of the
income year 164[ * * *] and such share shall be included in
his total income:

Provided that if his share so computed is a loss, such loss

may be set off or carried forward and set off in
accordance with the provisions of section 42.

(4) In computing the total income of any individual for

the purpose of assessment, there shall be included-

(a) so much of the income of the spouse or minor child

of such individual as arises, directly or indirectly,-

(i) from the membership of the spouse in a firm of which

such individual is a partner;

(ii) from the admission of the minor child to the benefits

of partnership in a firm of which such individual is a
partner;

(iii) from assets transferred directly or indirectly to the

spouse 165[ otherwise than by way of gift or for adequate
consideration] or in connection with an agreement to
live apart; or

(iv) from assets transferred directly or indirectly to the

minor child, not being a married daughter, by such
individual 166[ otherwise than by way of gift or for
adequate consideration]; and

(b) so much of the income of any person or association

of persons as arises from assets transferred, 167[ otherwise
than by way of gift or for adequate consideration], to
such person or association or persons by such individual
for the benefit of the spouse or minor child or both.

(5) All income arising to any person by virtue of a

settlement or disposition whether revocable or not from
assets remaining the property of the 168[ settlor] or
disponer, shall be deemed to be income of the 169[
settlor] or disponer, and all income arising to any person
by virtue of a revocable transfer of assets shall be
deemed to be income of the transferor and shall be
included in the total income of such person 170[ .

Page 84 of 277
 [* * *]]

(6) For the purpose of sub-section (5),-

(a) a settlement, disposition or transfer shall be deemed

to be revocable if it contains any provision for the
retransfer directly or indirectly of the income or assets to
the 171[ settlor], disponer or transferor, or in any way gives
the 172[ settlor], disponer or transferor a right to resume
power directly over the income or assets;

(b) the expression “settlement or disposition” shall include

any disposition, trust, covenant, agreement or
arrangement, and the expression 173[ settlor] or disponer,
in relation to a settlement or disposition, shall include any
person by whom the settlement or disposition was made.

CHAPTER VI

EXEMPTIONS AND ALLOWANCES

Exemption 44. (1) Notwithstanding anything contained in this

Ordinance, any income or class of income or the
income of any person or class of persons specified in Part
A of the Sixth Schedule shall be exempt from the tax
payable under this Ordinance, subject to the limits,
conditions and qualifications laid down therein and shall
be excluded from the computation of total income
under this Ordinance.

174[(2) Subject to the provisions of this Ordinance and the

limits, conditions and qualifications laid down in Part B of
the Sixth Schedule,-

(a) tax shall not be payable by an assessee in respect of

any income or any sum specified in paragraphs 15 and
16 of the said Part B; and

(b) an assessee shall be entitled to a credit from the

amount of tax payable on his total income of an amount
equal to 175[ ten percent] of the sums specified 176[ in all
paragraphs excluding paragraphs 15 and 16 of the said
Part B].

Page 85 of 277
 177[
(3) The aggregate of the allowances admissible
under 178[ all paragraphs excluding paragraphs 15 and
16 of Part-B] of the Sixth Schedule shall not exceed-

(a) 179[ Five lakh taka:]

180[ * * *]

Provided that the amount admissible under 181[ clause

(a)] shall not, under any circumstances, exceed 182[
twenty five percent] of the total income of the
assessee.]]

(4) The Government may, by notification in the official

Gazette,-

(a) make such amendments by way of addition,

omission, alteration or qualification in the Sixth Schedule
as it may deem fit; and

(b) make any exemption, reduction in rate or other

modifications in respect of tax in favour of any class of
income or in regard to the whole or any part of the
income of any class of persons 183[ .

[* * *]]

Exemption of 45. (1) Subject to the provisions of this Ordinance, the

income of an income, profits and gains of an industrial undertaking set
industrial up in Bangladesh between the first day of July, 1974, and
undertaking the thirtieth day of June, 1985 (both days inclusive), shall
be exempt from tax payable under this Ordinance for
the period specified below-

(a) if the undertaking is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Special Economic Zone”, for a period of twelve years
beginning with the month of commencement of
commercial production of the undertaking;

(b) if the undertaking is set up in such areas as the Board

may, by notification in the official Gazette, specify in this
behalf, for a period of nine years beginning with the

Page 86 of 277
month of commencement of commercial production of
the undertaking; and

(c) in other areas, for a period of five years beginning

with the month of such commencement.

Explanation.- For the purposes of this section, “industrial

undertaking” includes expansion of an existing
undertaking if such expansion constitute-

(a) an identifiable unit for production of similar or other

goods or class of goods; or

(b) a similar unit carrying on an identifiable industrial

process, but does not include an undertaking which is
formed by splitting up or reconstruction of an existing
business or by the transfer of machinery or plant of an
existing business in Bangladesh to a new business.

(2) The exemption under sub-section (1) shall apply to an

industrial under-taking (hereinafter referred to as the
“said undertaking”) which fulfils the following conditions,
namely:-

(a) that the said undertaking is owned and managed

by-

(i) a body corporate established by, or in pursuance of,

an Act of Parliament with its head office in Bangladesh;
or

(ii) a company registered under the Companies Act,

1913 (VII of 1913), with its registered office in Bangladesh
and having a subscribed and paid up capital of not less
than one lakh taka on the date of commencement of
commercial production;

(b) that the said undertaking belongs to such class of

industry as the Board may, by notification in the official
Gazette, specify for the purposes of this section;

(c) that a part of the income exempted under this

section is reinvested in the said undertaking or is invested
in the purchase of bond issued by the Government and
such reinvestment or investment is not-

(i) less than fifteen per cent of such income, if it is an

undertaking set up in the areas referred to in sub-section

Page 87 of 277
(1) (a) and (b); and

(ii) less than thirty per cent in other areas;

(d) that the said undertaking is approved and, during the

relevant income year, stands approved by the Board for
the purposes of this section;

(e) that the application in the prescribed form for

approval for the purposes of this section, as verified in
the prescribed manner, is made to the Board within one
hundred and twenty days from the date of
commencement of commercial production:

Provided that the Board may admit an application after

the expiry of the said period of one hundred and twenty
days if it is satisfied that there was sufficient cause for not
making the application within the said period.

184[(2A) Subject to the provisions of this Ordinance, the

income, profits and gains of an industrial undertaking set
up in Bangladesh between the first day of July, 1985, and
the thirtieth day of June, 185[ 1995] (both days inclusive),
shall be exempt from the tax payable under this
Ordinance for the period specified below-

(a) if the undertaking is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Special Economic Zone”, for a period of twelve years
beginning with the month of commencement of
commercial production of the undertaking;

(b) if the undertaking is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Least Developed Areas”, for a period of nine years
beginning with the month of commencement of
commercial production of the undertaking;

(c) if the undertaking is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Less Developed Areas”, for a period of 186[ seven years]
beginning with the month of commencement of
commercial production of the undertaking; and

(d) if the undertaking is set up in the city of Dhaka,

Chittagong or Khulna or the municipality of
Narayanganj, or within ten miles from the outer limits
thereof, for a period of 187[ five years] beginning with the

Page 88 of 277
month of commencement of commercial production of
the undertaking.

(2B) The exemption under sub-section (2A) shall apply to

an industrial undertaking (hereinafter referred to as the
“said undertaking”) which fulfils the following conditions,
namely:-

(a) that the said undertaking is owned and managed

by-

(i) a body corporate established by, or in pursuance of,

an Act of Parliament with its head office in Bangladesh;
or

(ii) a company registered under 188[ the Companies Act,

1913 (VII of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)] with
its registered office in Bangladesh and having a
subscribed and paid up capital of not less than one lakh
taka on the date of commencement of commercial
production;

(b) that the said undertaking belongs to such class of

industry as the Board may, by notification in the official
Gazette, specify for the purpose of this sub-section;

189[ 190[ * * *]

(cc) that a part of the income exempted under sub-

section (2A) is invested, 191[ during the period, or within
one year from the end of the period,] to which the
exemption under that sub-section relates, in the said
undertaking or in any new industrial undertaking or in any
productive assets being stocks and shares of a public
company or bonds or securities issued by the
Government and such investment is not less than 192[
thirty per cent] of such income, failing which the income
so exempted shall, notwithstanding the provisions of this
Ordinance, be subject to tax in the assessment year for
which the exemption was allowed 193[ :

Provided that the quantum of investment referred to in

this clause shall be reduced by the amount of dividend,
if any, declared by the company enjoying tax
exemption under this section;]]

(d) that the said undertaking is approved and, during the

Page 89 of 277
relevant income year, stands approved by the Board for
the purposes of this section;

(e) that the application in the prescribed form for

approval for the purposes of this section, as verified in
the prescribed manner, is made to the Board within 194[
one hundred and eighty days] from the date of
commencement of commercial production:

Provided that the Board may admit an application after

the expiry of the said period of 195[ one hundred and
eighty days] if it is satisfied that there was sufficient cause
for not making the application within the said period.]

196[(2C) The Board shall give its decision on an

application made under clause (e) of sub-section (2B)
within 197[ three months] from the date of receipt of the
application by the Board, failing which the undertaking
shall be deemed to have been approved by the Board
for the purposes of this section.]

(3) The income, profits and gains of the said undertaking

to which this section applies, shall be computed in
accordance with the provisions of sections 28 and 29:

198[Provided that in respect of depreciation, only the

allowances for normal depreciation specified in
paragraph 3 of the Third Schedule shall be allowed.]

(4) The profits and gains of the said undertaking shall be

computed separately from other income, profits and
gains of the assessee, if any, and where the assessee
sustains a loss from such undertaking, it shall be carried
forward and set off against the profits and gains of the
said undertaking for the following year, and where it
cannot be wholly set off, the amount of the loss not so
set off, shall be carried forward for the next year and so
on, but no loss shall be carried beyond the period of
exemption allowed under this section.

(5) Nothing contained in this section shall be so

construed as to exempt the following:-

(a) any dividend paid, credited or distributed or deemed

to have been paid, credited or distributed by a
company to its share-holders out of the profits and gains
exempt from tax under this section; and

Page 90 of 277
 (b) any income of the said undertaking classifiable as
“Capital gains” chargeable under the provisions of
section 31.

(6) Where any exemption has been allowed under this

section and it is subsequently discovered by the Deputy
Commissioner of Taxes that any one or more of the
conditions specified in this section were not fulfilled, the
exemption originally allowed shall be deemed to have
been wrongly allowed, and the Deputy Commissioner of
Taxes may, notwithstanding anything contained in this
Ordinance, re-compute the total income of, and the tax
payable by, the assessee for the relevant income year
and the provisions of Section 93 or 94 shall, so far as may
be, apply thereto, the period of two years specified in
section 94 being reckoned from the end of the
assessment year relevant to the income year in which
the infringement was discovered.

(7) An industrial undertaking approved under this section

may, not later than six months from the date of approval,
apply in writing to the Board for the cancellation of such
approval, and the Board may pass such orders thereon
as it may deem fit.

199[ (8) Notwithstanding anything contained in this

section, the Board may, in the public interest, cancel or
suspend fully or partially any exemption allowed under
this section.]

Exemption of 46. (1) Subject to the provisions of this Ordinance, the

income of a income, profits and gains of a tourist industry set up in
tourist industry Bangladesh between the first day of January, 1976, and
the thirtieth day of June, 1985 (both days inclusive), shall
be exempt from the tax payable under this Ordinance,
for the period specified below-

(a) if the industry is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Special Economic Zone”, for a period of twelve years
beginning with the commencement of its commercial
service;

Page 91 of 277
(b) if the industry is set up in the cities of Dhaka,
Chittagong, Khulna and Rajshahi and the areas within
fifteen miles from the outer municipal limits of those cities,
for a period of five years beginning with the month of
commencement of its commercial service; and

(c) in other areas, for a period of seven years beginning

with the month of such commencement.

Explanation.- For the purposes of this section, the

expression “tourist industry” means a business, industry or
undertaking which caters for the tourists including setting
up, establishment or running of hotels, motels, 200[ hunting
lodges, amusement and theme park, holiday home,
tourist resort, family fun and games, energy park] and
private picnic spots of such standard as may be
prescribed by the Board.

(2) The exemption under sub-section (1) shall apply to a

tourist industry (hereinafter referred to as the “said
industry”), which fulfils the following conditions, namely:-

(a) that the said industry is owned and managed by a

Bangladeshi company having a subscribed and paid up
capital of not less than one lakh taka on the date of
commencement of its commercial service;

(b) that the said industry shall have such service facilities
as the Board may, by notification in the official Gazette,
specify in this behalf;

(c) that a part of the income, profits and gains derived

from the said industry exempted under sub-section (1) is
reinvested in it or is invested in the purchase of bond
issued by the Government, and such reinvestment or
investment is not-

(i) less than thirty per cent, if it is an industry set up in the

areas referred to in sub-section (1) (b); and

(ii) less than fifteen per cent, in other areas;

(d) that an application in the prescribed form for

approval for the purposes of this section, as verified in
the prescribed manner, is made to the Board within one
hundred and twenty days of the date of
commencement of commercial service;

Page 92 of 277
(e) that the said industry is approved and, during the
relevant income year, stands approved by the Board for
the purposes of this section.

201[ (2A) Subject to the provisions of this Ordinance, the

income, profits and gains of a tourist industry set up in
Bangladesh between the first day of July, 1985, and the
thirtieth day of June, 202[ 2000] (both days inclusive), shall
be exempt from the tax payable under this Ordinance,
for the period specified below-

(a) if the industry is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Special Economic Zone”, for a period of twelve years
beginning with the month of commencement of its
commercial service;

(b) if the industry is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Least Developed Areas”, for a period of nine years
beginning with the month of commencement of its
commercial service;

(c) in the industry is set up in such areas as the Board

may, by notification in the official Gazette, specify to be
“Less Developed Areas”, for a period of 203[ seven years]
beginning with the month or commencement of its
commercial service; and

(d) if the industry is set up in the city of Dhaka,

Chittagong or Khulna or the municipality of Rajshahi, or
within fifteen miles from the outer limits thereof, for a
period of 204[ five years] beginning with the month of
commencement of its commercial service.

(2B) The exemption under sub-section (2A) shall apply to

a tourist industry (hereinafter referred to as the “said
industry”), which fulfils the following conditions, namely:-

(a) that the said industry is owned and managed by a

Bangladeshi company having a subscribed and paid up
capital of not less than one lakh taka on the date of
commencement of its commercial service;

(b) that the said industry shall have such service facilities
as the Board may, by notification in the official Gazette,
specify in this behalf;

Page 93 of 277
205[ 206[ * * *]

(cc) that a part of the income exempted under sub-

section (2A) is invested, 207[ during the period, or within
one year from the end of the period], to which the
exemption under that sub-section relates, in the said
undertaking or in any new industrial undertaking or in any
productive assets being stocks and shares of a public
company or bonds or securities issued by the
Government and such investment is not less than 208[
twenty five per cent] of such income, failing which the
income so exempted shall, notwithstanding the
provisions of this Ordinance, be subject to tax in the
assessment year for which the exemption was allowed
209[ :

Provided that the quantum of investment referred to in

this clause shall be reduced by the amount of dividend,
if any, declared by the company enjoying tax
exemption under this section;]]

(d) that an application in the prescribed form for

approval for the purposes of this section as verified in the
prescribed manner, is made to the Board within 210[ one
hundred and eighty days] of the date of
commencement of commercial service;

(e) that the said industry is approved and, during the

relevant income year, stands approved by the Board for
the purposes of this section.]

211[(2C) The Board shall give its decision on an

application made under clause (d) of sub-section (2B)
within 212[ three months] from the date of receipt of the
application by the Board, failing which the industry shall
be deemed to have been approved by the Board for
the purposes of this section.]

(3) The profits and gains of the said industry to which this
section applies shall be computed in accordance with
the provisions of sections 28 and 29:

Provided that in respect of depreciation, only the

allowance for normal depreciation specified in
paragraph 3 of the Third Schedule shall be allowed.

(4) The profits and gains of the said industry shall be

computed separately from other income, profits and

Page 94 of 277
gains of the assessee, if any, and where the assessee
sustains a loss from such industry, it shall be carried
forward and set off against the profits and gains of the
said industry for the following year and where it cannot
be wholly set off, the amount of the loss not so set off,
shall be carried forward for the next year and so on, but
no loss shall be carried forward beyond the period of
exemption allowed under this section.

(5) Nothing contained in this section shall be so

construed as to exempt the following:-

(a) any dividend paid, credited or distributed or deemed

to have been paid, credited or distributed by a
company to its shareholders out of the profits and gains
exempt from tax under this section; and

(b) any income of the said industry classifiable as

“Capital gains” chargeable under the provisions of
section 31.

(6) Where any exemption has been allowed under this

section and it is subsequently discovered by the Deputy
Commissioner of Taxes that any one or more of the
conditions specified in this section were not fulfilled, the
exemption originally allowed shall be deemed to have
been wrongly allowed and the Deputy Commissioner of
Taxes may, notwithstanding anything contained in this
Ordinance, re-compute the total income of, and the tax
payable by, the assessee for the relevant income year,
and the provisions of section 93 or 94 shall, so far as may
be, apply thereto, the period of two years specified in
section 94 being reckoned from the end of the
assessment year relevant to the income year in which
the infringement was discovered.

(7) A tourist industry approved under this section may,

not later than six months from the date of approval,
apply in writing to the Board for the cancellation of such
approval, and the Board may pass such orders thereon
as it may deem fit.

213[ (8) Notwithstanding anything contained in this

section, the Board may, in the public interest, cancel or
suspend fully or partially the exemption allowed under
this section.]

Page 95 of 277
Exemption from 214[ 46A. (1) Subject to the provisions of this Ordinance,
tax of newly 215[ profits and gains under section 28 from] an industrial
established undertaking, tourist industry or physical infrastructure
industrial facility (hereinafter referred to as the said undertaking)
undertakings, set-up in Bangladesh between the first day of July,
etc in certain 1995and the thirtieth day of 216[ June, 2008] (both days
cases inclusive) shall be exempt from the tax payable under
this Ordinance for the period specified below-

(a) if the said undertaking is set-up in 217[ Dhaka and

Chittagong divisions], excluding the hill districts of
Rangamati, Bandarban and Khagrachari, for a period of
218[ four] years beginning with the month of

commencement of commercial production or operation

of the said undertaking;

(b) if the said undertaking is set-up in 219[ Rajshahi,

Khulna, Sylhet and Barisal divisions] and the hill districts of
Rangamati, Bandarban and Khagrachari, for a period of
220[ six] years beginning with the month of

commencement of commercial production or operation

of the said undertaking.

221[ * * *]

222[(1A) industrial undertaking, tourist industry, or physical

infrastructure facility does not include expansion of an
existing undertaking for the purpose of this section,-

(i) “industrial undertaking” means an industry engaged in

the production of textile, textile machinery, high value
garments, pharmaceuticals, melamine, plastic products,
ceramics, sanitary ware, steel from iron ore, fertilizer,
insecticide & pesticide, computer hardware, petro-
chemicals, basic raw materials of drugs, chemicals,
pharmaceuticals, agricultural machine, ship building,
boilers, compressors and any other category of industrial
undertaking as the Government may by notification in
the official Gazette specify.

Explanation.- ‘high value garments' mean overcoats,

jackets and suits.

(ii) “physical infrastructure facility” means sea or river

Page 96 of 277
port, container terminals, internal container depot,
container freight station, LNG terminal and transmission
line, CNG terminal and transmission line, gas pipe line,
flyover, large water treatment plant & supply through
pipe line, waste treatment plant, 223[ solar energy plant,]
export processing zone and any other category of
physical infrastructure facility as the Government may by
notification in the official Gazette specify;

(iii) “tourist industry” means residential hotel having

facility of three star or more and any other category of
tourist industry facility as the Government may by
notification in the official Gazette specify.] (2) The
exemption under sub-section (1) shall apply to the said
undertaking if it fulfils the following conditions, namely:-

(a) that the said undertaking is owned and managed

by-

(i) a body corporate established by or under an Act of

Parliament with its head office in Bangladesh; or

(ii) a company as defined in the Companies Act, 1913

(VII of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন) with its
registered office in Bangladesh and having a subscribed
and paid up capital of not less than one lakh taka on the
date of commencement of commercial production or
operation;

224[ * * *]

225[(c) that thirty per cent of the income exempted

under sub-section (1) is invested in the said undertaking
or in any new industrial undertakings during the period of
exemption or within one year from the end of the period
to which the exemption under that sub-section relates
and in addition to that another ten per cent of the
income exempted under sub-section (1) is invested in
each year before the expiry of three months from the
end of the income year in the purchase of shares of a
company listed with any stock exchange, failing which
the income so exempted shall, notwithstanding the
provisions of this Ordinance, be subject to tax in the
assessment year for which the exemption was allowed:

Provided that the quantum of investment referred to in

this clause shall be reduced by the amount of dividend,

Page 97 of 277
if any, declared by the company enjoying tax
exemption under this section;]

(d) that the said undertaking is not formed by splitting up

or by reconstruction or reconstitution of business already
in existence or by transfer to a new business of any
machinery or plant used in business which was being
carried on in Bangladesh at any time before the
commencement of the new business;

(e) that the said undertaking is approved, and during the

relevant income year, stands approved by the Board for
the purposes of this section;

(f) that the application in the prescribed form for

approval for the purposes of this section, as verified in
the prescribed manner, is made to the Board 226[ within
six months from the end of the month] of
commencement of commercial production or
operation.

227[
(2A) Notwithstanding anything contained in this
section-

(a) where a said undertaking enjoying exemption of tax

under this section is engaged in any commercial
transaction with another undertaking or company
having one or more common sponsor directors, and

(b) during the course of making an assessment of the

said undertaking if the Deputy Commissioner of Taxes is
satisfied that the said undertaking has purchased or sold
goods at higher or lower price in comparison to the
market price with intent to reduce the income of
another undertaking or company,

the exemption of tax of that said undertaking shall be

deemed to have been withdrawn for that assessment
year in which such transaction is made.]

(3) The Board shall give its decision on an application

made under clause (f) of sub-section (2) within [forty-five
days] from the date of receipt of the application by the
Board, failing which the undertaking shall be deemed to
have been approved by the Board for the purposes of
this section 228[ : Provided that the Board shall not reject
any application made under this section unless the
applicant is given a reasonable opportunity of being

Page 98 of 277
heard.]

(4) The Board may, on an application of any person

aggrieved by any decision or order passed under sub-
section (3), if the application is made within four months
of the receipt of such decision or order, review the
previous decision or order and pass such order in relation
thereto as it thinks fit.

(5) The profits and gains of the undertaking to which this

section applies shall be computed in the same manner
as is applicable to income chargeable under the head
“Income from business or profession”:

229[Provided that in respect of depreciation, only the

allowances for normal depreciation specified in
paragraph 3 of the Third Schedule shall be allowed.]

(6) The profits and gains of the said undertaking shall be

computed separately from other income, profits and
gains of the assessee, if any, and where the assessee
sustains a loss from such undertaking it shall be carried
forward and set off against the profits and gains of the
said undertaking for the following year and where it
cannot be wholly set off, the amount of the loss not so
set off, shall be carried forward for the next year and so
on, but no loss shall be carried forward beyond the
period specified by the Board in the order issued under
sub-section (3) or (4).

(7) Unless otherwise specified by the Government,

nothing contained in this section shall be so construed as
to exempt the following from tax chargeable under this
section:-

(a) any dividend paid, credited or distributed or deemed

to have been paid, credited or distributed by a
company to its share-holders out of the profits and gains;
and

(b) any income of the said undertaking classifiable as

“Capital gains” chargeable under the provisions of
section 31 230[ ; and

(c) any income of the said undertaking resulting from

disallowance made under section 30 231[ .

[* * *]]

Page 99 of 277
 (8) Where any exemption is allowed under this section
and in the course of making assessment, the Deputy
Commissioner of Taxes is satisfied that any one or more of
the conditions specified in this section are not fulfilled,
the exemption will stand withdrawn for the relevant
assessment year and the Deputy Commissioner of Taxes
shall determine the tax payable for such year.

(9) Any such undertaking approved under this section

may, not latter than one year from the date of approval,
apply in writing to the Board for the cancellation of such
approval, and the Board may pass such orders thereon
as it may deem fit.

(10) Notwithstanding anything contained in this section,

the Board may, in the public interest, cancel or suspend
fully or partially any exemption allowed under this
section.

(11) The Board may make rules regulating the procedure

for the grant of approval under sub-section (3), review
under sub-section (4) and furnishing of information
regarding payment of other taxes by the said
undertaking and any other matters connected with or
incidental to operation of this section.]

Exemption from 232[46B. (1) Subject to the provisions of this Ordinance,

tax of newly income, profits and gains under section 28 from an
established industrial undertaking, tourism industry or physical
industrial infrastructure facility (hereinafter referred to as the said
undertakings undertaking) set-up in Bangladesh between the first day
set-up between of July, 2008 and the thirtieth day of June, 2011 (both
the period of days inclusive) shall be exempted from the tax payable
July, 2008 to under this Ordinance for the period, and at the rate,
June, 2011, etc specified below:
in certain cases

(a) if the said undertaking is set-up in Dhaka and

Chittagong divisions, excluding the hill districts of
Rangamati, Bandarban and Khagrachari, for a period of
five years beginning with the month of commencement

Page 100 of 277

 of commercial production or operation of the said
undertaking:

Exemption of 47. (1) The tax shall not be payable by a co-operative

income of co- society including a co-operative society carrying on the
operative business of banking in respect of-
societies
(a) so much of its income as is derived by it as a result of
such of its dealings with its members as involve sale of
goods, the lending of money or the lease of buildings
and land which is for the personal use of such members,
or where such member is a firm or an association of
persons, for the personal use of the partners or members
thereof;

(b) the entire income from business carried on by it, if it is

engaged in the following:-

(i) agricultural or rural credit;

(ii) cottage industry;

(iii) marketing of agricultural produce of its members;

(iv) purchase of agricultural implements, seeds, livestock

or other articles intended for agriculture for the purpose
of supplying them to its members; or

(v) such processing, not being the performance of any

manufacturing operation with the aid of power, of the
agricultural produce of its members as is ordinarily
employed by a cultivator to render marketable the
agricultural produce raised by him;

(c) any income from interest and dividends derived from

its investments with any other co-operative society; and

(d) any income derived from the letting of godowns or

warehouses for the purpose of storage, processing or
facilitating the marketing of commodities belonging or
meant for sale to its members.

Explanation.-For the purpose of this section,-

Page 101 of 277

 (a) “cottage industry” means an enterprise, not being
owned by a joint stock company which fulfils the
following conditions, namely:-

(i) it is basically an enterprise in which the owner is the

investor, a full-time worker and the actual entrepreneur;

(ii) the capital invested in plant, machinery and

equipment does not exceed 233[ three lakh taka] at any
time during the income year;

(iii) the number of workers, including the owner and the

members of his family, shall not on any one twenty-four
hour day during the income year, exceed 234[ fifteen];
and

(iv) the owner of the enterprise or any member of his

family does not own any other industrial or commercial
enterprise either in his own name or in the name of any
other person; and

(b) “member of his family”, in relation to the owner of an

enterprise, means the parents, spouse and children
dependent on the owner and employed in the
enterprise, whether working full-time or part-time, or
whether for or without any wages, remuneration or
compensation in any form.

(2) Nothing contained in sub-section (1) shall apply to a

co-operative society carrying on such business of
insurance as is carried on by a mutual insurance
association in respect of its profits and gains to which
paragraph 8 of the Fourth Schedule applies.

CHAPTER VII

PAYMENT OF TAX BEFORE ASSESSMENT

Deduction at 48. (1) Notwithstanding that regular assessment in

source and respect of any income is to be made later in any
advance assessment year, and without prejudice to the charge
payment of tax and recovery of tax under this Ordinance after such
assessment, the tax on income shall be payable by
deduction or collection at source, or by way of advance

Page 102 of 277

 payment, in accordance with the provisions of this
Chapter.

(2) Any sum deducted or collected, or paid by way of

advance payment, in accordance with the provisions of
this Chapter, shall, for the purpose of computing the
income of an assessee, be deemed to be the income
received, and be treated as payment of tax in due time,
by the assessee.

Income subject 49. (1) Tax payable under this Ordinance shall be
to deduction at deducted or collected at source in respect of the
source following income, namely:-

(a) income classifiable under the head “Salaries”;

235[
(aa) income from discount on the real value of
Bangladesh Bank bills;]

(b) income classifiable under the head “Interest on

securities”;

236[ * * *]

(c) income derived on account of supply of goods,

execution of contracts or services rendered;

(d) income derived by the importers and exporters on

account of import and export of goods;

(e) income derived on account of indenting commission;

(f) income derived on account of winnings from lottery or

crossword puzzles, as referred to in section 19(13); 237[ * *
*]

(g) any income chargeable under this Ordinance which

is paid or payable to a non-resident 238[ ;

(h) Income classifiable under the head “Income from

house property”;

Page 103 of 277

(i) income derived on account of export of manpower;

(j) income derived on account of purchase by public

auction;

(k) income derived on account of acting in films;

239[ * * *] 240[ * * *]

(m) income derived on account of shipping agency

commission 241[ ; 242[ * * *]

243[
(n) income derived from commission, discount or fees
payable to distributors for distribution or marketing of
manufactured goods] 244[ ;

(o) income derived on account of interest on saving

deposits, fixed deposits or term deposits and share of
profit on term deposits;

(p) income derived on account of insurance

commission;

(q) income classifiable under the head “Capital gains”;]

245[
(r) income derived on account of fees for
professional or technical services;

(s) income derived on account of manufacture of

cigarettes manually without any mechanical aid
whatsoever;

(t) income derived from compensation against

acquisition of property;

246[ * * *]

247[ * * *]

(w) income derived on account of running of brick field;

(x) income derived on account of services rendered by

the doctors;

248[ * * *]

(z) income derived on account of commission of letter of

Page 104 of 277

credit;]

249[(za) income derived on account of survey by a

surveyor of general insurance company;

250[ * * *]

(zc) income derived on account of commission,

remuneration or charges as a foreign buyer's agent 251[ ;

(zd) income from dividends 252[ ;

(ze) income derived on account of rendering certain

services 253[ ;

(zf) income derived on account of shipping business of a

resident;

(zg) income derived on account of business of real

estate and land developer;

(zh) income derived by an exporter on account of

export of 254[ any commodity];

(zi) income derived by a member of a stock exchange

on account of transaction of shares, debentures, mutual
funds, bonds or securities 255[ ;

(zj) income derived on account of courier business of a

non-resident;

(zk) income derived on account of export cash subsidy;

256[ ***]

257[ (zm) on account of 258[ ***] renewal of trade licence;

(zn) income derived on account of trustee fees;

(zo) income derived on account of freight forward

agency commission 259[ ;

(zp) income derived on account of rental power;

(zq) income derived on account of interest of Post Office

Savings Bank Account;

(zr) income derived on account of rental value of

Page 105 of 277

 vacant land or plant or machinery;

(zs) income derived on account of advertisement.]

(2) Tax to be deducted at source under sub-section (1) in

respect of any income shall be deducted in
accordance with the provisions of this Chapter by the
person responsible for making payment which
constitutes the income of the payee.

(3) For the purpose of this Chapter, “person responsible

for making payment”, with its grammatical variations
and cognate expressions, means-

(a) in the case of payments constituting income

classifiable under head “Salaries”, not being payments
made by the Government, the employer himself or, if the
employer is a local authority, company or institution,
such authority, company or institution, including the
principal officer thereof;

(b) in the case of payments constituting income

classifiable under the head “Interest on securities”, not
being payment made by or on behalf of the
Government, the authority, company or other institution
issuing the security or the principal officer thereof; and

(c) in the case of payment of any other sum which

constitutes an income of the payee chargeable to tax
under this Ordinance, the payer himself, or if the payer is
a company or other institution, such company or
institution including the principal officer thereof.

Deduction at 50. (1) The person responsible for making any payment
source from which constitutes income of the payee classifiable under
salaries the head “Salaries” shall, at the time of making such
payment, deduct tax on the amount so payable at a
rate representing the average of the rates applicable to
the estimated total income of the payee under that
head.

Page 106 of 277

 (2) At the time of making any deduction under sub-
section (1), the amount to be deducted may be
increased or decreased for the purpose of adjusting any
excess or deficiency arising out of any previous
deductions or failure to make deductions.

(3) For the purposes of deduction under sub-section (1) in

respect of salary payable in a foreign currency, the
value in taka of such salary shall be calculated at such
rate as the Board may prescribe.

Deduction at 260[
50A. Any person responsible for paying any amount
source from on account of discount on the real value of Bangladesh
discount on the Bank bills shall, at the time of making such payment,
real value of deduct tax at the maximum rate on the amount so
Bangladesh payable or the rate applicable to such amount,
Bank bills whichever is greater 261[ :

Provided that no tax shall be deducted under this

section where the said bill is purchased by an approved
superannuation fund or pension fund or gratuity fund or
a recognised provident fund, or a workers' profit
participation fund.]]

Deduction at 51. 262[ (1) In the case of the security of the Government,
source from or security approved by the Government, unless the
interest on Government otherwise directs, the person responsible for
securities issuing any security, income of which is classifiable under
the head “Interest on securities”, shall collect income tax
at the rate of ten per cent (10%) upfront on interest or
discount, receivable on maturity, from the purchaser of
the securities 263[ :

Provided that the provision of sub-section (1) of this

Page 107 of 277

 section shall not apply to the Treasury bond or Treasury
bill issued by the Government.]

(2) [Omitted by section 18 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

(3) Nothing in this section shall apply to any payment on

account of interest payable on debentures issued by or
on behalf of a local authority or a company.

264[ Omitted] 51A. [Deduction at source from interest on fixed deposits-

Omitted by section 2 of the Income tax (Amendment)
Ordinance, 1985 (Ordinance No. XXXVI of 1985).]

Deduction from 52. (1) Where any payment is to be made, whether in full
payment to or in part, or by way of advance, on account of
contractors, etc indenting commission 265[ * * *] or shipping agency
commission] or supply of goods or 266[ execution of
contract or sub-contract], 267[ * * *] to any such person or
class of persons as may be prescribed, the person
responsible for making the payment shall, at the time of
making such payment deduct tax on the amount so
payable at such rate as may be prescribed.

(2) Any amount deducted under sub-section (1) shall be

deemed to be an advance payment of tax by the
payee and shall be given credit for in the assessment of
his tax.

Deduction at 268[ 269[52A. (1) The principal officer of any company

source from fees registered under the Companies Act, 1913 (VII of 1913) or
for professional েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন) or the Chief executive of
or technical any non- Government organisation registered with the
services NGO Affairs Bureau or the chief executive of any trust

Page 108 of 277

registered under the Trusts Act, 1882 (II of 1882) running
any general or specialised hospital or any diagnostic
centre shall be responsible for making any payment to
any doctor which may be payable to him on account of
fees for services rendered by him to a patient in such
hospital or diagnostic centre and shall, at the time of
making such payment, deduct income tax at the rate of
270[ ten percent on the amount so payable.

(2) The Government or any other authority, corporation

or body, including its units, the activities of which are
authorised by any Act, Ordinance, Order or instrument
having the force of law in Bangladesh, or any company
as defined in clause (20) of section 2 or any banking
company or any insurance company or any co-
operative bank or any non- Government organisation
registered with NGO Affairs Bureau, responsible for
making any payment on account of royalty or technical
know-how fee to the account of the payee or at the
time of payment thereof in cash or by issue of a cheque
or draft or by any other mode, whichever is earlier, as
advance payment of tax at the rate of ten per cent of
such royalty or fees.

(3) The Government or any other authority, corporation

or body, including its units, the activities of which are
authorised by any Act, Ordinance, Order or instrument
having the force of law in Bangladesh, or any company
as defined in clause (20) of section 2 or any banking
company or any insurance company or any co-
operative bank or any non- Government organisation
registered with NGO Affairs Bureau, responsible for
making any payment on account of fees for professional
or technical services shall deduct or collect, at the time
of credit of such fees to the account of the payee or at
the time of payment thereof in cash or by issue of a
cheque or draft or by any other mode, whichever is
earlier, as advance payment of tax at the rate of 271[ ten
per cent] of such fees:

Provided that where the Board, on an application made

in this behalf, gives a certificate in writing that the person
rendering professional or technical services is not likely to
have any assessable income during the year or the
income is otherwise exempted from tax under any
provision of this Ordinance, payment referred to in this
section shall be made without any deduction until the
certificate is cancelled.

Page 109 of 277

 Explanation.- For the purposes of this section-

(a) “professional services” means services rendered by a

person in the course of carrying on legal, engineering or
architectural profession or the profession of
accountancy or technical consultancy or interior
decoration or advertising but does not include services
rendered by doctors;

(b) “fees for technical services” shall have the same

meaning as in clause (31) of section 2 but does not
include royalty, technical know-how fee.]

Deduction from 272[ 52AA. The Government or any other authority,

the payment of corporation or body, including its units, the activities of
certain services which are authorised by any Act, Ordinance, Order or
instrument having the force of law in Bangladesh or any
company as defined in clause (20) of section 2 of this
Ordinance or any banking company or any insurance
company or any co-operative bank or any non-
Government organisation registered with the NGO Affairs
Bureau, responsible for paying any commission to a 273[ *
* *] stevedoring agency or making any payment to a
private security service agency, shall deduct income tax
at the rate of 274[ seven and half percent] on the amount
so payable at the time of such payment.]

Collection of tax 275[52AAA. The Commissioner of Customs shall make

from clearing collection on account of commission receivable by
and forwarding clearing and forwarding agents licensed under Customs
agents Act, 1969 at the rate of 276[ seven and half percent] on
such commission at the time of clearance of goods
imported or exported.]

Page 110 of 277

Collection of tax 52B. Any person responsible for selling banderols to any
from Cigarette manufacturer of cigarettes shall, at the time of selling
manufacturers banderols, collect tax from such manufacturer on
account of the manufacture of cigarettes at the rate of
277[ six percent] of the value of the banderols.

Explanation.- For the purposes of this section,

“manufacture of cigarettes” means manufacture of
cigarettes manually without any mechanical aid
whatsoever.

Deduction at 52C. Any person responsible for paying any amount of

source from compensation against acquisition by the Government of
compensation any immovable property situated within the jurisdiction of
against any city corporation, paurashava or cantonment board
acquisition of shall, at the time of paying such compensation, deduct
property advance tax at the rate of six per cent of the amount of
such compensation.]

Deduction at 278[ 52D. Any person responsible for making any payment
source from by way of interest on any savings instruments shall, at the
interest on time of such payment, deduct income tax at the rate of
savings 279[ ten percent] on such interest: 280[ * * *]

instruments
281[Provided further that tax shall be deducted at the
rate of five percent on interest of any amount of the
savings instruments purchased before the first January,
2004:]

282[Provided that no tax shall be deducted under this

section if the total amount of interest does not exceed
one lakh and fifty thousand taka during the income year
and notwithstanding anything contained in section 82C,
any tax so deducted shall not be treated as final
discharge of tax liability under this Ordinance:]

Page 111 of 277

 Provided further that no tax shall be deducted under this
section where the savings instrument is purchased by an
approved superannuation fund or pension fund or
gratuity fund or a recognised 283[ provident fund or a
workers' profit participation fund].

284[ Omitted] 52E. 285[ Collection of tax on account of bonus- Omitted

by section 53 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন).]

Collection of tax 286[52F. Any person responsible for issuing any permission
from brick or renewal of permission for the manufacture of bricks
manufacturers shall, at the time of issuing such permission or renewal of
permission, collect tax from such manufacturer at the
time of issuance of such permission or renewal at the
following rates:

(a) 287[ taka ten thousand] for one section brick field;

(b) 288[ taka twelve thousand] for one and half section
brick field;

(c) 289[ taka eighteen thousand] for two section brick

field:

Explanation:- For the purpose of this section, the word

“section” shall have the same meaning as defined in েমৗসুমী
iটভাটা মূলয্ সংেযাজন কর িবিধমালা, 2004.]

290[ Omitted] 52G. [Deduction from fees for services rendered by

doctors.- Omitted by section 25 of aর্থ আiন, 2004 (2004 সেনর 16
নং আiন)

Page 112 of 277

291[ Omitted] 52H. [Collection of tax from persons engaged in the real
estate business.- Omitted by section 64 of aর্থ আiন, 2000 (2000
সেনর 15 নং আiন)

Deduction from 52I. Any person responsible for opening letter of credit for
the commission the purpose of import of goods for himself or for any
of letter of credit other person shall, at the time of collecting commission
with respect to letter of credit, deduct income tax at the
rate of five per cent on the amount of such commission.]

292[ Omitted] 52J. Collection of tax from travel agent- [Omitted by

section 54 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন).]

Collection of tax 293[

52K. City Corporation or Pourashava at the time of
by City renewal of trade licence shall collect tax at the rate of
Corporation or taka five hundred for each trade licence.]
Pourashava at
the time of
renewal of trade
licence

Collection of tax 294[

52L. Any person responsible for making any payment
on account of by way of trustee fees, at the time of making such
trustee fees payment, shall deduct tax at the rate of ten percent of

Page 113 of 277

 the said amount.]

Collection of tax 295[52M. Any person responsible for making any payment
from freight by way of freight forward agency commission, at the
forward agency time of making such payment, shall deduct tax at the
commission rate of seven and half percent of the said amount.]

Collection of tax 296[52N. Notwithstanding anything contained in this

on account of Ordinance, Bangladesh Power Development Board, at
rental power the time of payment to any rental power company on
account of purchase of rental power from that
company, shall collect, deduct or pay tax on the said
payment, for a term not exceeding three years from the
date of its operation in Bangladesh, at the rate of four
percent which shall be treated as final discharge of tax
liability of the rental power company regarding the sale
of such rental Power.]

Collection of tax 53. 297[ (1) 298[ The Commissioner of Customs] shall make
from importers collection of tax payable by the importers on account of
and exporters import of goods and the bank through which the
exporters receive payment shall make collection of tax
payable by the exporters on account of export of
goods.]

(2) The Board shall, for the purpose of collection of tax

under sub-section (1),-

(a) specify the importers and exporters from whom

collection, are to be made; and

(b) prescribe the method and rate of calculation of the

amount to be collected and the manner of collection.

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 (3) Any amount collected under sub-section (1) shall be
deemed to be an advance payment of tax by the
importer or exporter concerned and shall be given credit
for, in the assessment of his tax.

Deduction at 299[53A. 300[ (1) Where the Government or any authority,

source from corporation or body, including its units, the activities or
income from the principal activities of which are authorised by any
house property Act, Ordinance, Order or instrument having the force of
law in Bangladesh or 301[ any company as defined in
clause (20) of section 2], or any banking company or any
co-operative bank established by or under any law for
the time being in force or any non-Governmental
organisation run or supported by any foreign 302[
donation or assistance or any university or medical
college or dental college or engineering college] is a
tenant in respect of a house property, the tenant shall
deduct from the house rent paid or payable as advance
tax such amount as may be prescribed.]

303[Explanation.- For the purpose of this section, “house

rent” means any payment, by whatever name called,
under any lease, tenancy or any other agreement or
arrangement for the use of any building including any
furniture, fittings and the land appurtenant thereto.]

(2) Where, after the assessment made for that relevant

year, it is found the no tax was payable by the owner of
the house property or the amount of tax deducted is in
excess of the amount payable, the amount deducted
shall be refunded,-

(a) if no tax was payable, in full, or

(b) if the amount deducted is in excess of the amount

payable, to the extent of the excess deduction to the
owner of the house property.

(3) Where the Deputy Commissioner of Taxes, on an

application made in this behalf, gives a certificate in the
prescribed form to an owner of house property that, to
the best of his belief, the owner is not likely to have any

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 assessable income during the year or the income is
otherwise exempted from payment of income tax under
any provisions of this Ordinance, payment referred to in
sub-section (1) shall be made without any deduction
until the certificate is cancelled.

Deduction of tax 304[

53DD. Any person responsbile for paying any amount
at source from on account of export cash subsidy to an exporter for
export cash promotion of export shall deduct or collect tax in
subsidy advance at the rate of five per cent on the amount so
payable.]

Deduction or 306[53E. Any person, being a corporation, body or

collection at authority established by or under any law including any
source from 305[ company or enterprise owned, controlled or managed
commission, by it, or a company registered under the Companies
discount or fees] Act, 1913 (VII of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)
which makes any payment to any distributor or to any
other persons by way of commission or fees 307[ or allows
any discount] for distribution or marketing of goods
manufactured by it shall deduct or collect at the time of
credit of such commission or fees or at the time of
payment thereof, whichever is earlier, 308[ or at the time
of allowing discount] as advance tax an amount at the
rate of 309[ 310[ seven and half percent] of commission or
fees payable or discount allowed.]

Deduction of tax 311[53EE. Where, in accordance with the terms of the

from letter of credit or under any other instruction, a bank,
commission or through which an exporter receives payment for export
remuneration of goods, pays any amount out of the export proceeds
paid to agent of to the credit of any person being an agent or a
foreign buyer representative of the foreign buyer, as commission,

Page 116 of 277

 charges or remuneration by whatever name it may be
called, the bank shall deduct or collect tax in advance
at the rate of 312[ four percent] on the commission,
charges or remuneration so paid at the time of such
payment.

Deduction at 313[53F. Any person responsible for paying to a resident

source from any sum by way of interest on any saving deposit or fixed
interest on deposit or any term deposit maintained with any
saving deposits scheduled bank including a co-operative bank or by
and fixed way of share of profit on term deposits maintained with
deposits, etc any bank 314[ run on Islamic principles or non-banking
financial institution or any leasing company or housing
finance company or Post office], as the case may be,
shall deduct, at the time of credit of such interest or
share of profit to the account of the payee or at the time
of payment thereof, whichever is earlier, income tax on
such sum at the rate of ten per cent:

Provided that nothing contained in this section shall

apply to such payee or class of payees as the Board
may, by a general or special order, specify in this behalf.
315[ :

Provided further that no tax shall be deducted on the

amount of interest or share of profit arising out of any
deposit pension scheme sponsored by the Government
or by a Scheduled Bank with prior approval of the
Government.]

Collection of tax 316[

53FF. Any person responsible for registering any
from persons document for transfer of any land or building or
engaged in real apartment, under the provision of Registration Act 1908
estate or land (XVI of 1908), shall not register the document unless tax is
development paid at the following rate by the transferrer who is
business engaged in real estate or land development business,-

(a) in case of building or apartment at the rate of 317[

Page 117 of 277

 taka two hundred and fifty] per square metre;

(b) in case of land at the rate of 318[ five percent] of the

deed value.

Deduction at 53G. Any person responsible for paying to a resident any

source from sum by way of remuneration or reward, whether by way
insurance of commission or otherwise, for soliciting or procuring
commission insurance business including business relating to the
continuance, renewal or revival of policies of insurance
shall, at the time of credit of such sum to the account of
the payee or at the time of payment thereof in cash or
by issue of a cheque or draft or by any other mode,
whichever is earlier, deduct income tax on such sum at
the rate of 319[ three percent] 320[ .

***]

Provided that no tax shall be deducted under this

section if total amount of insurance commission during
the income year does not exceed 321[ forty thousand
taka].]

Deduction at 53GG. A person responsible for paying to a resident any

source from sum by way of remuneration or fees for conducting any
fees, etc of survey regarding settlement of claim of an insurance
Surveyors of shall, at the time of payment, deduct income-tax on
general such sum at the rate 322[ seven and half percent]
insurance
company

323[ Omitted] 324[ ***]

Page 118 of 277

Collection of tax 325[53H. 326[ (1) Any person responsible for registering any
on transfer, etc document of a person under the provisions of clauses
of property (b), (c) or (e) of sub-section (1) of section 17 of the
Registration Act,1908 (XVI of 1908), shall collect from the
person whose right, title or interest is sought to be
transferred, assigned, limited or extinguished thereby, at
the time of registration of such document, income tax at
such rate and in such manner as may be prescribed on
the value of the property to which the document relates
and on which stamp-duty is chargeable under the
Stamp Act, 1899 (II of 1899).]

(2) Nothing in this section shall apply to a document

relating to:

327[
(a) sale by a bank or any financial institution as a
mortgagee empowered to sell;]

(b) mortgage of any property to the Bangladesh House

Building Finance Corporation established under the
Bangladesh House Building Finance Corporation Order,
1973 (P.O. No. 7 of 1973), against loan;

(c) mortgage to any bank of any property 328[ * * *];

(d) transfer of any agricultural land in Bangladesh, not

being land situate in any area mentioned in paragraph
(i) or (ii) of sub-clause (c) of clause (15) of section 2;

(e) transfer of any non-agricultural land valued at a sum

not exceeding one lakh taka, situated outside the
jurisdiction of any city corporation, paurashava or
cantonment board 329[ ;

330[ * * *]]

331[
Explanation.-In this sub-section, “financial institution”
shall mean the Bangladesh House Building Finance
Corporation, the Bangladesh Shilpa Bank and the
Bangladesh Shilpa Rin Sangshta.]]

Page 119 of 277

Deduction at 332[
53I.Any person responsible for paying any amount on
source from account of interest of Post Office Savings Bank Account
interest on shall deduct, at the time of credit to the account of the
deposit of Post payee or at the time of payment thereof, whichever is
Office Savings earlier, tax on such amount at the rate of ten percent:
Bank Account
Provided that no tax shall be deducted at source under
this section if total amount of interest does not exceed
one lakh fifty thousand taka during the year:

Provided further that nothing contained in this section

shall apply to such payee or class of payees as the
Board may, by a general or special order, specify in this
behalf.]

Collection of tax 53AA. Commissioner of Customs or any other authority,

from shipping duly authorised in this behalf, shall not grant port
business of a clearance to a ship owned or chartered by a resident
resident assessee unless tax at the rate of 333[ five percent] of total
freight received or receivable in or out of Bangladesh
has been paid for carriage of passengers, livestock, mail
or goods, shipped at any port of Bangladesh.

Deduction at 334[53J. The Government or any authority, corporation or

source from body, including its units, the activities or the principal
rental value of activities of which are authorised by any Act, Ordinance,
vacant land or Order or Instrument having the force of law in
plant or Bangladesh or any company as defined in clause (20) of
machinery section (2) or any banking company or any insurance
company or any co-operative bank established by or
under any law for the time being in force or any non-
government organization registered with NGO Affairs
Bureau or any university or medical college or dental
college or engineering college responsible for making

Page 120 of 277

 any payment on account of rental value of vacant land
or plant and/or machinery, shall deduct tax in advance
at the time of such payment at the rate prescribed by
the Board.]

Deduction of tax 335[53K.The Government or any authority, corporation or

from advertising body, including its units, the activities or the principal
bill of activities of which are authorised by any Act, Ordinance,
newspaper or Order or any other Instrument having the force of law in
magazine or Bangladesh or any company as defined in clause (20) of
private section (2) or any banking company or any insurance
television company or any co-operative bank established by or
channel under any law for the time being in force or any non-
government organization registered with NGO Affairs
Bureau or any university or medical college or dental
college or engineering college responsible for making
any payment to newspaper or magazine or private
television channel on account of advertisement, shall
deduct tax in advance at the time of such payment at
the rate of three percent.]

Deduction of tax 53B. The Director General, Bureau of Manpower,

from income Employment and Training shall, before giving clearance
derived on for export of any manpower, collect from the exporter
account of concerned as advance tax on income on account of
export of such export 336[ at such percentage] of the service
manpower charge or fees mentioned in clause (n) and clause (r),
respectively, of section 19(2) of the Emigration
Ordinance, 1982 (XXIX of 1982), as may be prescribed.

Collection of tax 337[

53BB. The bank, through which export proceeds of an
from export of exporter of knit wear and woven garments is received,
knit-wear and shall deduct tax at the rate of zero point two five per

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woven garments cent (0.25%) of the total export proceeds at the time of
crediting the proceeds to the account of the exporter:

Provided that where the Board, on an application made

in this behalf, gives a certificate in writing that the
income of the exporter is partly or fully exempted from
tax under any provision of the Ordinance, credit to the
account of the assessee shall be made without any
deduction of tax or deduction of tax at a rate less than
the rate specified in this section for the period mentioned
in that certificate.]

Collection of tax 338[

53BBB. The Chief Executive Officer of a stock
from Member of exchange shall collect tax at the rate of zero point zero
Stock one five per cent (0.015%) on the value of shares,
Exchanges debentures, mutual funds, bonds or securities transacted
by a member of a stock exchange at the time of
payment for such transaction.]

Collection of tax 339[

53BBBB.The bank, through which export proceeds of
from export of an exporter of any goods except knit wear and woven
any goods garments is received, shall deduct tax at the rate of zero
except knit- point two five percent (0.25%) of the total export
wear land proceeds at the time of crediting the proceeds to the
woven garments account of the exporter, 340[ which shall be deemed to
be an advance payment of tax by the exporter and
shall be given credit for in the assessment of his tax]:

Provided that where the Board, on an application made

in this behalf, gives a certificate in writing that the
income of the exporter is partly or fully exempted from
tax under any provision of the Ordinance, credit to the
account of the assessee shall be made without any
deduction of tax or deduction of tax at a rate less than
the rate specified in this section for the period mentioned
in that certificate.]

Page 122 of 277

Collection of tax 53C. Any person making sale, by 341[ public auction
on sale price of through sealed tender or otherwise], of any goods or
goods or property belonging to the Government or any authority,
property sold by corporation or body, including its units, the activities or
public auction the principal activities of which are authorised by any
Act, Ordinance, order or instrument having the force of
law in Bangladesh or any company, other than a private
limited company, as defined in 342[ the Companies Act,
1913 (VII of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18নং আiন)] or
any banking company, or any insurance company or
any co-operative bank established by or under any law
for the time being in force shall collect, before delivering
the possession of the goods or the property, as advance
tax on the income from the sale price of such goods or
property from the auction purchaser at such rate, not
exceeding seven and a half per cent of the sale price,
as may be prescribed.

Explanation.-For the purposes of this section, sale of any

goods or property includes the awarding of any lease to
any person, including a lease of the right to collect octroi
duties, tolls, fees or other levies, by whatever name
called, but does not include sale of a plot of land.

Deduction or 343[53CC. Any person being a company registered

collection of tax under the Companies Act, 1913 (VII of 1913) or েকাmানী আiন,
at source from 1994 (1994 সেনর 18নং আiন) working as local agent of a non-
courier business resident courier company shall deduct or collect tax in
of a non- advance at the rate of 344[ seven and half percent] on
resident the amount of service charge accrued from the
shipment of goods, documents, parcels or any other
things outside Bangladesh.]

Page 123 of 277

Deduction from 53D. Where any payment is to be made, in full or in part
payment to or by way of advance, by a person producing a film, on
actors and account of acting in any film by a film actor or actress
actresses and such payment exceed or is likely to exceed thirty six
thousand taka in the aggregate in any income year, the
person producing the film shall deduct, before making
such payment, tax on the income from acting in such
film at such rate, not exceeding seven and a half per
cent of such payment, as may be prescribed.]

Deduction of tax 345[54. (1) The principal officer of a company registered

from dividends in Bangladesh, or of any other company shall, subject to
the provisions of sub-section (2), at the time of paying
any dividend to a shareholder, deduct tax on the
amount of such dividend, in the case of-

346[ a non-resident other than non-resident Bangladeshi],-

(i) if the shareholder is a company, at the rate

applicable to a company;

(ii) if the shareholder is a person other than a company,

at the maximum rate;

347[ a resident or a non-resident Bangladeshi],-

(i) if the shareholder is a company, at the rate

applicable to a company;

(ii) if the shareholder is a person other than a company,

at the rate of ten per cent.

348[(2) Where, the Deputy Commissioner of Taxes, on an

application made in this behalf, issues a certificate to a
non-resident share-holder, not being a company, is liable
to tax at the rate less than the maximum rate, the
payment of the dividend to the non resident share-
holder shall be made without any deduction of tax or at
a rate less than the maximum rate specified in sub-

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 section (1), as the case may be.]

349[ * * *]

Deduction from 55. The person responsible for paying any amount on
income from account of winnings referred to in section 19(13) shall, at
lottery, etc the time of making such payment, deduct tax 350[
payable on the amount at the rate of twenty per cent].

Explanation.-For the purpose of this section, the

expression “any amount” means the value of any goods
or assets where the payment on account of such
winnings is made not in the form of cash but in the from
of goods or other assets.

Deduction from 56. (1) Subjects to the provisions of sub-section (2), any
income of non- person responsible for making payment to a non-resident
residents of any amount which constitutes income of such non-
resident chargeable to tax under this Ordinance shall,
unless such person is himself liable to pay tax thereon as
agent, at the time of making such payment, deduct tax
on the amount so payable- (a) where the payee is a
company, at the rate applicable to a company,

351[
(b) where the payee is a person other than a
company and not being a non-resident Bangladeshi, at
the maximum rate]

352[
(c) where the payee is a non-resident Bangladeshi, at
the rate applicable for a resident.]

(2) Where 353[ the National Board of Revenue], on an

application made in this behalf, gives a certificate that,
to the best of 354[ its belief], the non-resident will not be
liable to pay any tax under this Ordinance, or will be
liable to pay tax at a rate less than the maximum rate,
payment referred to in sub-section (1) shall be made
without any deduction, or, as the case may be, with

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 deduction at the lesser rate specified in the certificate.

Consequences 57. 355[ (1)] Where a person required by or under the

of failure to provisions of this Chapter to deduct, collect or pay to the
deduct, etc credit of the Government tax, and, in the cases
mentioned in section 54, the principal officer and the
company of which he is the principal officer, fails to so
deduct, collect or pay, or having deducted or collected,
fails to pay the tax in accordance with the provisions of
this Chapter, he or it shall-

(a) without prejudice to any other consequences to

which he or it may be liable, be deemed to be an
assessee in default in respect of the tax; and

(b) in addition to such tax, pay an amount at the rate of

two percent per month of such tax for the period
commencing on the date following the expiry of the
time within which it is to be paid under section 59 and
ending on the date of the actual payment of the tax.

356[(2) Where the Deputy Commissioner of Taxes in the

course of any proceedings under this Ordinance finds
any person, required by or under the provisions of this
chapter to deduct, collect or pay to the credit of the
Government tax, has failed to deduct, collect or pay the
tax in accordance with the provisions of this chapter,
shall, notwithstanding the provisions of section 137, take
necessary action for realisation of such tax alongwith the
additional amount payable under clause (b) of sub-
section (1) from the person deemed to be an assesssee
in default under clause (a) of that sub-section.]

Certificate of 58. Every person who deducts or collects tax as required

deduction, etc, by the provisions of this Chapter shall, at the time of
of tax making any payment in relation to which tax has been
deducted or collected, furnish to the person to or from
whom such payment or collection has been made, a

Page 126 of 277

 certificate to the effect that the tax has been deducted
or collected specifying therein-

(a) the amount deducted or collected;

(b) the rate at which deduction or collection has been

made; and

(c) such other particulars as may be prescribed.

Payment to 59. All sums deducted or collected as tax under the

Government of provisions of this Chapter shall be paid within the
tax deducted prescribed time by the person making the deduction or
collection to the credit of the Government or as the
Board may direct.

Unauthorised 60. Save as provided in this Ordinance, no person shall

deduction charge, withhold, deduct or collect any sum, directly or
prohibited indirectly, as tax and, where any sum is so charged,
withheld, deducted or collected, it shall be paid in the
manner provided in section 59.

Power to levy 61. The power to levy tax by deduction or collection

tax without under this Chapter shall be without prejudice to any
prejudice to other mode of recovery.
other mode of
recovery

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Credit of tax 62. Any deduction or collection of tax made and paid to
deducted or the account of the Government in accordance with the
collected at provisions of this Chapter shall be treated as a payment
source of tax on behalf of the person from whose income the
deduction or collection was made, or of the owner of
the security or of the shareholder, as the case may be,
and credit shall be given to him therefore on the
production of the certificate furnished under section 58
in the assessment, if any, made for the following year
under this Ordinance:

Provided that, if such person or such owner obtains, in

accordance with the provisions of this Ordinance, a
refund of any portion of the tax so deducted, no credit
shall be given for the amount of such refund:

Provided further that where such person or owner is a

person whose income is included under the provisions of
sections 43(4) or (5) or section 104 or 105 or 106 in the
total income of another person, such other person shall
be deemed to be the person or owner on whose behalf
payment has been made and to whom credit shall be
given in the assessment for the following year.

357[ * * *]

Payment of tax 63. The tax under this Ordinance shall be payable by the
where no assessee direct-
deduction is
made

(a) in any case where tax has not been deducted or

collected as required by, and in accordance with, the
provisions of this Chapter;

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 (b) in any case where the amount deducted or
collected is found, after regular assessment, to be less
than the tax due from the assessee, to the extent of
deficiency; and

(c) in the case of income in respect of which no provision

has been made for deduction or collection of tax under
the provisions of this Chapter.

Advance 64. (1) Except as provided in sub-section (2), tax shall be

payment of tax payable by an assessee during each financial year by
way of advance payment of tax, hereinafter referred to
as “advance tax”, in accordance with the provisions
hereafter made in this Chapter if the total income of the
assessee for the latest income year in respect of which
he has been assessed by way of regular assessment or
has been provisionally assessed under this Ordinance or
the Income-tax Act, 1922 (XI of 1922), exceeds 358[ three
lakh taka].

(2) Nothing in sub-section (1) shall apply to any income

classifiable under the heads “Agricultural income” and
“Capital gains”. 359[

Computation of 65. (1) The amount of advance tax payable by an

advance tax assessee in a financial year shall be the amount equal to
the tax payable on his total income of the latest income
year as assessed on regular basis or provisionally, as the
case may be, as reduced by the amount of tax required
to be deducted or collected at source in accordance
with the preceding provisions of this Chapter.

(2) The tax payable under sub-section (1) shall be

calculated at the rates in force in respect of the financial

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 year referred to therein.

Instalments of 66. Advance tax shall be payable in four equal

advance tax instalments on the fifteenth day of September,
December, March and June of the financial year for
which the tax is payable 360[ :

Provided that, if before the fifteenth day of May of the

year, an assessment of the assessee is completed in
respect of an income year, later than that on the basis of
which the tax was computed under section 65, the
assessee shall pay in one instalment on the specified
date or in equal instalments on the specified dates, if
more than one falling after the date of the said
assessment, the tax computed on the revised basis as
reduced by the amount, if any, paid in accordance with
the original computation.]

Estimate of 67. (1) Where, an assessee who is required to pay

advance tax advance tax under section 64 estimates, at any time
before the last instalment is due, that the tax payable by
him for the relevant assessment year is likely to be less
than the amount of tax as computed under section 65,
he may, after giving to the Deputy Commissioner of
Taxes an estimate of the tax payable by him, pay such
estimated amount of advance tax, as reduced by the
amount, if any, already paid, in equal instalments on the
due dates of payment under section 66.

(2) The assessee may furnish a revised estimate of such

amount at any time before any of such instalments
become payable and may thereby adjust any excess or
deficiency, by reference to the amount already paid by
him under this section, in any subsequent instalment or

Page 130 of 277

 instalments payable in such financial year.

Advance 68. Any person who has not previously been assessed by
payment of tax way of regular assessment under this Ordinance or the
by new Income-tax Act, 1922 (XI of 1922), shall before the
assessees fifteenth day of June in each financial year, if his total
income, subject to section 64(2), of the period which
would be the income year for the immediately following
assessment year is likely to exceed 361[ three lakh taka],
send to the Deputy Commissioner of Taxes an estimate
of his total income and advance tax payable by him
calculated in the manner laid down in section 65 and
shall pay such amount on such dates specified in section
66 as have not expired by instalments which may be
revised according to section 67(2).

Failure to pay 69. Where, an assessee who is required to pay advance

instalments of tax fails, to pay any instalment of such tax, as originally
advance tax computed or as the case may be, estimated, on the due
date, he shall be deemed to be an assessee in default in
respect of such instalment.

Levy of interest 70. Where, in respect of an assessee who is required to

for failure to pay pay advance tax, it is found in the course of regular
advance tax assessment that advance tax has not been paid in
accordance with the provisions of this Chapter, there
shall be added, without prejudice to the consequences
of the assessee being in default under section 69, to the
tax as determined on the basis of such assessment,
simple interest thereon calculated at the rate and for the
period specified in section 73.

Page 131 of 277

Credit of 71. Any sum, other than a penalty or interest, paid by or
advance tax recovered from an assessee as advance tax, shall be
treated as a payment of tax in respect of the income of
the period which would be the income year for an
assessment for the year next following the year in which it
was payable and shall be given credit for in the
assessment of tax payable by the assessee.

Interest payable 72. (1) The Government shall pay simple interest at 362[
by Government ten per cent] per annum on the amount by which the
on excess aggregate sum of advance tax paid during a financial
payment of year exceeds the amount of tax payable by him as
advance tax determined on regular assessment.

(2) The period for which interest under sub-section (1)

shall be payable shall be the period from the 363[ first day
of July of the year of assessment] to the date of regular
assessment in respect of the income of that year or a
period of two years from the said 364[ first day of July],
whichever is shorter.

Interest payable 73. (1) Where, in any financial year, an assessee has paid
by the assessee advance tax on the basis of his own estimate and the
on deficiency in advance tax so paid together with the tax deducted at
payment of source, if any, under this Chapter is less than seventy-five
advance tax per cent of the amount of tax payable by him as
determined on regular assessment, the assessee shall
pay, in addition to the balance of tax payable by him,
simple interest at 365[ ten per cent] per annum on the
amount by which the tax so paid and deducted falls
short of the 366[ seventy-five per cent of the assessed tax.]

Page 132 of 277

 (2) The period for which interest under sub-section (1)
shall be payable shall be the period from the 367[ first day
of July] of the year in which the advance tax was paid to
the date of regular assessment in respect of the income
of that year or a period of two years from the said 368[ first
day of July], whichever is shorter.

(3) Notwithstanding anything contained in sub-sections

(1) and (2), where-

(a) tax is paid under section 74, or

(b) provisional assessment has been made under section

81 but regular assessment has not been made, the
simple interest shall be calculated in accordance with
the following provisions-

(i) up to the date on which tax under-section 74 or as

provisionally assessed, was paid;

(ii) thereafter, such simple interest shall be calculated on

the amount by which the tax as so paid falls short of the
said assessed tax.

(4) Where, as a result of appeal, revision or reference,

the amount on which interest was payable under sub-
section (1) has been reduced, the amount of interest
payable shall be reduced accordingly and the excess
interest paid, if any, shall be refunded together with the
amount of tax that is refundable.

Payment of tax 74. (1) Every person who is required to file a return under
on the basis of section 75 shall, on or before the date on which he files
return the return, pay the amount of tax payable by him on the
basis of such return 369[ ***] as reduced by the amount of
any tax deducted from his income or paid by him in
accordance with the provisions of this Chapter.

(2) Any amount paid under sub-section (1) shall be

deemed to have been paid towards the sum as may be
determined to be payable by him after regular

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 assessment.

(3) A person who, without reasonable cause, fails to pay

the tax as required by sub-section (1) shall be deemed to
be an assessee in default.

CHAPTER VIII

RETURN AND STATEMENT

Return of 75. (1) Save as provided in section 76, every person shall
income file or cause to be filed, with the Deputy Commissioner of
Taxes, a return of his income or the income of any other
person in respect of which he is assessable to tax under
this Ordinance,-

(a) if his total income during the income year exceeded

the maximum amount which is not chargeable to tax
under this Ordinance, or (b) if he was assessed to tax for
any one of the 370[ three years] immediately preceding
that income year 371[ :

Provided that any non-resident Bangladeshi may file his

return of income along with bank draft equivalent to the
tax liability, if any, on the basis of such return, to his
nearest Bangladesh mission and the mission will issue a
receipt of such return with official seal and send the
return to the Board.] 372[ (1A) Where a person is not
required to file a return of income under sub-section (1),
he shall file a return of his income during the income
year, on or before the date specified in clause (c) of sub-
section (2), if he-

(a) resides within the limits of a city corporation or a

paurashava or a divisional headquarters or district
headquarters and who at any time during the relevant
income year fulfils any of the following conditions,
namely:-

(i) owns a building which consists of more than one

storey and the plinth area of which exceeds one
thousand six hundred square feet;

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(ii) owns a motor car;

(iii) subscribes a telephone;

373[ (iv) owns a membership of a club registered under মূলয্

সংেযাজন কর আiন, 1991 (1991 সেনর 22 নং আiন);]

(b) runs any business or profession having trade licence

from a city corporation, a paurashava or a union
parishad, and operates a bank account;

(c) has registered with a recognised professional body as

a doctor, dentist, lawyer, income-tax practitioner,
chartered accountant, cost and management
accountant, engineer, architect or surveyor or any other
similar profession;

(d) member of a chamber of commerce and industries

or a trade association;

(e) is a candidate for an office of any union parishad,

paurashava, city corporation, or a Member of
Parliament;

(f) participates in a tender floated by the Government,

semi- Government, autonomous body or a local
authority 374[ ;

(g) has a tax payer's identification number in

accordance with the provision of section 184A.]

Explanation.- In this sub-section, the term “motor car”

means a motor car as defined in clause (25) of section 2
of the Motor Vehicles Ordinance, 1983 (LV of 1983) and
includes a jeep and a micro-bus.]

375[ (1B) Notwithstanding anything contained in sub-

section (1) and (1A), every company shall file a return of
its income or the income of any other person for whom
the company is assessable, on or before the date
specified in clause (c) of sub-section (2).]

(2) The return under sub-section 376[ (1), (1A) and (1B)]
shall be-

(a) furnished in the prescribed form setting forth therein

such particulars and information as may be required

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thereby including the total income of the assessee;

(b) signed and verified-

(i) in the case of an individual, by the individual himself;

where the individual is absent from Bangladesh, by the
individual concerned or by some person duly authorised
by him in this behalf; and when the individual is mentally
incapacitated from attending to his affairs, by his
guardian or by any other person competent to act on his
behalf;

(ii) in the case of Hindu undivided family, by the Karta,

and, where the Karta is absent from Bangladesh or is
mentally incapacitated from attending to his affairs, by
any other adult member of such family;

(iii) in the case of a company or local authority, by the

principal officer thereof;

(iv) in the case of a firm, by any partner thereof, not

being a minor;

(v) in the case of any other association, by any member

of the association or the principal officer thereof; and

(vi) in the case of any other person, by that person or by

some person competent to act on his behalf;

(c) filed, unless the date is extended under sub-section

(3),-

(i) in the case of a company, by the fifteenth day of July

next following the income year or, where the fifteenth
day of July falls before the expiry of six months from the
end of the income year, before the expiry of such six
months; and

377[
(ii) in all other cases, by the thirtieth day of
September next following the income year:

Provided that an individual being Government official

engaged in higher education on deputation or
employed under lien outside Bangladesh shall file return
or returns for the period of such deputation or lien, at a
time, within three months from the date of his return to
Bangladesh; and]

Page 136 of 277

 378[ (d) accompanied by-

379[(i) in the case of an individual a statement in the

prescribed form and verified in the prescribed manner
giving particulars of his personal and family expenditure
to be called life style;]

(ii) in the case of an individual 380[ * * *], a statement in

the prescribed form and verified in the prescribed
manner giving particulars specified in section 80 in
respect of himself, his spouse, his minor children and
dependants;

(iii) in the case of a company, a statement of accounts

audited by a chartered accountant;]

(3) The last date for the submission of return as specified

in sub-section (2) may be extended by the Deputy
Commissioner of Taxes in respect of any person or class
of persons:

381[Provided that the Deputy Commissioner of Taxes may

extend the date up to three months from the date so
specified and he may further extend the date up to
three months with the approval of the Inspecting Joint
Commissioner 382[ :

Provided further that the Deputy Commissioner of Taxes

shall not extend the date of submission of return in
respect of Universal Self Assessment under section 82BB.]

Certificate in 76. Where the entire total income of an assessee during

place of return the income year consisted of income classifiable under
the head “Salaries” or any other income from which the
full amount of tax payable by him has been deducted,
such assessee may, instead of filing a return under
section 75, file a certificate in such form as may be
prescribed accompanied, where applicable, by a
statement referred to in section 75(2)(d); and the
certificate and statement so filed shall be deemed for all
purposes of this Ordinance to be a return and statement
filed under that section.

Page 137 of 277

Notice of filing 77. 383[ (1) The Deputy Commissioner of Taxes may, at any
return time after expiry of the date specified in section 75, by a
notice in writing, require –

(a) any person, other than a company, to file a return of

his total income as provided in that section if, in the
opinion of the Deputy Commissioner of Taxes the total
income of such person was, during the income year, of
such amount as to render liable to tax;

(b) any company to file a return of its total income, if it is

not filed.]

(2) The return under sub-section (1) shall be filed within

such period, not being less than 384[ twenty-one days], as
may be specified in the notice or which such extended
period as the Deputy Commissioner of Taxes may allow.

Filing of revised 78. Any person who has not filed a return as required by
return section 75 or 77 or who, having filed return, discovers any
omission or incorrect statement therein, may, without
prejudice to any liability which he may have incurred on
this account, file a return or a revised return, as the case
may be, at any time before the assessment is made.

Production of 79. The Deputy Commissioner of Taxes may, by notice in

accounts and writing, require an assessee who has filed a return under

Page 138 of 277

documents section 75, or to whom a notice has been issued under
section 77, to produce or cause to be produced 385[ such
accounts, statements and documents] on such date as
may be specified in the notice, such accounts,
statements and documents including those relating to
any period, not being earlier than three years prior to the
income year, as he may consider necessary for the
purpose of making an assessment under this Ordinance.

386[Statements 80. (1) The Deputy Commissioner of Taxes may, by notice

of assets, in writing, require an assessee to file by the date
liabilities and life specified in the notice 387[ statements] giving particulars
style] in respect of the following unless they have already been
given in or with return filed under section 75, 77 or 78, or
with a certificate filed under section 76, namely:-

(a) the total assets, liabilities and expenses of the

assessee as on the date or dates specified in the notice;

(b) the total assets, liabilities and expenses of the spouse,

minor children and dependents of the assessee as on the
date or dates so specified; and

(c) any assets transferred by the assessee to any person

during the period or periods so specified, and the
consideration therefore 388[ ;

(d) particulars of life style of the assessee.]

(2) The 389[ statements] to be filed under sub-section (1)

shall be prepared in such form and verified in such
manner as may be prescribed.

CHAPTER IX

ASSESSMENT

Provisional 81. (1) The Deputy Commissioner of Taxes may, at any

assessment time after the first day of July of the year for which the
assessment is to be made, proceed to make, in a

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summary manner, a provisional assessment of the tax
payable by the assessee on the basis of the return and
the accounts and documents, if any, accompanying it
and where no return has been filed, on the basis of the
last assessment including an assessment under this
section.

(2) In making a provisional assessment under this section,

the Deputy Commissioner of Taxes shall-

(a) rectify any arithmetical errors in the return, accounts

and documents;

(b) allow, on the basis of the information available from

the return, accounts and documents, such allowances
as are admissible under the Third Schedule and any loss
carried forward under section 38 or 39 or 41.

(3) For the purposes of payment and recovery, the tax as

determined to be payable upon provisional assessment
shall have effect as if it were determined upon regular
assessment.

(4) The tax paid or deemed to have been paid under

Chapter VII, in respect of any income provisionally
assessed under sub-section (1), shall be deemed to have
been paid towards the provisional assessment.

(5) Any amount paid or deemed to have been paid

towards provisional assessment under this section shall be
deemed to have been paid towards regular assessment;
and the amount paid or deemed to have been paid
towards provisional assessment in excess of the amount
found payable after regular assessment shall be
refunded to the assessee.

(6) Nothing done or suffered by reason or in

consequence of any provisional assessment made under
this section shall prejudice to the determination on merit
of any issue which may arise in the course of regular
assessment.

(7) There shall be no right of appeal against a provisional

assessment under this section.

Page 140 of 277

Assessment on 390[82. Assessment on correct return.- Where a return or a
correct return revised return has been filed under Chapter VIII and the
Deputy Commissioner of Taxes is satisfied, without
requiring the presence of the assessee or the production
of any evidence, that the return is correct and
complete, he shall assess the total income of the
assessee and determine the tax payable by him on the
basis of such return and communicate the assessment
order to the assessee within thirty days next following:

Provided that-

(a) such return shall be filed on or before the date

specified in clause (c) of sub-section (2) of section 75;

(b) the amount of tax payable shall be paid on or before

the date on which the return is filed; and

(c) such return does not show any loss or lesser income
than the last assessed income, or assessment on the basis
of such return does not result in refund.] 391[

Assessment 392[82A. Where an assessee, other than a public

under simplified company as defined in the Companies Act, 1913 (VII of
procedure 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন), who has
previously been assessed for any assessment year ended
on or before the thirtieth day of June, 1995, files a return
showing income for the income year relevant to the
assessment year commencing on or after the first day of
July, 1995 and ending on or before the thirtieth day of
June, 1997 and the income shown in such return is higher
by not less than ten per cent over the last assessed
income and has also increased by at least a further sum
of ten per cent for each preceding assessment year in
respect of which the assessment is pending, the return
filed by the assessee shall be deemed to be correct and
complete and the Deputy Commissioner of Taxes shall
assess the total income of the assessee on the basis of
such return and determine the tax payable by him 393[ on
the basis of such assessment, and communicate the
assessment order to the assessee within thirty days next

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 following], provided-

(a) he has, at the time of filing such return made

payment of the tax on the basis of the return or taka
twelve hundred, whichever is higher, and the assessment
on the basis of such return shall not result in any refund;
and

394[
(b) the net accretion of his wealth, if he is not
required to submit statement of assets and liabilities
under section 75(2)(d), along with his disclosed family
expenses and taxes paid during the year, shall not
exceed the income disclosed for the year and the
income or receipt, if any, exempted from tax.]

82B 395[ Omitted] 396[ ***] 397[

Tax on income 398[82C. (1) Notwithstanding anything contained in this

of certain Ordinance or any other law for the time being in force,
persons where any amount referred to in sub-section (2) is
received by, or accrues or arises or is deemed to accrue
or arise to, a person, the whole of such amount shall be
deemed to be income of such person and tax thereon
shall be charged at the rates specified in this Ordinance
or the rules made thereunder.

(2) The amount referred to in sub-section (1) shall be the

following, namely:-

(a) the amount representing the payments on account

of supply of goods or execution of contract to which tax
is deductible under section 52;

(b) the amount of the value of the banderols computed

for the purpose of collection of tax on account of the
manufacture of cigarettes under section 52B;

(c) the amount as computed for the purpose of

Page 142 of 277

collection of tax under section 53 in respect of goods
imported, not being goods imported by an industrial
undertaking as raw materials for its own consumption;

(d) the amount of the value of the property as

mentioned in section 53H for the purpose of collection of
tax under that section; 399[ * * *]

400[ * * *]

401[ 402[ * * *]

(h) the amount on account of winnings referred to in

section 19 (13) on which tax is deductible under section
55;

(i) the amount of income derived on account of export

of manpower on which tax is deductible under section
53B;

(j) the amount of remuneration or reward, whether by

way of commission or otherwise payable to an insurance
agent on which tax is deductible under section 53G;

(k) the amount of income derived from the auction

purchase on which tax is collectible under section 53C;

(l) the amount representing the payment on account of

survey by surveyor of a general insurance company on
which tax is deductible under section 53GG;

403[(la) the amount representing the payment on

account of royalty, technical know-how fee for which
tax is deductible under section 52A(2);]

404[
(lb) commission from clearing and forwarding
agency business for which tax is deductible under
section 52AAA 405[ ;

(lc) the amount received or receivable from shipping

business of a resident on which tax is collectible under
section 53AA;

(ld) the amount received from persons engaged in real

estate or land development business on which tax is
collectible under section 53FF;

(le) the amount received on account of transaction by a

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member of a stock exchange for which tax is collectible
under section 53BBB 406[ ;

(lf) the amount received on account of courier business

of a non-resident under section 53CC;

(lg) the amount received on account of export cash

subsidy paid by the government for promotion of export
under section 53DD:]]

407[ * * *]

408[
Provided that provision of sub-section (1) shall not be
applicable in the case of-

(i) clause (a) of this sub-section with respect to a

contractor of an oil company or a sub-contractor to the
contractor of an oil company as referred to in rule 39 of
the Income-tax Rules, 1984;

(ii) clause (d) of this sub-section with respect to any

investment made under sub-section (10) of section 32;
and

409[ * * *]]]

(3) Nothing contained in this Ordinance shall be so

construed as to authorise any allowance or deduction
against the amount deemed to be income under sub-
section (1) or any refund of tax deducted or collected
under Chapter VII or set off any loss under any provision
of this Ordinance.

(4) Income referred to under sub-section (1) in respect of

which tax has been deducted or collected on account
of supply of goods or execution of contract under
section 52, manufacture of cigarettes under section 52B,
import of goods under section 53, value of property for
the purpose of collection of tax under section 53H 410[ ,
interest on savings instruments under section 52D 411[ , 412[
* * *] winnings under section 55, export of manpower
under section 53B, remuneration or reward under section
53G, auction purchase under section 53C, payment on
account of survey under section 53GG 413[ payment on
account of royalty or technical know-how fee under
section 52A(2), commission from 414[ clearing and
forwarding under section 52AAA, freight earning from
shipping business of a resident under section 53AA,

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 transfer of property by real estate or land developer
under section 53FF, transaction by a member of any
stock exchange under section 53BBB] 415[ , courier
business of non-resident under section 53CC, export cash
subsidy under section 53DD] 416[ * * *]] shall be deemed
to be the final discharge of tax liability under this
Ordinance.

(5) Where an assessee, while explaining the nature and

source of any sum investment, money, valuable article,
excess amount or expenditure, referred to in section 19,
takes into account any source of income which is
subject, to tax in accordance with the provisions of this
section, he shall not be entitled to take credit of any sum
as is in excess of any amount which, if taxed at a rate or
rates, other than the rate applicable to income
chargeable to tax under this section, would have
resulted in tax liability equal to the tax payable in respect
of income under this section.

(6) For the purpose of determining the share of a partner

of a firm out of such income of the firm as is determined
under this section, the said income of the firm shall be
taken to be an amount which, if taxed at the rate or
rates, other than the rate applicable to income
chargeable to tax under this section, would have
resulted in tax liability equal to the tax payable in respect
of income under this section.]

Spot assessment 417[

82D. Notwithstanding anything contained in this
Ordinance, where an assessee, not being a company,
who has not previously been assessed under this
Ordinance, carrying on any business or profession in any
shopping centre or commercial market or having a small
establishment, the Deputy Commissioner of Taxes may fix
the tax payable by him in such manner and at such rate
as may be prescribed and the receipt obtained for
payment of such tax shall be deemed to be an order of
assessment under section 82.]

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Universal Self 418[82BB. (1) Where an assessee furnishes a correct and
Assessment complete return of income 419[ ***] the Deputy
Commissioner of Taxes shall received such return himself
or cause to be received by any other official authorized
by him and issue a receipt of such return and the said
receipt shall be deemed to be an order of assessment
for the assessment year for which the return is filed.

(2) A return shall be taken to be complete if it is filed in

accordance with the provisions of sub-section (2) of
section 75 and tax has been paid in accordance with
section 74 .

(3) Notwithstanding anything contained in sub-section

(1) and section 93, the Board or any authority
subordinate to the Board, if so authorized by the Board in
this bahalf, may select, in the manner to be determined
by the Board, [a number of these returns filed under sub-
section (1)] and refer the returns so selected to the
Deputy Commissioner of Taxes for the purpose audit and
the Deputy Commissioner of Taxes shall thereupon
proceed, if so required, to make the assessment under
section 83 or section 84 as the case may be.]

Assessment after 420[83. (1) Where a return or revised return has been filed
hearing under Chapter VIII and the Deputy Commissioner of
Taxes is not satisfied without requiring the presence of the
person who filed the return or the production of
evidence that the return is correct and complete, he
shall serve on such person a notice requiring him, on a
date to be therein specified, to appear before the
Deputy Commissioner of Taxes, or to produce or cause
to be produced before him or at his office, any evidence
in support of the return.

(2) The Deputy Commissioner of Taxes shall, after hearing

the person appearing, or considering the evidence
produced in pursuance of the notice under sub-section
(1) and also considering such other evidence, if any, as

Page 146 of 277

 he may require on specified points, by an order in writing
assess, within thirty days after the completion of the
hearing or consideration, as the case may be, the total
income of the assessee and determine the sum payable
by him on the basis of such assessment, and
communicate the order to the assessee within thirty days
next following.]

83A 421[ Omitted] 422[ ***] 423[

83AA 424[ 425[ ***] 426[

Omitted]

Assessment on 427[83AAA. (1) Where a return or revised return is filed

the basis of under Chapter VIII by an assessee being a company
report of a and the Board has reasonable cause to believe that the
chartered return or revised return is incorrect or incomplete, the
accountant Board may appoint a registered chartered accountant
to examine the accounts of that assessee.

(2) The chartered accountant appointed under sub-

section (1) shall exercise the powers and functions of the
Deputy Commissioner of Taxes as referred to in section 79
and clauses (a), (b), (c), (d) and (e) of section 113.

(3) The chartered accountant, after examination of the

accounts of that assessee, shall submit a report in writing
to the Board along with findings within a time as may be
specified by the Board.

(4) On receipt of the report referred to in sub-section (3),

the Board shall forthwith forward the report to the
concerned Deputy Commissioner of Taxes for

Page 147 of 277

 consideration.

(5) On receipt of the report under sub-section (4), the

Deputy Commissioner of Taxes shall serve a notice upon
the assessee under sub-section (1) of section 83.

(6) The Deputy Commissioner of Taxes shall, after hearing

the person appearing and considering the evidences
produced including the findings stated in the report
received under sub-section (5) and also considering the
other evidences, by an order in writing, assess within thirty
days after the completion of hearing or consideration, as
the case may be, the total income of an assessee and
shall determine the sum payable by the assessee on the
basis of such assessment, and communicate the said
order to the assessee within thirty days from the date of
such order.]

Best judgment 428[ 84. (1) Where any person fails-

assessment
(a) to file the return required by a notice under section
77 and has not filed a return or revised return under
section 78; or

(b) to comply with the requirements of a notice under

section 79 or 80; or

(c) to comply with the requirements of a notice under

section 83(1);

the Deputy Commissioner of Taxes shall, by an order in

writing, assess the total income of the assessee to the
best of his judgement and determine the sum payable
by the assessee on the basis of such assessment; and in
the case of a firm, may refuse to register it or may cancel
its registration if it is already registered, and
communicate such order to the assessee within thirty
days next following.

(2) Where in the opinion of the Board a best judgement

assessment made by a Deputy Commissioner of Taxes
under sub-section (1) shows lack of proper evaluation of
legal and factual aspects of the case which has resulted

Page 148 of 277

 in an arbitrary and injudicious assessment, the action
leading to such assessment made by the said Deputy
Commissioner of Taxes shall be construed as
misconduct.]

429[ Omitted] 84A. [Presumptive Assessment.-Omitted by section 5 of

the Finance Act, 1997 (Act No. XV of 1997).]

Special 85. (1) Notwithstanding anything contained in this

provisions Ordinance, where the assessee is a firm and the total
regarding income of the firm has been assessed under sections 82,
assessment of 83, or 84, as the case may be,-
firms
430[ * * *]

(b) in the case of 431[ a firm], the tax payable by the firm
shall be determined on the basis of the total income of
the firm.

(2) Whenever any determination is made in accordance

with the provisions of sub-section (1), the Deputy
Commissioner of Taxes shall, by an order in writing, notify
to the firm-

(a) the amount of tax payable by it, if any;

(b) the amount of the total income on which the

determination has been based; and

(c) the apportionment of the amount of 432[ income]

between the several partners.

Assessment in 86. (1) Where, at the time of assessment of a firm, it is

Page 149 of 277

case of change found that a charge has occurred in the constitution of
in the the firm, the assessment shall be made on the firm as
constitution of a constituted at the time of making the assessment :
firm
Provided that-

(a) the income of the years shall, for the purpose of

inclusion in the total income of the partners, be
apportioned between the partners who, in such income
year, were entitled to receive the same; and

(b) when the tax assessed upon a partner cannot be

recovered from him, it shall be recovered from the firm
as constituted at the time of making the assessment.

(2) For the purpose of this section, there is a change in

the constitution of a firm-

(a) where all the partners continue with a change in their

respective shares or in the shares of some of them, or

(b) where one or more persons who were partners

continue to be so with a change by cessation of one or
more partners or addition of one or more new partners.

Assessment in 87. Where, at the time of assessment on a firm, it is found

case of that a new firm has been constituted to succeed the firm
constitution of to which the assessment relates and it cannot be
new successor covered by section 86 separate assessments shall be
firm made on the predecessor firm and the successor firm in
accordance with the provisions of section 88 relating to
assessment in case of succession to business.

Assessment in 88. (1) Where, a person, carrying on any business or

case of profession (in this section, referred to as predecessor),
succession to has been succeeded therein otherwise than on death
business by another person (in this section, referred to as the
otherwise than successor) continues to carry on that business or

Page 150 of 277

on death profession,-

(a) the predecessor shall be assessed, in respect of the

income of the income year in which the succession took
place, for the period up to the date of succession, and

(b) the successor shall be assessed, in respect of the

income of the income year, for the period after the date
of succession.

(2) Notwithstanding anything contained in sub-section

(1), where the predecessor cannot be found, the
assessment of the income year in which the succession
took place up to the date of succession and of the
income year or years preceding that year shall be made
on the successor in the like manner and to the same
extent as it would have been made on the predecessor;
and the provisions of this Ordinance shall, so far as may
be, apply accordingly.

(3) Where any sum payable under this section in respect

of the income of a business or profession cannot be
recovered from the predecessor, the Deputy
Commissioner of Taxes shall record a finding to that
effect, and thereafter the sum payable by the
predecessor shall be payable by, and recoverable from,
the successor who shall be entitled to recover if from the
predecessor.

Assessment in 89. (1) Without prejudice to the provision of section 87,

case of where any business or profession is discontinued in any
discontinued financial year, and assessment may be made in that
business year, notwithstanding anything contained in section 16,
on the basis of the total income of the period between
the end of the income year and the date of such
discontinuance in addition to the assessment, if any,
made on the basis of the income year.

(2) Any person discontinuing any business or profession in

any financial year shall give to the Deputy Commissioner
of Taxes a notice of such discontinuance within fifteen
days thereof; and such notice shall be accompanied by
a return of total income in respect of the period

Page 151 of 277

 between the end of the income year and the date of
such discontinuance and that financial year shall be
deemed to be the assessment year in respect of the
income of the said period.

(3) Where, a person fails to give the notice required by

sub-section (2), the Deputy Commissioner of Taxes may
direct that a sum shall be recovered from him by way of
penalty not exceeding the amount of tax subsequently
assessed on him in respect of any income from the
business or profession up to the date of its
discontinuance.

(4) Where an assessment is to be made under sub-

section (1), the Deputy Commissioner of Taxes may
serve-

(a) on the person whose income is to be assessed;

(b) in the case of a firm, on the person who was a

partner of the firm at the time of discontinuance of the
business or profession; and

(c) in the case of a company, on the principal officer of

the company;

a notice to furnish within such time, not being less than

seven days, a return of his total income giving such
particulars and information as are required to be
furnished with a return to be filed under section 75 along
with such other particulars, records and documents as
may be specified in the notice.

(5) The provisions of this Ordinance shall, so far as may

be, apply to a notice under sub-section (4) for the
purpose of assessment of tax as if it were a notice under
section 77.

Assessment in 90. (1) A Hindu family hitherto assessed as a Hindu

case of partition undivided family shall be deemed, for the purposes of
of a Hindu this Ordinance, to continue to be a Hindu undivided
undivided family family except where, and in so far as, a finding of
partition has been given under this section in respect of

Page 152 of 277

that family.

(2) Where, at the time of an assessment of a Hindu

undivided family, it is claimed by any member thereof
that a partition has taken place amongst the members
of the family, the Deputy Commissioner of Taxes shall
make an enquiry thereinto after giving notice to all the
members of the family.

(3) On the completion of the enquiry, the Deputy

Commissioner of Taxes shall record a finding as to
whether there has been a partition of the joint family
property, and, if there has been such a partition, the
date on which it has taken place.

(4) In the case of a finding under sub-section (3) that the

partition of the undivided family took place after the
expiry of the income year, the total income of the
income year of the undivided family shall be assessed as
if no partition has taken place; and each member or
group of members of the family shall, in addition to any
tax for which he or it may be separately liable, be jointly
and severally liable for the tax on the income of the
family so assessed.

(5) In the case of finding under sub-section (3) that the

partition of the undivided family took place during the
income year, the total income of the undivided family in
respect of the period up to the date of partition shall be
assessed as if no partition had taken place; and each
member or group of members of the family shall, in
addition to any tax for which he or it may be separately
liable, by jointly and severally liable for the tax on the
income of that period as so assessed.

(6) Notwithstanding anything contained in this section, if

the Deputy Commissioner of Taxes finds after completion
of the assessment of a Hindu undivided family that the
family has already effected a partition, the tax shall be
recoverable from every person who was a member of
the family before the partition; and every such person
shall be jointly and severally liable for tax on the income
of the family in so assessed.

(7) For the purposes of this section, the several liability of

any member or group of members of a Hindu undivided
family shall be computed according to the portion of the
property of the undivided family allotted to him or it at

Page 153 of 277

 the partition.

(8) The provisions of this section shall, so far as may be,

apply in relation to the levy and collection of any
penalty, interest, fine or other sum in respect of any
period up to the date of the partition of a Hindu
undivided family as they apply in relation to levy and
collection of tax in respect of any such period.

Assessment in 91. (1) Where it appears to the Deputy Commissioner of

case of persons Taxes that any person may leave Bangladesh during the
leaving current financial year or shortly after its expiry and that
Bangladesh he has no intention of returning, as assessment may be
made in that year, notwithstanding anything contained
in section 16, on the basis of the total income of such
person-

(a) if he has been previously assessed, for the period

from the expiry of the last income year of which income
has been assessed to the probable date of his departure
from Bangladesh; and

(b) if he has not been previously assessed, of the entire

period of his stay in Bangladesh up to the probable date
of his departure therefrom.

(2) Assessment under sub-section (1) shall be made-

(a) in respect of each completed income year included

in the period referred to in sub-section (1), at the rate at
which tax would have been charged had it been fully
assessed; and

(b) in respect of the period from the expiry of the last of

the completed income years to the probable date of
departure, at the rate in force for the financial year in
which such assessment is made and that financial year
shall be deemed to be the assessment year in respect of
the income of the said period.

(3) For the purpose of making an assessment under this

section, the Deputy Commissioner of Taxes may serve a
notice upon the person concerned requiring him to file,

Page 154 of 277

 within such time, not being less than seven days, as may
be specified in the notice,-

(a) a return in the same form and verified in the same

manner as a return under section 75 setting forth, along
with such other particulars as may be required by the
notice, his total income for each of the completed
income years comprised in the relevant period referred
to in sub-section (1); and

(b) an estimate of his total income for the period from

the expiry of the last of such completed income year to
the probable date of his departure from Bangladesh.

(4) All the provisions of this Ordinance shall, so far as may

be, apply to the notice under sub-section (3) for
purposes of assessment of tax as if it were a notice under
section 77.

(5) Nothing in this section shall be deemed to authorise a

Deputy Commissioner of Taxes to assess any income
which has escaped assessment or has been under
assessed or has been assessed at too low a rate or has
been the subject of excessive relief under this Ordinance
but in respect of which he is debarred from issuing a
notice under section 93.

Assessment in 92. (1) Where a person dies, his legal representative shall
the case of be liable to pay any tax or other sum payable under this
income of a Ordinance which the deceased would have been liable
deceased to pay if he had not died, in the like manner and to the
person same extent as the deceased; and the legal
representative of the deceased shall, for the purposes of
this Ordinance, be deemed to be an assessee:

Provided that before deeming the legal representative

of the deceased to be an assessee, a notice to that
effect shall be issued to him by the Deputy Commissioner
of Taxes.

(2) For the purpose of making an assessment of the

Page 155 of 277

 income of the deceased and recovery of tax,-

(a) any proceeding taken against the deceased before

his death shall be deemed to have been taken against
the legal representative and may be continued from the
stage at which it stood on the date of the death of the
deceased; and

(b) any proceeding which could have been taken

against the deceased, if he had not died, may be taken
against the legal representative;

and all the provisions of this Ordinance shall, so far as

may be, apply accordingly.

(3) The liability of a legal representative under this

Ordinance shall be limited to the extent to which the
estate of the deceased is capable of meeting the
liability.

(4) For the purposes of this section and other provisions of

this Ordinance in which the rights, intefrests and liabilities
of the deceased are involved, “legal representative”
includes an executor, an administrator and any person
administering the estate of the deceased.

Assessment in 93. (1) If, for any reason, any income chargeable to tax
case of income for any assessment years has escaped assessment or has
escaping been under assessed or has been assessed at too low a
assessment, etc rate or has been the subject of excessive relief or refund
under this Ordinance, the Deputy Commissioner of Taxes
may issue a notice to the assessee containing all or any
of the requirements which may be included in a notice
under section 77 and may proceed to assess or
determine, by an order in writing, the total income of the
assessee or the tax payable by him, as the case may be,
and all the provisions of this Ordinance shall, so far as
may be, apply accordingly :

Provided that the tax shall be charged at the rate or

rates applicable to the assessment year for which the
assessment is made.

Page 156 of 277

(2) No proceedings under sub-section (1) shall be
initiated unless definite information has come into the
possession of the Deputy Commissioner of Taxes 433[ and
he has obtained] the previous approval of the Inspecting
Joint Commissioner in writing to do so, except in a case
where a return has not been filed under section 75 or 77.

(3) A notice under sub-section (1) may be issued by the

Deputy Commissioner of Taxes,-

(a) in any case in which he has reason to believe that

the assessee or any other person on his behalf has not
filed a return under section 75 or 77, at any time;

(b) in any case in which he has reason to believe that

the assessee has for any assessment year concealed the
particulars of his income or furnished inaccurate
particulars thereof or omitted or failed to disclose all
material facts necessary for the assessment for such year,
within 434[ five years] from the end of the assessment year
for which the assessment is to be made :

Provided that in a case where a fresh assessment is

made for any assessment year in pursuance of an order
under sections 120, 435[ ***] 156 or 159, the period of 436[
five years] referred to in this clause shall commence from
the end of the year in which the fresh assessment is
made;

(c) in any other case, within two years from the end of
the assessment year for which the assessment is to be
made.

(4) In computing the period of limitation for the purpose

of making an assessment or taking any other
proceedings under this Ordinance, the period, if any, for
which such assessment or other proceedings has been
stayed by any Court, tribunal or any other authority, shall
be excluded.

(5) Notwithstanding anything contained in sub-section

(3), where an assessment or any order has been
annulled, set aside, cancelled or modified, the
concerned income tax authority may start the
proceedings from the stage next preceding the stage at
which such annulment, setting aside, cancellation or
modification took place, and nothing contained in this
Ordinance shall render necessary the re-issue of any

Page 157 of 277

 notice which has already been issued or the re-furnishing
or refilling of any return, statement or other particulars
which has already been furnished or filed, as the case
may be.

Limitation for 94. 437[ (1) Subject to the provisions of sub-sections (2)
assessment and (3), no order of assessment under the provisions of
this Chapter in respect of any income shall be made
after the expiry of six months from the end of the
assessment year in which the income was first
assessable.]

438[
(1A) Notwithstanding anything contained in sub-
section (1), no order of assessment 439[ sub-section (3) of
section 82BB] shall be made-

(a) after the expiry of two years from the end of the
assessment year in which the income was first assessable;
or

(b) after the expiry of the period of fifteen months from

the end of the month in which the return is submitted,
whichever is earlier.]

(2) Notwithstanding anything contained in sub-section

(1), assessment under section 93 may be made-

(a) in the cases falling under section 93 (3) (a) and (b),
within 440[ two years] from the end of the year in which
notice under the said sub-section was issued; and

(b) in the cases falling under section 93(3) (c), within 441[
one year] from the end of the year in which notice under
the said sub-section was issued.

(3) Notwithstanding anything contained in this section,

limiting the time within which any action may be taken,
or any order or assessment may be made, order or
assessment, as the case may be, to be made on the
assessee or any other person in consequence of, or to
give effect to, any finding or direction contained in an
order under sections 120, 121, 442[ * * *] 156, 159, 161 or
162 or, in the case of a firm, an assessment to be made

Page 158 of 277

 on a partner of a firm in consequence of an assessment
made on the firm, 443[ shall be made 444[ within thirty
days] from the date on which the order was
communicated] 445[ and communicate such revised
order to the assessee within thirty days next following] 446[
:

Provided that where an order of assessment has been

set aside by any authority in that case the assessment
shall be made within forty five days from the date on
which the order was communicated to him.]

Explanation I.-Where by an order under sections 120, 447[

* * *] 156, 159, 161 or 162, any income is excluded from
the total income of the assessee for an assessment year,
an assessment of such income for another assessment
year shall, for the purposes of this section, be deemed to
be one made in consequence of, or to give effect to,
any finding or direction contained in the said order.

Explanation II.-Where by an order under sections 120, 448[

* * *] 156, 159, 161 or 162, any income is excluded from
the total income of one person and held to be the
income of another person, an assessment of such
income of such other person, shall, for the purposes of
this section, be deemed to be one made in
consequence of or to give effect to, any finding or
direction contained in the said order.

[(4) where the Deputy Commissioner of Taxes fails to give

effect to any finding or direction contained in an order
referred to in sub-section (3) within the period stipulated
therein, such failure of the Deputy Commissioner of Taxes
shall be construed as misconduct.]

449[ Omitted] 94A. [Omitted by section 31 of the Finance Act, 2003

(Act No. XVII of 2003).]

CHAPTER X

LIABILITY IN SPECIAL CASES

Page 159 of 277

Liability of 95. (1) Every person who is a representative of another
representative in person in respect of any income for the purpose of this
certain cases section shall, in respect of such income,-

(a) be subject to the same duties, responsibilities and

liabilities as if such income were received by, or accruing
to, or in favour of, him beneficially;

(b) be liable to assessment in his own name; and

(c) be deemed, subject to other provisions of this

Chapter, to be the assessee for all purposes of this
Ordinance.

(2) A person, who is assessed in pursuance of this section

as a representative in respect of any income, shall not, in
respect of the same income, be assessed under any
other provision of this Ordinance.

(3) Nothing in this section shall prevent either the direct

assessment of the person for whom, or on whose behalf
or for whose benefit, the representative is entitled to
receive any income or recovery from such person of the
tax payable in respect of such income.

(4) For the purposes of this section,-

(a) the guardian, manager or trustee, who receives or is

entitled to receive any income for, or on behalf or for the
benefit, of any minor, lunatic or idiot, shall be the
representative in respect of such income;

(b) the Administrator-General, the Official Trustee, or any

receiver, manager or other person, however designated,
appointed by or under any order of a Court, who
receives or is entitled to receive any income for, or on
behalf or for the benefit, of any other person shall be the
representative in respect of such income;

(c) the trustee or trustees appointed under a trust

declared by a duly executed instrument in writing,
whether testamentary or otherwise, including a legally
valid deed of waqf, who receive or are entitled to
receive any income for, or on behalf or for the benefit of
any person shall be the representative in respect of such
income; and

Page 160 of 277

 (d) a person who is treated under section 96 as an agent
in relation to a non-resident, shall be the representative
in respect of such income of the non-resident as is
deemed to accrue or arise in Bangladesh under section
18.

Persons to be 96. (1) For the purposes of this Ordinance, the following
treated as agent persons shall, subject to the provisions of sub-sections (2)
and (3) be treated as agent in relation to a non-resident,
namely:-

(a) any person in Bangladesh-

(i) who is employed by, or on behalf of, the non-resident;

(ii) who has any business connection with the non-

resident;

(iii) who holds, or controls the receipt or disposal of, any

money belonging to the non-resident;

(iv) who is a trustee of the non-resident; or

(v) from or through whom the non-resident, is in receipt

of any income, whether directly or indirectly;

(b) any person, whether a resident or non-resident, who

has acquired, by means of transfer, a capital asset in
Bangladesh from a person residing outside Bangladesh;
and

(c) any person who, for any other reasonable cause, is

declared or treated as an agent of the non-resident.

(2) An independent broker in Bangladesh, who in

respect of any transaction, does not deal directly with, or
on behalf of, a non-resident principal but deals with, or
through, a non-resident broker, shall not be treated as an
agent in relation to a non-resident in respect of such
transaction if-

(a) the transaction is carried on in the ordinary course of

Page 161 of 277

 business through the non-resident broker; and

(b) the non-resident broker is carrying on such

transaction in the ordinary course of business.

(3) No person shall be treated under this Ordinance as

an agent in relation to a non-resident unless he has been
given by the Deputy Commissioner of Taxes an
opportunity of being heard.

Right of 97. (1) A representative who, on account of his liability

representative under section 95, pays any sum, shall be entitled to
to recover tax recover the sum so paid from the person on whose
paid behalf it is paid, or to retain out of any moneys that may
be in his possession or may come to him in his possession
or may come to him in his capacity as a representative,
an amount equivalent to the sum so paid.

(2) A representative, or any person who apprehends that

he may be assessed as a representative, may retain, out
of any money payable to the person (hereinafter
referred to as “the beneficiary”) on whose behalf he is
liable to tax under section 95, a sum not exceeding his
estimated liability.

(3) In the event of any disagreement between the

beneficiary and the representative or, as the case may
be, the person apprehensive of being assessed as
representative, as to the amount to be retained under
sub-section (2), such representative or person may
secure from the Deputy Commissioner of Taxes a
certificate stating the amount to be so retained pending
the settlement of the liability and the certificate so
obtained shall be the warrant for retaining that amount.

Liability of firm or 98. (1) Where any tax payable by a partner of a firm or a
association for member of an association of persons in respect of his
unrecoverable share of the income from the firm or association, as the

Page 162 of 277

tax due from case may be, cannot be recovered from him, the
partners or Deputy Commissioner of Taxes shall notify the amount of
members the tax to the firm or association.

(2) Upon notification of the amount of tax under sub-

section (1), the firm or association so notified shall,
notwithstanding anything contained in any other law for
the time being in force, be liable to pay the said tax and
shall, for the purposes of recovery thereof, be deemed to
be an assessee in respect of such tax; and the provisions
of this Ordinance shall apply accordingly.

Liability of 99. (1) Where any business or profession carried on by a

partners, etc, for firm or an association of persons has been discontinued,
discontinued or where a firm or an association of persons is dissolved,
business of a assessment of the total income of the firm or association
firm, etc may be made as if no such discontinuance or dissolution
had taken place; and all the provisions of this Ordinance
shall, so far as may be, apply accordingly.

(2) Where an assessment is made under sub-section (1) in

respect of a firm or an association of persons, every
person who was a partner of the firm or member of the
association at the time of discontinuance of business, or
as the case may be, dissolution of the firm or association,
and the legal representative of any such person who is
deceased, shall be jointly and severally liable for the
amount of tax found payable by the firm or association
upon such assessment and shall, for the purpose of
recovery of such tax, including penalty and other sum
payable, be deemed to be an assessee; and the
provisions of this Ordinance shall apply accordingly.

Liability of 100. (1) Where any private company is wound up and

directors for any tax assessed on the company, whether before, or in
unrecoverable the course of, or after its liquidation, in respect of any

Page 163 of 277

tax of private income of any income year cannot be recovered, every
companies person who was, at any time during the relevant income
year, a director of that company, shall, notwithstanding
anything contained in 450[ the Companies Act, 1913 (VII
of 1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)], be jointly and
severally liable to pay the said tax and shall, for the
purposes of recovery thereof, be deemed to be an
assessee in respect of such tax; and the provisions of this
Ordinance shall apply accordingly.

(2) Notwithstanding the provisions of sub-section (1), the

liability of any person thereunder in respect of the
income of a private company shall cease if he proves to
the Deputy Commissioner of Taxes that non-recovery of
tax from the company cannot be attributed to any gross
neglect, misfeasance or breach of any duty on his part
in relation to affairs of the company.

Liability of 101. (1) A liquidator of a private company which is

liquidator for tax wound up, whether under the orders of a court or
of private otherwise, shall, within thirty days after he has become
companies such liquidator, give notice of his appointment as such to
under the Deputy Commissioner of Taxes having jurisdiction to
liquidation assess the company.

(2) The Deputy Commissioner of Taxes shall, after making

such enquiries or, calling for such information as he may
consider necessary, notify to the liquidator, within three
months of the date of receipt of the notice under sub-
section (1) the amount which, in his opinion, would be
sufficient to provide for any tax which is then, or is likely
thereafter to become, payable by the company.

(3) On being notified under sub-section (2), the liquidator

shall set aside an amount equal to the amount so
notified and shall not, before he sets aside such amount,
part with any of the assets, of the company except for
the purpose of payment of tax payable by the company
or for making payment to secure such creditors as are
entitled under the law to priority of payment over the
debts due to the Government on the date of liquidation.

Page 164 of 277

 (4) The liquidator shall be personally liable for payment of
the tax on behalf of the company to the extent of the
amount notified, if any, under sub-section (2), if he-

(a) fails to give notice as required by sub-section (1); or

(b) contravenes the provisions of sub-section (3).

(5) Where there are more liquidators than one, the

obligations and liabilities of a liquidator under this section
shall attach to all the liquidators jointly and severally.

(6) This section shall have effect notwithstanding

anything to the contrary contained in any other law for
the time being in force.

Explanation.-In this section, “liquidator” includes any

person who has been appointed to be the receiver of
the assets of the company under liquidation.

Liability to tax in 451[102. (1) Notwithstanding anything contained in this

case of shipping Ordinance, where a non-resident carries on the business
business of non- of operation of ships as the owner or charterer thereof
residents (hereinafter in this section referred to as the principal) tax
shall be levied and collected in respect of such business
in accordance with the provisions of this section.

(2) Before the departure from any port in Bangladesh of

any ship, the master of the ship shall prepare and furnish
to the Deputy Commissioner of Taxes a return showing-

(a) the amount paid or payable whether in or out of

Bangladesh to the principal, or to any person on his
behalf, on account of the carriage of passengers,
livestock, mail or goods shipped at the port since the last
arrival of the ship; and

(b) the amount received, or deemed to be received in

Bangladesh by, or on behalf of, the principal on account
of the carriage of passengers, livestock, mail or goods at
any port outside Bangladesh.

Page 165 of 277

(3) On receipt of the return, the Deputy Commissioner of
Taxes shall determine the aggregate of the amounts
referred to in sub-section (2) and, for this purpose, may
call for such particulars, accounts or documents, as he
may require and the aggregate of the said amounts so
determined shall be deemed to be income received in
Bangladesh by the principal from the said business
chargeable to tax under this Ordinance under the head
“Income from business or profession” and tax thereon
shall be charged at the rate of eight per cent of such
income.

(4) Where the Deputy Commissioner of Taxes is satisfied

that it is not possible for the master of the ship or the
principal to furnish the return required under sub-section
(2) before the departure of the ship from the port and
the principal has made satisfactory arrangements for the
filing of the return and payment of the tax by any other
person on his behalf, the Deputy Commissioner of Taxes
may, if the return is filed within thirty days of the
departure of the ship, deem the filing of the return by the
person so authorised by the principal as sufficient
compliance with sub-section (2).

(5) No port clearance shall be granted to the ship until

the 452[ Commissioner of Customs], or any other officer
duly authorised to grant the same, is satisfied that the tax
payable under sub-section (3) has been duly paid or
that satisfactory arrangements have been made for the
payment thereof.

(6) Nothing contained in this Ordinance shall be so

construed as to allow any expense against the
aggregate amount of receipts as determined under sub-
section (3).

(7) The tax paid under this section shall be deemed to be

the final discharge of the tax liability of the assessee
under this Ordinance, and the assessee shall not be
required to file the return of total income under section
75 nor shall he be entitled to claim any refund or
adjustment on the basis of such return.]

Page 166 of 277

453[ Omitted] 103. [Adjustment of liability to tax in case of shipping.-
Omitted by section 12 of aর্থ আiন, 1989 (1989 সেনর 36 নং আiন)

Liability to tax in 454[103A. (1) Notwithstanding anything contained in this

case of air Ordinance, where a non-resident person carries on the
transport business of operation of aircraft, as the owner or
business of non- charterer thereof (hereinafter in this section referred to as
residents the principal), and any aircraft owned or chartered by
him calls on any airport in Bangladesh, the aggregate of
the receipts arising from the carriage of passengers,
livestock, mail or goods loaded at the said airport into
that aircraft shall be deemed to be income received in
Bangladesh by the principal from the said business
chargeable to tax under the head “Income from
business or profession” and tax thereon shall be charged
at the rate of three per cent of such income.

(2) The principal or an agent authorised by him in this

behalf shall prepare and furnish to the Deputy
Commissioner of Taxes, within forty-five days from the last
day of each quarter of every financial year, that is to
say, the thirtieth day of September, the thirty-first day of
December, the thirty-first day of March and the thirtieth
day of June, respectively, a return in respect of each
quarter as aforesaid showing-

(a) the amount paid or payable whether in or out of

Bangladesh to the principal, or to any person on his
behalf, on account of the carriage of passengers,
livestock, mail or goods loaded at the said airport; and

(b) the amount received, or deemed to be received, in

Bangladesh by, or on behalf of, the principal on account
of the carriage of passengers, livestock, mail or goods at
any airport outside Bangladesh.

(3) On receipt of the return, the Deputy Commissioner of

Taxes may, after calling for such particulars, accounts or
documents, as he may require, determine the
aggregate of the amounts referred to in sub-section (2)
and charge tax as laid down in sub-section (1).

(4) Where the principal fails to pay the tax payable

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 under sub-section (1), for more than three months, the
Commissioner of Taxes may issue to the authority by
whom clearance may be granted to that aircraft a
certificate containing the name of the principal and the
amount of tax payable by him; and on receipt of such
certificate, the said authority shall refuse clearance from
any airport in Bangladesh to any aircraft owned or
chartered by such person until the tax payable has been
paid.

(5) Nothing contained in this Ordinance shall be so

construed as to allow any expense against the
aggregate amount of receipts as determined under sub-
section (3).

(6) The tax paid under this section shall be deemed to be

the final discharge of the tax liability of the assessee
under this Ordinance, and the assessee shall not be
required to file the return of total income under section
75 nor shall he be entitled to claim any refund or
adjustment on the basis of such return.]

CHAPTER XI

SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

Avoidance of 104. Where any business is carried on between a resident

tax through and a non-resident and it appears to the Deputy
transactions with Commissioner of Taxes that, owing to the close
non-residents connection between them, the course of business is so
arranged that the business transacted between them
produces to the resident either no profits or profits less
than the ordinary profits which might be expected to
yield in that business, the Deputy Commissioner of Taxes
shall determine the amount of income which may
reasonably be considered to have accrued to the
resident from such business and include such amount in
the total income of the resident.

Avoidance of 105. (1) Any income which becomes payable to a non-

Page 168 of 277

tax through resident by virtue, or in consequence, of any transfer of
transfer of assets assets, whether alone or in conjunction with associated
operations, shall be deemed to be the income of the
person who-

(a) has acquired, by means of such transfer or

associated operations, any right by virtue, or in
consequence, of which he has power to enjoy, whether
forthwith or in future, the income which becomes so
payable to the non-resident, or

(b) has received or is entitled to receive at any time, for

reasons attributable to such transactions or associated
operations, any sum paid or payable by way of loan or
repayment of loan or any other sum, not being a sum
paid or payable as income or for full consideration of
money or money's worth.

(2) The income which becomes payable to a non-

resident and is deemed under sub-section (1), to be the
income of the person referred to therein shall be so
deemed for all purposes of this Ordinance, whether such
income would or would not have been chargeable to
tax apart from the provisions of this section.

(3) The provisions of this section shall not operate if it is

shown to the satisfaction of the Deputy Commissioner of
Taxes-

(a) that neither the transfer nor any associated operation

had for its purpose, or for one of its purposes, the
avoidance of liability to taxation; or

(b) that the transfer and all associated operations were

bona fide commercial transaction and were not
designed for the purpose of avoiding liability to taxation.

(4) Where any person has been charged to tax on any

income which is deemed under sub-section (1) to be his
income, that income shall not again be deemed to form
part of his income for the purpose of this Ordinance if it is
subsequently received by him whether as income or in
any other form.

(5) A person shall, for the purposes of this section, be

deemed to have power to enjoy the income payable to
a non-resident if-

Page 169 of 277

(a) such income is in fact so dealt with as to be
calculated to ensure at any time for the benefit of such
person in any form; or

(b) the receipt or accrual of such income operates to

increase the value of any assets held by such person or
for his benefit; or

(c) such person receives or is entitled to receive at any

time any benefit provided or to be provided-

(i) out of such income; or

(ii) out of moneys which are or will be, available for the
purpose by reason of the effect or successive effects of
associated operations on such income and on any
assets representing the income; or

(d) such person has, by means of the exercise of any

power of appointment, revocation or otherwise, power
to obtain for himself, with or without the consent of any
other person, the beneficial enjoyment of such income;
or

(e) such person is able to control, directly or indirectly,

the application of such income, in any manner
whatsoever.

(6) In determining whether a person has power to enjoy

income, regard shall be had to the substantial result and
effect of the transfer and any associated operations,
and to all benefits which may at any time accrue to
such person as a result of the transfer and associated
operations irrespective of the nature or form of the
benefit.

Explanation.-For the purposes of this section,-

(a) “assets” includes property or rights of any kind and

“transfer”, in relation to assets being rights, includes
creation of those rights;

(b) “associated operation”, in relation to any transfer,

means as operation of any kind effected by any person
in relation to-

(i) any of the assets transferred; or

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 (ii) any income arising from such assets; or

(iii) any assets representing, directly or indirectly, any of

the assets transferred, or the accumulation of the
income arising from such assets;

(c) “benefit” includes a payment of any kind;

(d) references to assets representing any assets

transferred, or any income or accumulation of income
arising therefrom, includes references to shares in or
obligation of any company to which, or the obligation of
any other person to whom, any such assets or that
income or accumulation of income is or has been
transferred; and

(e) any body corporate incorporated outside

Bangladesh shall be treated as if it were a non-resident.

Avoidance of 106. (1) Where the owner of any securities sells or

tax by transfers those securities and buys them back or
transactions in reacquires them, or buys or acquires similar securities,
securities and the result of the transactions is that any interest
becoming payable in respect of the original securities
sold or transferred by the owner is not receivable by the
owner, the interest payable as aforesaid shall be
deemed, for all purposes of this Ordinance, to be the
income of such owner and not of any other person,
whether the interest payable as aforesaid would or
would not have been chargeable to tax apart from the
provisions of this sub-section.

(2) Where any person has had for any period during an
income year any beneficial interest in any securities and
the result of any transactions within that year relating to
such securities or the income thereof is that no income is
received by him, or that the income received by him is
less than the sum which the income would have
amounted to had the income from such securities
accrued from day to day, and been apportioned to the
said period, then the income from such securities for the
said period shall be deemed to be the income of such
person.

Page 171 of 277

 (3) Where, any person carrying on a business which
consists wholly or partly in dealing in securities buys or
acquires any securities from any other person and either
sells back or re-transfers those securities, or sells or
transfers similar securities, to such other person, and the
result of the transactions is that the interest becoming
payable in respect of the securities bought or acquired
by him is receivable by him but is not deemed to be his
income by reason of the provisions of sub-section (1), no
account shall be taken of the transactions in computing
for any of the purposes of this Ordinance any income
arising from, or loss sustained, in the business.

(4) The Deputy Commissioner of Taxes may, by notice in

writing, require any person to furnish him, within such
time, not being less than twenty-eight days, as may be
specified in the notice, such particulars in respect of all
securities of which such person was the owner, or in
which he had beneficial interest at any time during the
period specified in the notice, as the Deputy
Commissioner of Taxes may consider necessary for the
purpose of ascertaining whether tax has been borne in
respect of the interest on all those securities and also for
other purposes of this section.

Explanation.-For the purposes of this section,-

(a) “interest” includes dividend;

(b) “securities” includes stocks and shares; and

(c) securities shall be deemed to be similar if they entitle

their holders to the same right against the same persons
as to capital and interest and the same remedies for the
enforcement of these rights, notwithstanding any
difference in the total nominal amounts of the respective
securities or in the form in which they are held or in the
manner in which they can be transferred.

Tax clearance 107. (1) Subject to such exceptions as the Board may
certificate make in this behalf, a person who is not domiciled in
required for Bangladesh, or a person who being domiciled in

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persons leaving Bangladesh at the time of his departure is not, in the
Bangladesh opinion of an income tax authority likely to return to
Bangladesh, shall not leave Bangladesh without
obtaining from the Deputy Commissioner of Taxes
authorised in this behalf by the Board:-

(a) a tax clearance certificate, or

(b) if he has the intention of returning to Bangladesh, an

exemption certificate which shall be issued only if the
Deputy Commissioner of Taxes is satisfied that such
person has such intention; and such exemption
certificate may be either for a single journey or for all
journeys within the period specified in the certificate.

(2) The owner or charterer of any ship or aircraft, who

issue any authority to any person referred to in sub-
section (1) for travel by such ship or aircraft from any
place in Bangladesh to any place outside Bangladesh
unless such person has a certificate required by that sub-
section, shall-

(a) be liable to pay the amount of tax, if any, which has

or may become due and payable by such person and
also to a penalty which may extend to two thousand
taka; and

(b) be deemed, for the purposes of recovery of such tax

and penalty, to be an assessee in default, and all the
provisions of this Ordinance shall apply accordingly.

Explanation.-For the purposes of this section,-

(a) “exemption certificate”, in relation to any person,

means a certificate to the effect that such person is
exempt from the requirement of having a tax clearance
certificate for the purpose of the journey or journeys
specified therein;

(b) “owner” or “charterer” includes any representative,

agent or employee who may be empowered by the
owner or charterer of a ship or aircraft to issue an
authority to travel by the ship or aircraft; and

(c) “Tax clearance certificate”, in relation to a person,

means a certificate to the effect that such person has no
liability under this Ordinance, the Income-tax Act, 1922

Page 173 of 277

 (XI of 1922), 455[ the Gift-tax Act, 1963 (XIV of 1963) or দান
কর আiন, 1990 (1990 সেনর 44 নং আiন)], or the Wealth-tax Act, 1963
(XV of 1963), or that satisfactory arrangements have
been made for the payment of all or any of such taxes
which are or may become payable by such person.

CHAPTER XII

REQUIREMENT OF FURNISHING CERTAIN INFORMATION

Information 108. Every person responsible for making any payment

regarding constituting income classifiable under the head
payment of “Salaries” not being payment made by the Government,
salary and the prescribed officer in cases where such
payments are made by the Government, shall, before
the first day of September each year, furnish to the
Deputy Commissioner of Taxes, a statement prepared in
the prescribed form and verified in the prescribed
manner so as to give the following information, namely:-

(a) the name and address of every person to whom such

payment has been made, or was due, during the
preceding financial year if the payment exceeds such
amount as may be prescribed;

(b) the amount of payment so made, or due;

(c) the amount deducted as tax from such payment;

and

(d) such other particulars as may be prescribed :

Provided that the Deputy Commissioner of Taxes may

extend the date for the delivery of the statement.

Information 109. Every person responsible for making any payment of

regarding interest constituting income not classifiable under the
Payment of head “Interest on securities” shall, if such payment
interest exceeds 456[ fifteen thousand taka], before the first day
of September each year, furnish to a prescribed officer a

Page 174 of 277

 statement prepared in the prescribed form and verified
in the prescribed manner so as to give the following
information, namely:-

(a) the name and address of every person to whom such

payment has been made, or was due, during the
preceding financial year;

(b) the amount of payment so made or due; and

(c) such other particulars as may be prescribed.

Information 110. The principal officer of every company shall, before

regarding the first day of September each year, furnish to the
payment of prescribed officer a statement prepared in the
dividend prescribed form and verified in the prescribed manner,
so as to give the following information, namely:-

(a) the name and address of every shareholder, as

entered in the register of shareholders, to whom a
dividend or the aggregate of dividends has been paid
or distributed during the preceding financial year if such
payment exceeds such amount as may be prescribed;

(b) the amount of dividend or dividends so paid or

distributed; and

(c) such other particulars as may be prescribed.

CHAPTER XIII

[REGISTRATION OF FIRMS-Omitted]

457[ Omitted] 111. [Registration of firms.- Omitted by section 6 of the

Finance Act, 1995 (Act No. XII of 1995).]

CHAPTER XIV

Page 175 of 277

 POWERS OF INCOME TAX AUTHORITIES

Powers under 112. The powers exercisable by income tax authorities

this Chapter not under this Chapter shall not prejudice, unless otherwise
to prejudice provided in the provision thereof, the powers exercisable
other powers under the other provisions of this Ordinance.

Power to call for 113. The Deputy Commissioner of Taxes, the Inspecting
information Joint Commissioner, 458[ the Commissioner, the Director
General, Central Intelligence Cell,] or any other officer
authorised in this behalf by the Commissioner or the
Board may, for the purposes of this Ordinance, by notice
in writing, require-

(a) any firm, to furnish him with a statement of the names

and addresses of the partners and their respective
shares;

(b) any Hindu undivided family, to furnish him with a

statement of the names and addresses of the manager
and the members of the family;

(c) any person, whom he has reason to believe to be a

trustee, guardian or agent to furnish him with a
statement of the names and addresses of the persons for
or of whom he is trustee, guardian or agent;

(d) any assessee to furnish him with a statement of the

names and addresses of all persons to whom he has
paid in any income year any rent, interest, commission,
royalty or brokerage, or any annuity, not being an
annuity classifiable under the head “Salaries”,
amounting to more than three thousand taka, together
with particulars of all such payment;

(e) any dealer, broker or agent, or any person

concerned in the management of a Stock Exchange, to
furnish a statement of the names and addresses of all
persons to whom he or the Exchange has paid any sum
in connection with the transfer of capital assets, or on
whose behalf or from whom he or the Exchange has

Page 176 of 277

 received any such sum, together with the particulars of
all such payments and receipts; or

(f) any person, including a banking company, to furnish

information in relation to such points or matters, or to
furnish such statement or accounts giving such
particulars, as may be specified in the notice:

Provided that no such notice on a banking company

shall be issued by the Deputy Commissioner of Taxes or
the Inspector, without the approval of the Commissioner,
and by any other officer without the approval of the
Board.

Power to Inspect 114. The Deputy Commissioner of Taxes, the Joint

registers of Commissioner of Taxes or any person authorised in writing
companies in this behalf by either of them, may inspect and, if
necessary, take copies, or cause copies to be taken, of
any register of the members, debenture-holders or
mortgagees of any company or any entry in such
register.

Power of survey 115. (1) For the purpose of survey of liability of any person
to tax under this Ordinance, an income tax authority
may, notwithstanding anything contained in other
provisions of this Ordinance but subject to such directions
or instructions as the Board may issue in this behalf, enter
any place or premises within the limits of its jurisdiction
and-

(a) inspect any accounts or documents and check or

verify any article or thing;

(b) make an inventory of any cash, stock or other

valuable articles or things checked or verified by it;

(c) place marks of identification on or stamp the books

of accounts or other documents inspected by it and

Page 177 of 277

 make or cause to be made extracts or copies therefrom;

(d) record the statement of any person which may be

useful for, or relevant to, any proceeding under this
Ordinance; and

(e) make such enquiries as may be necessary.

(2) Subject to the provisions of section 117, any income-

tax authority exercising powers under sub-section (1),
shall not remove or cause to be removed from any
place or premises wherein he has entered, any books of
account, or other documents, or any cash, stock or other
valuable article or thing.

(3) Every proprietor, employee or other person who may

be attending in any manner to, or helping in, the
carrying on of any business or profession, or every person
who may be residing in the place or premises in respect
of which an income tax authority may be exercising
power under sub-section (1), shall in aid of the exercise
of such power,-

(a) afford the authority necessary facilities for inspection

of books of accounts or other documents, or for
checking or verifying the cash, stock or other valuable
article or thing found in such place or premises; and

(b) furnish such information as the authority may require

in respect of any matter which may be useful for, or
relevant to, any proceeding under this Ordinance.

Additional 116. (1) The 459[ * * *] 460[ Directors-General of Inspection],

powers of 461[ the Commissioner, the Director General, Central

enquiry and Intelligence Cell,] and the Inspecting Joint Commissioner

production of may, without prejudice to other powers which they may
documents have under other provisions of this Ordinance, make any
enquiry which they consider necessary as respects any
person liable, or believed by them to be liable, to
assessment under this Ordinance, or require any such
person to produce, or cause to be produced, any
accounts or documents which they may consider
necessary.

Page 178 of 277

 (2) For the purpose of sub-section (1), the 462[ * * *] 463[
Directors- General of Inspection], 464[ the Commissioner,
the Director General, Central Intelligence Cell,] and the
Inspecting Joint Commissioner shall have the same
powers as the Deputy Commissioner of Taxes has under
this Ordinance for the purposes of making enquiry or
requiring the production of accounts or documents
including the powers under section 117(2).

(3) 465[ The Commissioner, the Director General, Central

Intelligence Cell,] the Inspecting Joint Commissioner, the
Deputy Commissioner of Taxes or an Inspector, if he is so
authorised in writing, may, for the purpose of making any
enquiry which he considers necessary, enter the premises
in which a person liable or believed by him to be liable
to assessment, carries on his business or profession, and
may call for and inspect any such person's accounts or
any documents in his possession and may stamp any
accounts or documents so inspected and may retain
such accounts or documents for so long as may be
necessary for examination thereof or for the purposes of
a prosecution:

Provided that the Deputy Commissioner of Taxes or an

Inspector shall not make any enquiries from any
scheduled bank regarding any client of such bank
except with the prior approval of the 466[ * * *]
Commissioner.

Power of search 117. (1) Where 467[ * * *] the 468[ Directors-General of

and seizure Inspection] or 469[ the Commissioner, the Director
General, Central Intelligence Cell,] or such other officer
empowered in this behalf by the Board has, on account
of information in his possession, reason to believe that-

(a) any person, to whom a summons or notice under this

Ordinance has been or might be issued to produce, or
cause to be produced, any books of accounts or other
documents, has failed to, or is not likely to, produce or
cause to be produced such books of accounts or other
documents, or

Page 179 of 277

(b) any person is in possession of any money, bullion,
jewellery or other valuable article or thing which
represents, wholly or partly, income or property which is
required to be disclosed under this Ordinance but has
not been so disclosed, he may authorise any officer
subordinate to him, being not below the rank of the
Deputy Commissioner of Taxes, to exercise the powers
under sub-section (2).

(2) An officer authorised under sub-section (1)

(hereinafter referred to as the authorised officer) may,
notwithstanding anything contained in any other law for
the time being in force,-

(a) enter and search any building, place, vessel, vehicle

or aircraft where he has reason to suspect that any
books of accounts, documents, money, bullion, jewellery
or other valuable article or thing referred to in sub-
section (1) are or have been kept;

(b) break-open the lock of any door, box, locker, safe,

almirah or other receptacle for the purpose of the said
entry, and search, if keys thereof are not available;

(c) search any person who has got out of, or is about to
get, into, or is in, the building, place, vessel, vehicle or
aircraft, if he has reason to suspect that such person has
secreted about his person any such books of accounts,
documents, money, bullion, jewellery or other valuable
article or thing;

(d) seize any such books of accounts, documents,

money, bullion, jewellery or other valuable article or thing
found as a result of such search;

(e) place marks of identification on or stamp any books

of accounts or other document or make or cause to be
made extracts or copies therefrom; and

(f) make a note or an inventory of any such money,

bullion, jewellery or other valuable article or thing.

(3) The authorised officer may requisition the services of

any police officer or other officer of the Government to
assist him for all or any of the purposes specified in sub-
section (2); and it shall be the duty of every such officer
to comply with such requisition.

Page 180 of 277

(4) The authorised officer may, where it is not practicable
to seize any such books of accounts, documents,
money, bullion, jewellery or other valuable article or
thing, by order in writing, require the owner or the person
who is in immediate possession or control thereof not to
remove, part with or otherwise deal with it without
obtaining his previous permission; and the authorised
officer may take such steps as may be necessary for
ensuring compliance with the order 470[ :

Provided that if the owner or the person concerned,

without any reasonable cause, fails to comply with the
provisions of this sub-section, the Deputy Director
General, Central Intelligence Cell or the Deputy
Commissioner of Taxes may realize from him the money
or the value of the bullion, jewellery, valuable article or
thing, if any, removed, parted with or otherwise dealt
with; and in such a case the said person shall be
deemed to be an assessee in default under this
Ordinance.]

(5) The authorised officer may, during the course of the

search or seizure, examine on oath any person who is
found to be in possession or control of any books of
accounts, documents, money, bullion, jewellery or other
valuable article or thing and any statement made by
such person during the examination may thereafter be
used in evidence in any proceeding under this
Ordinance, or the Income-tax Act, 1922 (XI of 1922).

(6) Where any books of accounts, documents, money,

bullion, jewellery or other valuable article or thing is
found in the possession or control of any person in the
course of a search, it may be presumed that-

(a) the books of accounts, documents, money, bullion,

jewellery, article or thing belongs to such person;

(b) the contents of the books of accounts and

documents are true; and

(c) the signature on, or the handwriting in, any such

books or documents is the signature or handwriting of
the person whose signature or hand writing it purports to
be.

Page 181 of 277

(7) The person from whose custody any books of
accounts or other documents are seized under sub-
section (2) may make copies thereof, or take extracts
therefrom, in the presence of the authorised officer or
any other person designated by him, at such place and
time as the authorised officer may appoint in this behalf.

(8) The books of accounts or other documents seized

under sub-section (2) shall not be retained by the
authorised officer for a period exceeding one hundred
and eighty days from the date of the seizure unless for
reasons recorded in writing, approval of 471[ * * *] the
Commissioner has been obtained for such retention:

Provided that 472[ * * *] the Commissioner shall not

approve such retention for a period exceeding thirty
days after all the proceedings under this Ordinance in
respect of the years for which the books of accounts or
other documents, as are relevant, have been
completed.

(9) If any person, legally entitled to the books of

accounts or other documents seized under sub-section
(2) objects to the approval given by the Commissioner
under sub-section (8), he may make an application,
stating therein the reasons for his objection, to the Board
for the return of the books of accounts or other
documents; and the Board may, after giving the
applicant an opportunity of being heard, pass such
orders thereon as it may think fit.

(10) Subject to the provisions of this Ordinance and the

rules, if any, made in this behalf by the Board, the
provisions of the Code of Criminal Procedure, 1898 (Act
V of 1898), relating to search and seizure shall apply, so
far as may be, to search and seizure under sub-section
(2).

Explanation.-For the purposes of this section, the word

“proceeding” means any proceeding in respect of any
year under this Ordinance which may be pending on the
date on which a search is authorised under this section
or which may have been completed on or before such
date and also includes all proceedings under this
Ordinance which may be commenced after such date
in respect of any year.

Page 182 of 277

Power to verify 473[117A. Notwithstanding anything contained in this
deduction or Ordinance or any other law for the time being in force,
collection of tax the Board or any other authority empowered by the
Board in this behalf may enter the premises of a
deducting or collecting authority to examine, monitor or
verify books of accounts and relevant records in relation
to-

(a) deduction or collection of tax by the concerned

authority in accordance with the provisions of Chapter
VII of this Ordinance; and

(b) deposit of the tax so collected or deducted to the

credit of the Government as per rules.]

Retention of 118. (1) Where any money, bullion, jewellery or other

seized assets valuable article or thing (hereinafter referred to as assets)
is seized under section 117, the authorised officer shall,
unless he himself is the Deputy Commissioner of Taxes,
forward a report thereof, together with all relevant
papers, to the Deputy Commissioner of Taxes.

(2) Where he has seized any assets under section 117 or,
as the case may be, he has received a report under sub-
section (1), the Deputy Commissioner of Taxes shall, after
giving the person concerned a reasonable opportunity
of being heard and making such enquiry as 474[ * * *] the
475[ Directors-General of Inspection] or the Commissioner

may direct, within ninety days of the seizure of the assets,

and with the previous approval of the Commissioner-

(a) estimate the undisclosed income (including income

from the undisclosed property), in a summary manner to
the best of his judgement on the basis of such materials
as are available with him;

(b) calculate the amount of tax payable under this

Ordinance on the income so estimated; and

Page 183 of 277

(c) specify the amount that will be required to satisfy any
existing liability under this Ordinance, the Income tax
Act, 1922 (XI of 1922), the Gift-tax Act, 1963 (XIV of 1963),
and the Wealth-tax Act, 1963 (XV of 1963), in respect of
which such person is in default or is deemed to be in
default:

Provided that if, after taking into account the materials

available with him, the Deputy Commissioner of Taxes is
of the view that it is not possible to ascertain to which
particular income year or years such income or any part
thereof relates, he may calculate the tax on such
income or part, as the case may be, as if such income or
part were the total income chargeable to tax at the
rates in force in the financial year in which the assets
were seized.

Explanation.-In computing the period of ninety days for

the purposes of sub-section (2), any period during which
any proceeding under this section is stayed by an order
or injunction of any Court shall be excluded.

(3) After completing the proceedings under sub-section

(2), the Deputy Commissioner of Taxes shall, with the
approval of the Commissioner, make an order requiring
the person concerned to pay the aggregate of the
amounts referred to in sub-section (2)(b) and (c) and
shall, if such person pays, or makes satisfactory
arrangement for the payment of, such amounts or any
part thereof, release the assets seized under section 117
or such part thereof as he may deem fit in the
circumstances of the case.

(4) Where the person concerned fails to pay, or to make

satisfactory arrangements for the payment of, any
amount required to be paid in pursuance of the order
under sub-section (3) or any part thereof, he shall be
deemed to be an assessee in default in respect of the
amount or part, and the Deputy Commissioner of Taxes
may retain in his custody the assets seized under section
117 on any part thereof as are in his opinion sufficient for
the realisation of the said amount or, as the case may
be, of such part thereof as has not been paid.

(5) If the Deputy Commissioner of Taxes is satisfied that

the assets seized under section 117 or any part thereof
were held by a person for or on behalf of any other
person, he may proceed under this section against such

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 other person, and all the provisions of this section shall
apply accordingly.

(6) If any person objects, for any reason, to an order

made under sub-section (3), he may, within thirty days of
the date of such order, make an application, stating
therein the reasons for his objection, to the Commissioner
for appropriate relief in the matter; and the
Commissioner may, after giving the applicant an
opportunity of being heard, pass such orders thereon as
he may think fit.

Application of 119. (1) Where the assets retained under sub-section (4)
retained assets of section 118 consist solely of money, or partly of money
and partly of other assets-

(a) the Deputy Commissioner of Taxes shall first apply

such money towards payment of the amount in respect
of which the person concerned is deemed to be an
assessee in default under that sub-section; and
thereupon such person shall be discharged of his liability
to the extent of the money so applied; and

(b) where, after application of the money under clause

(a), any part of the amount referred to therein remains
unpaid, the Deputy Commissioner of Taxes may recover
the amount remaining unpaid, by sale of such of the
assets as do not consist of money in the manner
movable property may be sold by a Tax Recovery
Officer for the recovery of tax; and for this purposes he
shall have all the powers of a Tax Recovery Officer under
this Ordinance.

(2) Nothing contained in sub-section (1) shall preclude

the recovery of the amount referred to in section 118 (4)
by any other mode provided in this Ordinance for the
recovery of any liability of an assessee in default.

(3) Any assets or proceeds thereof which remain after

the discharge of the liability in respect of the amount
referred to in section 118(4) shall forthwith be made over
or paid to the persons from whose custody the assets
were seized.

Page 185 of 277

Power of 120. (1) The Inspecting Joint Commissioner may call for
Inspecting Joint from the Deputy Commissioner of Taxes and examine the
Commissioner to record of any proceeding under this Ordinance, and, if
revise orders of he considers that any order passed therein by the
Deputy Deputy Commissioner of Taxes is erroneous in so far as it is
Commissioner of prejudicial to the interests of the revenue, he may, after
Taxes giving the assessee an opportunity of being heard, and
after making or causing to be made, such inquiry as he
thinks necessary, pass such order thereon as in his view
the circumstances of the case would justify, including an
order enhancing or modifying the assessment or
cancelling the assessment and directing a fresh
assessment to be made.

(2) No order shall be made under sub-section (1) after

the expiry of four years from the date of the order sought
to be revised.

121 476[ Omitted] 477[ ***] 478[

Power to take 122. (1) The Deputy Commissioner of Taxes, the Joint
evidence on Commissioner of Taxes, the Commissioner 479[ , the
oath, etc Commissioner (Appeals)] and the Appellate Tribunal
shall, for the purposes of this Ordinance, have the same
powers as are vested in a Court under the Code of Civil
Procedure, 1908 (Act V of 1908), when trying a suit in
respect of the following matters, namely:-

(a) discovery and inspection;

Page 186 of 277

 (b) enforcing the attendance of any person and
examining him on oath or affirmation;

(c) compelling the production of accounts or

documents (including accounts or documents relating to
any period prior or subsequent to the income year); and

(d) issuing commissions for the examination of witnesses.

(2) The Deputy Commissioner of Taxes shall not exercise

his powers under this section for the purpose of enforcing
the attendance of an employee of a scheduled bank as
a witness or compelling the production of books of
account of such a bank except with the prior approval
of the Commissioner.

(3) Any authority mentioned in sub-section (1) may

impound and retain in its custody for such period as it
considers fit, any books of accounts or other documents
produced before it in any proceeding under this
Ordinance.

(4) Any proceeding under this Ordinance, before any

authority mentioned in sub-section (1), shall be deemed
to be a judicial proceeding within the meaning of
sections 193 and 228, and for the purposes of section
196, of the Penal Code (Act XLV of 1860).

CHAPTER XV

IMPOSITION OF PENALTY

Penalty for not 123. Where any person has, without reasonable cause,
maintaining failed to comply with the provisions of any order or rule
accounts in the made in pursuance of or for the purposes of section
prescribed 35(2), the Deputy Commissioner of Taxes may impose on
manner him a penalty-

(a) of a sum not exceeding one and a half times the

amount of tax payable by him; and

Page 187 of 277

 (b) where the total income of such person does not
exceed the maximum amount on which tax is not
chargeable, of a sum not exceeding one hundred taka.

Penalty for 480[124. (1) Where any person has, without reasonable
failure to file cause, failed to file a return of income required by or
return, etc under sections 75, 77, 89(2), 91(3) or 93(1), the Deputy
Commissioner of Taxes may impose upon such person a
penalty amounting to ten per cent of tax imposed on
last assessed income subject to a minimum of 481[ taka
one thousand], and in the case of a continuing default a
further penalty of 482[ taka fifty] for every day during
which the default continues.

(2) Where any person has, without reasonable cause,

failed to file or furnish or, as the case may be, obtain and
display within the time laid down therefore,-

(a) any certificate, statement, accounts or information

required by or under sections 58, 108, 109, 483[ or] 110 484[
***] ; or

(b) the tax-payer's identification number (TIN) certificate

under section 184C-

the Deputy Commissioner of Taxes shall impose upon

such person a penalty of taka five hundred and in the
case of a continuing default a further penalty of taka
two hundred and fifty for every month of fraction thereof
during which the default continues 485[ :

Provided that where any person has, without any

reasonable cause, failed to furnish information as
required under section 113, the Deputy Director General,
Central Intelligence Cell or the Deputy Commissioner of
Taxes may impose a penalty of taka twenty five
thousand and in case of a continuing default a further
penalty of taka five hundred for each day.]

Page 188 of 277

Failure to pay 125. Where, in the course of any proceeding in
advance tax, connection with the assessment of tax under Chapter IX,
etc the Deputy Commissioner of Taxes is satisfied that any
person has-

(a) without reasonable cause, failed to pay advance tax

as required by section 64; or

(b) furnished under section 67 any estimate of tax

payable by him which he knew, or had reason to
believe, to be untrue,

he may impose upon such person a penalty of a sum not

exceeding the amount by which the tax actually paid
by him falls short of the amount that should have been
paid.

Penalty for non- 126. Where any person has, without reasonable cause,
compliance with failed to comply with any notice issued under sections
notice 79, 80 486[ under sub-section (1) or (2) of section 83], the
Deputy Commissioner of Taxes may impose on him a
penalty not exceeding the amount of tax chargeable on
the total income of such person.

Failure to pay 127. Where, in the course of any proceeding under this
tax on the basis Ordinance, the Deputy Commissioner of Taxes is satisfied
of return that any person has not paid tax as required by section
74, or the tax paid by him under that section is less than
eighty per cent of the amount payable thereunder, he
may impose upon such person a penalty of a sum not
exceeding twenty-five per cent of the whole of the tax
or, as the case may be, of such portion of the tax as has
not been paid.

Page 189 of 277

Penalty for 128. (1) Where, in the course of any proceeding under
concealment of this Ordinance, the Deputy Commissioner of Taxes, the
income Appellate Joint Commissioner 487[ , the Commissioner
(Appeals)] or the Appellate Tribunal is satisfied that any
person has, either in the said proceeding or in any earlier
proceeding relating to an assessment in respect of the
same income year,-

(a) concealed particulars of his income or furnished

inaccurate particulars of such income; or

(b) understated the value of any immovable property in

connection with its sale or transfer with a view to evading
tax,

488[he or it shall impose upon such person a penalty of

ten percent] of tax which would have been avoided
had the income as returned by such person or, as the
case may be, the value of the immovable property as
stated by him been accepted as correct 489[ :

490[Provided that if the concealment referred to in

clause (a) and (b) of this sub-section or sub-section (2) is
detected after a period of more than one year from the
year in which the concealment was first assessable to
tax, the amount of penalty shall increase by an
additional ten percent for each preceeding assessment
year.]

(2) For the purpose of sub-section (1), concealment of

particulars of income or furnishing of inaccurate
particulars of income shall include,-

(a) the suppression of any item of receipt liable to tax in

whole or in part, or

(b) showing any expenditure not actually incurred or

claiming any deduction therefore.

(2A) [Omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং

আiন).]

(3) [Omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং

আiন).]

Page 190 of 277

491[ Omitted] 129. [Incorrect distribution of income by registered firm.-
Omitted by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন).]

Bar to imposition 130. No order imposing a penalty under this Chapter shall
of penalty be made on any person unless such person has been
without hearing heard or has been given a reasonable opportunity of
being heard.

Previous 131. The Deputy Commissioner of Taxes shall not impose

approval of any penalty under this Chapter without the previous
Inspecting Joint approval of the Inspecting Joint Commissioner except in
Commissioner the cases referred to in section 124 492[ .]
for imposing
penalty

Previous 131A. [Previous approval of the Board for imposing

approval of the penalty.- Omitted by section 4 of aর্থ আiন, 1996 (1996 সেনর 18
Board for নং আiন).]
imposing
penalty

Orders of 132. The Appellate Joint Commissioner, 493[ or the

Appellate Joint Commissioner (Appeals)] or the Appellate Tribunal

Page 191 of 277

Commissioner, making an order imposing any penalty under this
etc, to be sent to Chapter shall forthwith send a copy of the order to the
Deputy Deputy Commissioner of Taxes, and thereupon all the
Commissioner of provisions of this Ordinance relating to the recovery of
Taxes penalty shall apply as if such order were made by the
Deputy Commissioner of Taxes.

Penalty to be 133. The imposition on any person of any penalty under

without this Chapter shall be without prejudice to any other
prejudice to liability which such person may incur, or may have
other liability incurred, under this Ordinance or under any other law for
the time being in force.

CHAPTER XVI

RECOVERY OF TAX

Tax to include 134. For the purposes of this Chapter, “tax” includes any
penalty, interest, sum imposed, levied or otherwise payable under this
etc Ordinance as penalty, fine, interest, fee or otherwise;
and the provisions of this chapter shall accordingly apply
to the recovery of any such sum.

Notice of 135. (1) Where any tax is payable in consequence of any

demand assessment made or any order passed under or in
pursuance of this Ordinance, the Deputy Commissioner
of Taxes shall serve upon the assessee (which expression
includes any other person liable to pay such tax) a
notice of demand in the prescribed form specifying
therein the sum payable and the time within which, and
the manner in which, it is payable, together with a copy
of an assessment order.

494[
(1A) Where any amount of tax is refundable in
consequence of any order, 495[ ***] the Deputy

Page 192 of 277

Commissioner of Taxes shall specify in the notice referred
to in sub-section (1) the sum refundable to the assessee
together with a copy of an assessment order and a
refund voucher unless such refund is set off against tax as
per provision of section 152.]

496[(1B) The Deputy Commissioner of Taxes shall not set

off without giving the assessee an opportunity of being
heard and in that case refund voucher for the amount
due for refund, if any, shall be issued within a period not
exceeding thirty days from the date of assessment.

(1C) Where the Deputy Commissioner of Taxes fails to

issue refund voucher for any refund due to an assessee
within the time specified in this section, such failure on
the part of the Deputy Commissioner of Taxes shall be
construed as misconduct.]

(2) Where the assessee upon whom a notice of demand

has been issued under sub-section (1) makes an
application in this behalf before the expiry of the date of
payment specified in the notice, the Deputy
Commissioner of Taxes may extend the time for payment
or allow payment by instalments subject to such
conditions, including payment of interest on the amount
payable, as he may think fit in the circumstances of the
case.

(3) If the sum payable is not paid within the time

specified in the notice of demand issued under sub-
section (1) or, as the case may be, within the time as
extended under sub-section (2), the assessee shall be
deemed to be in default:

Provided that where the assessee has presented an

appeal under this Ordinance in respect of the
assessment of imposition of the tax or of the amount
thereof, 497[ the Deputy Commissioner of Taxes shall] treat
the assessee as not being in default for so long as such
appeal is not disposed of.

(4) If, in a case where payment by instalment has been

allowed under sub-section (2), the assessee commits
default in paying any one of the instalments within the
time fixed therefore, the assessee shall be deemed to be
in default as to the whole of the amount then
outstanding, and the other instalment or instalments shall
be deemed to have been due on the same date as the

Page 193 of 277

 instalment in respect of which default has actually been
committed was due for payment.

(5) Where an assessee has been assessed in respect of

income arising outside Bangladesh in a country the laws
of which prohibit or restrict the remittance of money to
Bangladesh, the Deputy Commissioner of Taxes shall not
treat the assessee as in default in respect of that part of
the tax which is due in respect of such amount of
income as cannot, by reason of the prohibition or
restriction, be brought into Bangladesh, and shall
continue to treat the assessee as not in default in respect
of such part of the tax until the prohibition or restriction is
removed.

Explanation.-For the purposes of this section, income shall

be deemed to have been brought into Bangladesh if it
has been or could have been utilized for the purposes of
any expenditure actually incurred by the assessee
outside Bangladesh or if the income, whether capitalized
or not, has been brought into Bangladesh in any form.

498[ Omitted] 136. [Simple interest on delayed payment.- Omitted by

section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন).]

Penalty for 137. (1) Where an assessee is in default or is deemed to

default in be in default in making payment of tax, the Deputy
payment of tax Commissioner of Taxes may direct that, in addition to the
amount of tax in arrears, a sum not exceeding that
amount shall be recovered from the assessee by way of
penalty.

(2) Where, as a result of any final order, the amount of

tax, with respect to the default in the payment of which
the penalty was levied, has been wholly reduced, the
penalty levied shall be cancelled and the amount of

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 penalty paid shall be refunded.

Certificate for 138. (1) When an assessee is in default or is deemed to

recovery of tax be in default in making payment of tax, the Deputy
Commissioner of Taxes may forward to the Tax Recovery
Officer a certificate for recovery of the tax, under his
signature specifying the amount of arrears due from the
assessee; and such certificate may be issued
notwithstanding that proceedings for recovery of the
arrears by any other mode have been taken.

(2) A certificate under sub-section (1) may be forwarded

to-

(a) the Tax Recovery Officer within whose jurisdiction the

assessee carried on his business or profession or the
principal place of business or profession of the assessee is
situate; or

(b) the Tax Recovery Officer within whose jurisdiction the

assessee resides or any movable or immovable property
of the assessee is situate; or

(c) the Tax Recovery Officer who has jurisdiction in

relation to the assessee whose income is assessable by
the Deputy Commissioner of Taxes forwarding the
certificate.

Method of 139. (1) Upon receipt of a certificate forwarded to him

recovery by Tax under section 138, the Tax Recovery Officer shall,
Recovery Officer notwithstanding anything contained in any other law for
the time being in force, proceed, in accordance with
the rules made in this behalf by the Board, to recover
from the assessee the amount specified in the certificate
by one or more of the following modes, namely:-

(a) attachment and sale, or sale without attachment, of

any movable or immovable property of the assessee;

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 (b) arrest of the assessee and his detention in prison;

(c) appointment of a receiver for the management of

the movable and immovable properties of the assessee.

499[
(2) While recovering under sub-section (1) the
amount specified in the certificate forwarded to him, the
Tax Recovery Officer may also recover in the same
manner from the assessee in default, in addition to such
amount, any cost and charges, including expenses on
the service of any notice or warrant, incurred in the
proceedings for the recovery of the tax in arrears.]

(a) the interest for which the assessee is liable under

section 136; and

(b) any cost and charges, including expenses on the

service of any notice or warrant, incurred in the
proceedings for the recovery of the tax in arrears.

(3) If the Tax Recovery Officer to whom a certificate is

forwarded under section 138 is not able to recover the
entire amount by the sale of movable and immovable
properties of the assessee within his jurisdiction, but has
information that the assessee has property within the
jurisdiction of another Tax Recovery Officer, he may send
the certificate to such other Tax Recovery Officer or to
the Tax Recovery Officer within whose jurisdiction the
assessee resides; and the Tax Recovery Officer to whom
the certificate has been so sent shall proceed to recover
under this Chapter the amount remaining un-recovered
as if the certificate was forwarded to him by the Deputy
Commissioner of Taxes.

Power of 140. (1) Notwithstanding the issue of a certificate for

withdrawal of recovery under section 138, the Deputy Commissioner of
certificate and Taxes shall have power to withdraw, or correct any
stay of clerical or arithmetical error in the certificate by sending
proceeding an intimation to that effect to the Tax Recovery Officer.

(2) Where the order giving rise to a demand of tax for

which a certificate for recovery has been issued has

Page 196 of 277

 been modified in appeal or other proceedings under this
Ordinance and, as a consequence thereof, the demand
is reduced but the order is the subject-matter of further
proceedings under this Ordinance, the Deputy
Commissioner of Taxes shall stay the recovery of such
part of the amount of the certificate as pertains to the
said reduction for the period for which the appeal or
other proceedings remain pending.

(3) Where a certificate for recovery has been issued and

subsequently the amount of outstanding demand is
reduced as a result of appeal or other proceedings
under this Ordinance, the Deputy Commissioner of Taxes
shall, when the order, which was the subject-matter of
such appeal or other proceeding, has become final and
conclusive, amend the certificate or withdraw it, as the
case may be.

(4) The Deputy Commissioner of Taxes shall

communicate to the Tax Recovery Officer any orders of
cancellation, correction, stay of proceeding, withdrawal
or amendment, as the case may be, of a certificate for
recovery.

Validity of 141. When the Deputy Commissioner of Taxes forwards a

certificate for certificate for recovery under section 138 to a Tax
recovery not Recovery Officer, it shall not be open to the assessee to
open to dispute dispute before the Tax Recovery Officer the correctness
of the assessment; and the Tax Recovery Officer shall not
entertain any objection to the certificate on any ground
whatsoever.

Recovery of tax 142. (1) The Deputy Commissioner of Taxes may forward
through to the Collector of the District in which the office of the
Collector of Deputy Commissioner of Taxes is situate or the district in
District which the assessee resides or owns property or carries on
business or profession, a certificate under his signature
specifying the amount of arrears due from an assessee,

Page 197 of 277

 and the Collector, on receipts of such certificate shall
proceed to recover, from such assessee the amount
specified therein as if it were an arrear of land revenue.

(2) Without prejudice to any other powers which the

Collector of District may have in this behalf, he shall, for
the purposes of recovery of the amount specified in the
certificate for recovery forwarded to him under sub-
section (1), have the powers which a Civil Court has
under the Code of Civil Procedure, 1908 (Act V of 1908),
for the purposes of recovery of an amount due under a
decree.

(3) The Deputy Commissioner of Taxes may, at any time,

recall from the Collector of District a certificate
forwarded to him under sub-section (1) and upon such
recall, all proceeding commenced in pursuance of the
certificate shall abate:

Provided that the recall of a certificate shall not affect

any recoveries made by the Collector before the recall
as if the certificate had not, to the extent of such
recovery, been recalled; nor shall the recall of a
certificate issued at any time prevent the recovery, by
issue of a fresh certificate, of any amount which was
recoverable at the time the certificate so recalled was
issued.

Recovery of tax 500[142A. (1) Without prejudice to the provisions of

through Special section 142, the Deputy Commissioner of Taxes may
Magistrates forward to a Magistrate of the First Class, specially
empowered in this 501[ * * *] behalf by the Government,
hereinafter referred to as the Special Magistrate, in
whose territorial jurisdiction the office of the Deputy
Commissioner of Taxes is situate, or the assessee resides,
or owns property or carries on business or profession, a
certificate under his signature specifying the amount of
arrears due from the assessee, and the Special
Magistrate shall, on receipt of such certificate, proceed
to recover from the assessee the amount specified
therein as if it were an arrear of land revenue and the
Special Magistrate were a Collector of District.

Page 198 of 277

 (2) Without prejudice to any other powers of a Collector
of District which the Special Magistrate may have in this
behalf, he shall, for the purposes of recovery of the
amount specified in the certificate for recovery
forwarded to him under sub-section (1), have the powers
which a Civil Court has under the Code of Civil
Procedure, 1908 (Act V of 1908), for the purpose of
recovery of an amount due under a decree.

(3) The Deputy Commissioner of Taxes may, at any time,

recall from the Special Magistrate a certificate
forwarded to him under sub-section (1) and upon such
recall, all proceedings commenced in pursuance of the
certificate shall abate:

Provided that the recall of a certificate shall not affect

any recoveries made by the Special Magistrate before
the recall as if the certificate had not, to the extent of
such recovery, been recalled; nor shall the recall of a
certificate issued at any time prevent the recovery, by
issue of a fresh certificate of any amount which was
recoverable at the time the certificate so recalled was
issued.]

Other modes of 143. (1) Notwithstanding the issue of a certificate for

recovery recovery of tax under section 138 or section 142, the
Deputy Commissioner of Taxes may also recover the tax
in the manner provided 502[ in sub-section (1A) or (2)].

503[(1A) For the purpose of recovery of tax payable by

an assessee which is not disputed in appeal to any
appellate forum, the Deputy Commissioner of Taxes
may, with the previous approval of the Commissioner,
after giving the assessee an opportunity of being heard,
stop movement of any goods and services from the
business premises of such assessee and also shutdown
such business premises till the recovery of the tax referred
to above or any satisfactory arrangement has been
made for the recovery of such tax.]

(2) For the purposes of recovery of any tax payable by

an assessee, the Deputy Commissioner of Taxes may, by
notice in writing, require any person.-

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(a) from whom 504[ any money or goods] is due or may
become due to the assessee, or who holds, or controls
the receipt or disposal of, or may subsequently hold, or
control the receipt or disposal of, 505[ any money or
goods] belonging to, or on account of, the assessee, to
pay to the Deputy Commissioner of Taxes the sum
specified in the notice on or before the date specified
therein for such payment; or

(b) Who is responsible for payment of any sum to the

assessee classifiable as income of the assessee under the
head “Salaries”, to deduct from any payment
subsequent to the date of the notice, any arrear of tax
due from the assessee, and to pay the sum so deducted
to the credit of the Government.

(3) A person who has paid any sum as required by sub-

section (2) (a) shall be deemed to have paid such sum
under the authority of the assessee and the receipt by
the Deputy Commissioner of Taxes shall constitute a
good and sufficient discharge of the liability of such
person to the assessee to the extent of the sum specified
in the receipt.

(4) A person who has deducted any sum as required by

sub-section (2) (b) shall be deemed to have deducted
the tax under section 50 and the relevant provisions of
Chapter VII shall apply accordingly.

(5) If the person to whom a notice under sub-section (2)

is sent fails to make payment or to make deductions in
pursuance of the notice, he shall be deemed to be an
assessee in default in respect of the amount specified in
the notice and proceedings may be taken against him
for realisation of the amount as if it were an arrear of tax
due from him; and the provisions of this Chapter shall
apply accordingly.

(6) The Deputy Commissioner of Taxes may at any time

amend or revoke any notice issued under sub-section (2)
or extend the time for making any payment in pursuance
of such notice.

(7) In any area with respect to which the Commissioner

has directed that any arrears may be recovered by any
process enforceable for the recovery of an arrear of any
municipal tax or local rate imposed under any

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 enactment for the time being in force in any part of
Bangladesh, the Deputy Commissioner of Taxes may
proceed to recover the amount due by such process.

(8) The Commissioner may direct by what authority any

powers or duties incident under any such enactment as
aforesaid to the enforcement of any process for the
recovery of a municipal tax or local rate shall be
exercised or performed when that process is employed
under sub-section (7).

Explanation.-For the removal of doubts it is hereby

clarified that the several modes of recovery specified in
this Chapter are neither mutually exclusive nor affect in
any way any other law for the time being in force
relating to the recovery of debts due to Government,
and it shall be lawful for the Deputy Commissioner of
Taxes, if for any special reasons to be recorded by him,
to have recourse to any such mode of recovery
notwithstanding that the tax due is being recovered from
an assessee by any other mode.

CHAPTER XVII

DOUBLE TAXATION RELIEF

Agreement to 144. (1) The Government may enter into an agreement

avoid double with the Government of any other country for the
taxation avoidance of double taxation and the prevention of
fiscal evasion with respect to taxes on income leviable
under this Ordinance and under the corresponding law
in force in that country, and may, by notification in the
official Gazette, make such provisions as may be
necessary for implementing the agreement.

(2) Where any such agreement as is referred to in sub-

section (1) is made with the Government of any country,
the agreement and the provisions made for
implementing it shall, notwithstanding anything
contained in any other law for the time being in force,
have effect in so far as they provide for-

(a) relief from the tax payable under this Ordinance;

(b) determining the income accruing or arising, or

Page 201 of 277

 deemed to be accruing or arising, to non-residents from
sources within Bangladesh;

(c) where all the operations of business or profession are

not carried on within Bangladesh, determining the
income attributable to operations carried on within or
outside Bangladesh, or the income chargeable to tax in
Bangladesh in the hands of non-residents, including their
agencies, branches or establishments in Bangladesh;

(d) determining the income to be attributable to any

person resident in Bangladesh having any special
relationship with a non-resident;

(e) recovery of tax leviable under this Ordinance and

under the corresponding law in force in that country; or

(f) exchange of information for the prevention of fiscal

evasion or avoidance of tax on income chargeable
under this Ordinance and under the corresponding law
in force in that country.

(3) Any agreement made in pursuance of sub-section (1)

may include provisions for relief from tax for any period
before the commencement of this Ordinance or before
the making of the agreement and provisions as to
incomes which are not themselves subject to double
taxation.

(4) The provisions of the Seventh Schedule shall have

effect where an agreement under this section provides
that the tax payable under the laws of the country
concerned shall be allowed as a credit against the tax
payable in Bangladesh.

Relief in respect 145. If any person who is resident in Bangladesh in any

of income year proves to the satisfaction of the Deputy
arising outside Commissioner of Taxes that, in respect of any income
Bangladesh which has accrued or arisen to him during that year
outside Bangladesh, he has paid tax, by deduction or
otherwise, in any country with which there is no
reciprocal arrangement for relief or avoidance of double
taxation, the Deputy Commissioner of Taxes may, subject

Page 202 of 277

 to such rules as the Board may make in this behalf,
deduct from the tax payable by him under this
Ordinance a sum equal to the tax calculated on such
doubly taxed income at the average rate of tax of
Bangladesh or the average rate of tax of the said
country, whichever is the lower.

Explanation.-The expression “average rate of tax” means

the rate arrived at by dividing the amount of tax
calculated on the total income by such income.

CHAPTER XVIII

REFUNDS

Entitlement to 146. (1) A person, who satisfies the Deputy Commissioner

refund of Taxes or other authority appointed by the
Government in this behalf that the amount of tax paid
by him or on his behalf, or treated as paid by him or on
his behalf, for any year exceeds the amount with which
he is properly chargeable under this Ordinance for that
year, shall be entitled to a refund of any such excess.

(2) Where the income of the person is included under

any provision of this Ordinance in the total income of
any other person, such other person alone shall be
entitled to a refund under this Chapter in respect of such
income.

Claim of refund 147. Where through death incapacity, insolvency,

for deceased or liquidation or other cause, a person, is unable to claim or
disabled receive any refund due to him, his legal representative,
persons or the trustee, guardian or receiver, as the case may be,
shall be entitled to claim or receive such refund for the
benefit of such person or his estate.

Page 203 of 277

Correctness of 148. In any claim for refund under this Chapter, it shall
assessment, etc, not be open to the claimant to question the correctness
not to be or validity of any assessment or other matter which has
questioned become final and conclusive or to ask for a review of the
same, and the claimant shall not be entitled to any relief
on any such issue raised except refund of the tax paid in
excess.

Refund on the 149. Where, as a result of any order passed in appeal or

basis of orders in other proceeding under this Ordinance, refund of any
appeal amount becomes due to an assessee, the Deputy
Commissioner of Taxes shall, 506[ refund the amount,
unless set off against tax or treated as payment of tax as
per provisions of section 152,] to 507[ the assessee, 508[
within sixty days] from the date on which the refund has
become due] without his having to make any claim in
that behalf.

Form of claim 150. (1) Every claim for refund 509[ under sections 146 and
and limitation 147] shall be made in such form and verified in such
manner as may be prescribed.

(2) [Omitted by section 60 of aর্থ আiন, 2002 (2002 সেনর 14 নং

আiন).]

Interest on 151. Where a refund due to an assessee is not paid within

delayed refund two months of the date of the 510[ * * *] 511[ claim for
refund or refund becoming due consequent upon any

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 order passed in appeal or other proceeding under this
Ordinance] interest at the rate of 512[ seven and a half
per cent] per annum shall be payable to the assessee on
the amount of refund from the month following the said
two months to the date of issue of the refund.

Adjustment of 152. Where, under the provisions of this Ordinance, the

refund against Income-tax Act, 1922 (XI of 1922), the Gift-tax Act, 1963
tax (XIV of 1963), or the Wealth-tax Act, 1963 (XV of 1963),
any refund or repayment is found to be due to any
person, the amount to be refunded or repaid or any part
thereof may be set off against the tax, payable by that
person under this Ordinance 513[ or treated, at the option
in writing of that person, as payment of tax payable
under section 64 or section 74 thereof].

CHAPTER XVIIIA

[SETTLEMENT OF CASES.- Omitted]

514[ Omitted] 152A, 152B, 152C, 152D and 152E [Omitted by section 61
of the Finance Act, 2002 (Act No. XIV of 2000)]

CHAPTER XIX

APPEAL AND REFERENCE

Appeal against 153. (1) Any 516[ assessee, not being a company,
order of Deputy aggrieved] by any order of a Deputy Commissioner of
Commissioner of Taxes in respect of the following may prefer an appeal to
Taxes 515[ and the Appellate Joint Commissioner against such order,
Inspecting Joint namely,-
Commissioner]
(a) the amount of loss computed under section 37;

(b) assessment of income, determination of liability to

pay, or computation of tax including advance tax;

Page 205 of 277

(c) imposition of interest under section 73;

(d) refusal to register a firm or cancellation of registration

under section 84 or 111;

517[
(e) imposition of penalty under sections 518[ 124, 125,
126, 127 519[ , 128] or 137]; and]

(f) refusal to allow a claim to a refund or the

determination of the amount of refund admissible under
Chapter XVIII.

520[
(1A) Any assessee, being a company, aggrieved by
any order of a Deputy Commissioner of Taxes or 521[ any
assessee aggrieved by any order] of an Inspecting Joint
Commissioner in respect of the following may prefer an
appeal to the Commissioner (Appeals) against such
order, namely:-

(a) any matter specified in clauses (a), (b), (c) and (f) of
sub-section (1);

(b) imposition of penalty under Chapter XV 522[ or section

137];

(c) assessment under section 10 or 120.

(1B) Notwithstanding anything contained in any other

law for the time being in force, all such appeals pending
before an Appellate Joint Commissioner at the time of
the commencement of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন), as
are appealable under this section to a Commissioner
(Appeals) shall be heard and disposed of by the
Appellate Joint Commissioner as if this section were not
amended by aর্থ আiন, 1990|

(1C) Notwithstanding anything contained in sub-section

(1) or (1A), the Board may, on an application or on its
own motion, transfer an appeal from an Appellate Joint
Commissioner to a Commissioner (Appeals) or from a
Commissioner (Appeals) to an Appellate Joint
Commissioner.]

(2) Where the partners of a firm are individually

assessable on their shares in the total income of the firm,
any such partner may appeal to the Appellate Joint

Page 206 of 277

 Commissioner against the order of the Deputy
Commissioner of Taxes determining the amount of total
income or loss of the firm or the apportionment thereof
between several partners but he may not agitate in any
such appeal, matters relating to assessment of his own
total income.

523[ (3) No appeal shall lie against any order of

assessment under this section, unless the tax payable on
the basis of return under section 74 has been paid before
filing that appeal.]

Form of appeal 154. (1) Every appeal under section 153 shall be drawn
and limitation up in such form and verified in such manner as may be
prescribed and shall be accompanied by a fee of 524[
two hundred taka].

(2) Subject to sub-section (3), an appeal shall be

presented within 525[ forty five days],-

(a) if it relates to any assessment or penalty, from the

date of service of the notice of demand relating to the
assessment or penalty, as the case may be; and

(b) in any other case, from the date on which the

intimation of the order to be appealed against is served.

(3) The Appellate Joint Commissioner 526[ or the

Commissioner (Appeals), as the case may be,] may
admit an appeal after the expiration of the period of
limitation specified in sub-section (2) if he is satisfied that
the appellant was prevented by sufficient cause from
presenting the appeal within that period.

Procedure in 155. (1) The Appellate Joint Commissioner 528[ or the

appeal before Commissioner (Appeals)] shall fix a day and place for the
the Appellate hearing of the appeal and give notice thereof to the
Joint appellant and the Deputy Commissioner of Taxes against

Page 207 of 277

Commissioner whose order the appeal has been preferred.
527[ or the

Commission (2) The appellant and the Deputy Commissioner of Taxes

(Appeals)] shall have the right to be heard at the hearing of the
appeal either in person or by a representative.

(3) The Appellate Joint Commissioner 529[ or the

Commissioner (Appeals)] may, if he considers it
necessary to do so, adjourn the hearing of the appeal
from time to time.

(4) The Appellate Joint Commissioner 530[ or the

Commissioner (Appeals)] may, before or at the hearing
of an appeal, allow the appellant to go into any ground
of appeal not earlier specified in the grounds of appeal
already filed if he is satisfied that the commission of that
ground from the form of appeal was not wilful or
unreasonable.

(5) The Appellate Joint Commissioner 531[ or the

Commissioner (Appeals)] may, before or at the hearing
of an appeal, make such enquiry as he thinks fit or call
for such particulars as he may require respecting the
matters arising in appeals or cause further enquiry to be
made by the Deputy Commissioner of Taxes.

(6) While hearing an appeal the Appellate Joint

Commissioner 532[ or the Commissioner (Appeals)] shall
not admit any documentary material or evidence which
was not produced before the Deputy Commissioner of
Taxes unless he is satisfied that the appellant was
prevented by sufficient cause from producing such
material or evidence before the Deputy Commissioner of
Taxes.

Decision in 156. (1) In disposing of an appeal, the Appellate Joint

appeal by the Commissioner 534[ or the Commissioner (Appeals)] may-
Appellate Joint
Commissioner (a) in the case of an order of assessment, confirm,
533[ or the reduce, enhance, set aside or annual the assessment;
Commission
(Appeals)] (b) in the case of an order imposing a penalty, confirm,
set aside or cancel such order or vary it so as either to

Page 208 of 277

enhance or to reduce the penalty; and

(c) in any other case, pass such order as he thinks fit 535[ :

Provided that an order of assessment or penalty shall not

be set aside except in a case where the Appellate Joint
Commissioner or the Commissioner (Appeals) is satisfied
that a notice on the assessee has not been served in
accordance with the provisions of section 178.]

(2) The Appellate Joint Commissioner 536[ or the

Commissioner (Appeals)] shall not enhance as
assessment or a penalty or reduce the amount of refund
unless the appellant has been given a reasonable
opportunity of showing cause against such
enhancement or reduction.

(3) The order of the Appellate Joint Commissioner 537[ or

the Commissioner (Appeals)] disposing of an appeal
shall be in writing and shall state the points for
determination, the decision thereon and the reasons for
the decision.

(4) Where, as a result of an appeal, any charge is made

in the assessment of a firm or an association of persons,
the Appellate Joint Commissioner 538[ or the
Commissioner (Appeals)] may direct the Deputy
Commissioner of Taxes to amend accordingly any
assessment made on any partner of the firm or any
member of the association.

(5) On the disposal of an appeal, the Appellate Joint

Commissioner 539[ or the Commissioner (Appeals)] shall
communicate the order passed by him to the appellant,
the Deputy Commissioner of Taxes and the
Commissioner 540[ within 541[ thirty days] of the passing of
such order].

(6) Notwithstanding anything contained in this

Ordinance, an appeal to the Appellate Joint
Commissioner [or the Commissioner (Appeals)] shall be
deemed to have been allowed if the Appellate Joint
Commissioner 542[ or the Commissioner (Appeals)] fails to
make an order thereon within 543[ ninety days from the
end of the month] on which the appeal was filed. 544[

Page 209 of 277

Appeal against 157. Any person aggrieved by an order of the Tax
order of Tax Recovery Officer under section 139 may, within thirty
Recovery Officer days from the date of service of the order, appeal to the
Inspecting Joint Commissioner to whom the Tax
Recovery Officer is subordinate, and the decision of the
Inspecting Joint Commissioner on such appeal shall be
final.

Appeal to the 158. (1) An assessee may appeal to the Appellate

Appellate Tribunal if he is aggrieved by an order of-
Tribunal
(a) an Appellate Joint Commissioner 545[ or the
Commissioner (Appeals), as the case may be,] under
section 128 or 156;

546[ * * *]

547[(2) No appeal under sub-section (1) shall lie against

an order of the Appellate Joint Commissioner or the
Commissioner (Appeals), as the case may be, unless the
assessee has paid 548[ ten percent] of the amount
representing the difference between the tax as
determined on the basis of the order of the Appellate
Joint Commissioner or the Commissioner (Appeals), as
the case may be, and the tax payable under section 549[
.

***]

550[(2A) The Deputy Commissioner of Taxes may, with the

prior approval of the Board, prefer an appeal to the
Appellate Tribunal against the order of an Appellate
Joint Commissioner, or the Commissioner (Appeals)
under section 156.]

(3) 551[ Omitted by section 63 of aর্থ আiন, 2002 (2002 সেনর 14 নং

আiন)].

552[ (4) Every appeal under 553[ sub-section (1) or sub-

Page 210 of 277

 section (2A)] 554[ * * *] shall be filed within sixty days of the
date on which the order sought to be appealed against
is communicated to the assessee or to the commissioner,
as the case may be:

Provided that the Appellate Tribunal may admit an

appeal after the expiry of sixty days if it is satisfied that
there was sufficient cause for not presenting the appeal
within that period.]

(5) An appeal to the Appellate Tribunal shall be in such

form and verified in such manner as may be prescribed
555[ and shall, except in the case of an appeal under sub-

section (2A)] 556[ * * *] be accompanied by a fee of [one

thousand] taka.

Disposal of 159. (1) The Appellate Tribunal may, after giving both the
appeal by the parties to the appeal an opportunity of being heard,
Appellate pass such orders on the appeal as it thinks fit.
Tribunal
(2) Before disposing of any appeal, the Appellate
Tribunal may call for such particulars as it may require
respecting the matters arising in the appeal or cause
further enquiry to be made by the Deputy Commissioner
of Taxes.

(3) Where, as a result of the appeal, any change is made

in the assessment of a firm or association of persons, or a
new assessment of a firm or association of person, is
ordered to be made, the Appellate Tribunal may direct
the Deputy Commissioner of Taxes to amend
accordingly any assessment made on any partner of the
firm or any member of the association.

(4) The Appellate Tribunal shall communicate its order on

the appeal 557[ to the assessee and to the Commissioner
within 558[ thirty days] from the date of such order].

(5) Save as hereafter provided in this Chapter, the orders

passed by the Appellate Tribunal on appeal shall be
final.

559[ (6) Notwithstanding anything contained in this

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 Ordinance an appeal filed by an assessee to the
Appellate Tribunal shall be deemed to have been
allowed if the Appellate Tribunal fails to make an order
thereon within a period of 560[ six months] from the end of
the month in which the appeal was filed]:

Provided that the provisions of this sub-section shall not

apply to an appeal filed by an assessee at any time
before the 1st day of July, 1991 561[ :

Provided further that the provisions of this sub-section

shall, in relation to an appeal filed by an assessee at any
time during the period between the first day of July, 1995
and the thirtieth day of June, 1996 (both days inclusive),
have effect as if for the words “two years” the words
“three years” were substituted on the day on which
section 21 of aর্থ আiন, 1991 (1991 সােলর 21 নং আiন)) came into
force 562[ :

Provided further that the provisions of this sub-section

shall, in relation to an appeal filed by an assessee on or
after the first day of July, 1999, have effect as if for the
words “two years from the end of the year” the words
“two years from the end of the month” were substituted
563[ :

Provided further that the provisions of this sub-section

shall, in relation to an appeal filed by an assessee before
the first day of July, 2002, have effect as if the words “six
months from the end of the month in which appeal was
filed” were substituted by the words “one year from the
end of the year in which appeal was filed:

Provided further that the appeals filed by the Deputy

Commissioner of Taxes on or before the thirtieth day of
June, 2002 on which no order was passed by the
Appellate Tribunal till that date shall be deemed to have
been withdrawn from first of July, 2002]] 564[

Reference to the 160. (1) The assessee or the Commissioner may, 565[ within
High Court ninety days] from the date of receipt of the order of the
Division Appellate Tribunal communicated to him under section
159, by application in the prescribed form,

Page 212 of 277

accompanied, in the case of an application by the
assessee, by a fee of 566[ two thousand taka], refer to the
High Court Division any question of law arising out of
such order 567[ :

568[ * * *]]

(2) An application under sub-section (1) shall be in

triplicate and shall be accompanied by the following
documents, namely:-

(a) certified copy, in triplicate, of the order of the

Appellate Tribunal out of which the question of law has
arisen;

(b) certified copy, in triplicate, of the order of the Deputy

Commissioner of Taxes, the Inspecting Joint
Commissioner or the Appellate Joint Commissioner 569[ or
the Commissioner (Appeals)], as the case may be, which
was the subject-matter of appeal before the Appellate
Tribunal; and

(c) certified copy, in triplicate, of any other document

the contents of which are relevant to the question of law
formulated in the application and which was produced
before the Deputy Commissioner of Taxes, the Inspecting
Joint Commissioner, the Appellate Joint Commissioner
570[ or the Commissioner (Appeals)] or the Appellate

Tribunal, as the case may be, in the course of any

proceedings relating to any order referred to in clause
(a) or (b).

(3) Where the assessee is the applicant, the

Commissioner shall be made a respondent; and where
the Commissioner is the applicant the assessee shall be
made a respondent:

Provided that where an assessee dies or is succeeded by

another person or is a company which is being wound
up, the application shall not abate and may, if the
assessee was the applicant, be continued by, and if he
was the respondent, be continued against, the executor,
administrator or successor or other legal representative
of the assessee, or by a against the liquidator or receiver,
as the case may be.

(4) On receipt of the notice of the date of hearing of the

application, the respondent shall, at least seven days

Page 213 of 277

 before the date of hearing submit in writing a reply to the
application; and he shall therein specifically admit or
deny whether the question of law formulated by the
applicant arises out of the order of the Appellate
Tribunal.

(5) If the question formulated by the applicant is, in the

opinion of the respondent, defective, the reply shall state
in what particular the question is defective and what is
the exact question of law, if any, which arises out of the
said order; and the reply shall be in triplicate and he
accompanied by any documents which are relevant to
the question of law formulated in the application and
which were produced before the Deputy Commissioner
of Taxes, the Inspecting Joint Commissioner, the
Appellate Joint Commissioner 571[ , the Commissioner
(Appeals)] or the Appellate Tribunal, as the case may
be, in the course of any proceedings relating to any
order referred to in sub-section (2)(a) or (b).

(6) Section 5 of the Limitation Act, 1908 (IX of 1908), shall

apply to an application under sub-section (1).

Decision of the 161. (1) Where any case has been referred to the High
High Court Court Division under section 160, it shall be heard by a
Division Bench of not less than two judges and the provisions of
section 98 of the Code of Civil Procedure, 1908 (V of
1908), shall, so far as may be, apply in respect of such
case.

(2) The High Court Division shall, upon hearing any case
referred to it under section 160, decide the questions of
law raised thereby and shall deliver its judgment thereon
stating the grounds on which such decision is founded
and shall send a copy of such judgment under the seal
of the Court and the signature of the Registrar to the
Appellate Tribunal which shall pass such orders as are
necessary to dispose of the case in conformity with the
judgment.

(3) The costs in respect of a reference to the High Court

Division under section 160 shall be in the discretion of the
Court.

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 (4) Notwithstanding that a reference has been made
under section 160 to the High Court Division, tax shall be
payable in accordance with the assessment made in the
case unless the recovery thereof has been stayed by the
High Court Division.

Appeal to the 162. (1) An appeal shall lie to the Appellate Division from
Appellate any judgment of the High Court Division delivered under
Division section 161 in any case which the High Court Division
certifies to be a fit one for appeal to the Appellate
Division 572[ :

573[ * * *]]

(2) The provisions of the Code of Civil Procedure, 1908

(Act V of 1908), relating to appeals to the Appellate
Division shall, so far as may be, apply in the case of
appeals under this section in like manner as they apply in
the case of appeals from decrees of the High Court
Division:

Provided that nothing in this sub-section shall be deemed

to affect the provision of section 161(2) or (4):

Provided further that the High Court Division may, on

petition made for the execution of the order of the
Appellate Division in respect of any costs awarded
thereby, transmit the order for execution to any Court
subordinate to the High Court Division.

(3) Where the judgment of the High Court Division is

varied or reversed in appeal under this section, effect
shall be given to the order of the Appellate Division in the
manner provided in section 161 (2) and (4) in respect of
a judgment of the High Court Division.

(4) The provisions of sub-section (3) and sub-section (4) of

section 161 relating to costs and payment of tax shall
apply in the case of an appeal to the Appellate Division
as they apply to a reference to the High Court Division
under section 160.

Page 215 of 277

 CHAPTER XX

PROTECTION OF INFORMATION

Statement, 163. (1) Save as provided in this section, all particulars or

returns, etc, to information contained in the following shall be
be confidential confidential and shall not be disclosed, namely:-

(a) any statement made, return furnished or accounts or

documents produced under the provisions of this
Ordinance;

(b) any evidence given, or affidavit or deposition made,

in the course of any proceedings under this Ordinance
other than proceedings under Chapter XXI;

(c) any record of any assessment proceedings or any

proceeding relating to the recovery of demand under
this Ordinance.

(2) Notwithstanding anything contained in the Evidence

Act, 1872 (I of 1872), or any other law for the time being
in force, no Court or other authority shall, save as
provided in this Ordinance, be competent to require any
public servant to produce before it any return, accounts
or documents contained in, or forming a part of, the
records relating to any proceeding under this Ordinance
or to given evidence before it in respect thereof.

(3) The prohibition under sub-section (1) shall not apply to

the disclosure of-

(a) any particulars, or in respect of any statement, return,

accounts, documents, evidence, affidavit or deposition
required for the purposes of prosecution of an offence
under this Ordinance, the Penal Code (XLV of 1860), or
the Foreign Exchange Regulation Act, 1947 (VII of 1947);

(b) any particulars or information which is necessary for

the purposes of this Ordinance to any person acting in
the execution of this Ordinance, or of any particulars to
any person being an expert whose services have been
placed at the disposal of the Government by any
international organisation of which Bangladesh is a
member;

Page 216 of 277

(c) any particulars or information which is occasioned by
the lawful employment under this Ordinance of any
process for the service of any notice or the recovery of
any demand;

(d) any particulars of the amount due from an assessee

under this Ordinance by the Board or any officer
authorised by it, or by the Commissioner, to any
department of the Government, local authority, bank,
corporation or other organisation for the purpose of the
recovery of any demand;

(e) any particulars to a Civil Court in any suit which

relates to any matter arising out of any proceeding
under this Ordinance and to which Government is a
party;

(f) any particulars to the Comptroller and Auditor-

General of Bangladesh for the purpose of enabling him
to discharge his functions under the Constitution;

(g) any particulars to any officer appointed by the

Comptroller and Auditor-General of Bangladesh or the
Board for the purpose of auditing tax receipts or refunds;

(h) any particulars relevant to any inquiry into the

conduct of any official of the income tax department to
any person appointed to hold such inquiry or to a Public
Service Commission established under the Constitution
when exercising its functions in relation to any matter
arising out of any such inquiry;

(i) any particulars relevant to any inquiry into a charge of

misconduct in connection with income tax proceedings
against a lawyer, a chartered accountant or a cost and
management accountant to any authority empowered
to take disciplinary action against such lawyer,
chartered accountant or cost and management
accountant;

(j) any particulars by a public servant where the

disclosure is occasioned by the lawful exercise by him of
the powers under the Stamp Act, 1899 (II of 1899), to
impound an insufficiently stamped document;

(k) any facts to an authorised officer of the Government

of any country outside Bangladesh with which the

Page 217 of 277

Government of the People's Republic of Bangladesh has
entered into an agreement for the avoidance of double
taxation and the prevention of fiscal evasion where such
disclosure is required under the terms of the agreement;

(l) any such facts to any officer of the Government as

may be necessary for the purpose of enabling the
Government to levy or realise any tax imposed by it;

574[(m) any such facts to any authority exercising power

under the Excise and Salt Act, 1944 (I of 1944), the Gift-
tax Act, 1963 (XIV of 1963), দান কর আiন, 1990 (1990 সেনর 22 নং
আiন), the Wealth-tax Act, 1963 (XV of 1963), the Customs
Act, 1969 (IV of 1969), the Sales tax Ordinance, 1982
(XVIII of 1982) or মূলয্ সংেযাজন কর আiন, 1991 (1991 সেনর 22 নং আiন) as
may be necessary for the purpose of enabling it duly to
exercise such powers;]

(n) so much of any such particulars, to the appropriate

authority as may be necessary to establish whether a
person has or has not been assessed to income tax in
any particular year or years, where, under the provisions
of any law for the time being in force, such fact is
required to be established;

(o) any such particulars to the Bangladesh Bank as are

required by that Bank to enable it to discharge its
functions under the foreign exchange control laws or to
compile financial statistics of international investments
and balance of payments;

(p) any such information as may be required by any

officer or department of the Government for the purpose
of investigation into the conduct and affairs of a public
servant; 575[ ***]

(q) any such particulars as may be required by any order

made under section 19(2) of the Foreign Exchange
Regulation Act, 1947 (VII of 1947) 576[ ; or

(r) a list of highest tax-payers in accordance with rules

made in this behalf.]

(4) Nothing in this section shall apply to the production

by a public servant before a Court of any document,
declaration or affidavit filed, or the record of any
statement or deposition made in a proceeding under

Page 218 of 277

 section 90 or 111, or to the giving of evidence by a
public servant in respect thereof.

(5) Any person to whom any information is

communicated under this section, and any person or
employee under his control, shall in respect of that
information, be subject to the same rights, privileges,
obligations and liabilities as if he were a public servant
and all the provisions of this Ordinance shall, so far as
may be, apply accordingly.

(6) This section shall not be construed as prohibiting the

voluntary disclosure of any particulars referred to in sub-
section (1) by the person by whom the statement was
made, return furnished, accounts or documents
produced, evidence given or affidavit or deposition
made, as the case may be.

CHAPTER XXI

OFFENCES AND PROSECUTION

Punishment for 164. A person is guilty of an offence punishable with

non-compliance imprisonment for a term which may extend to one year,
of certain or with fine, or with both, if he, without reasonable
obligations cause,-

(a) fails to deduct 577[ or collect] and pay any tax as

required under the provisions of Chapter VII except
advance payment of tax or fails to deduct and pay tax
as required under section 143(2);

(b) fails to produce, or cause to be produced, on or

before the date mentioned in any notice under Chapter
VIII, or under section 83, such accounts, documents or
statements as are referred to in such notice;

(c) fails to furnish, in due time, the return of income which

he is required to furnish under section 75, or by notice
given under section 77 or 93;

(d) refuses to permit inspection or to allow copies to be

taken in accordance with the provisions of section 114;

(e) fails to afford necessary facilities or to furnish the

Page 219 of 277

 required information to an income tax authority
exercising powers under section 115; or

(f) refuses to permit or in any manner obstructs the

exercise of powers under section 117 by an Income tax
authority.

Punishment for 165. A person is guilty of an offence punishable with

false statement imprisonment for a term which may extend to three
in 578[ ] years, 579[ but shall not be less than three months] or with
fine, or with both, if he-

(a) makes a statement in any verification, etc. in any

return or any other document furnished under any
provisions of this Ordinance which is false 580[ * * *];

(b) knowingly and wilfully aids, abets, assists, incites or

includes another person to make or deliver a false return,
account, statement, certificate or declaration under this
Ordinance, or himself knowingly and wilfully makes or
delivers such false return, account, statement, certificate
or declaration on behalf of another person 581[ ;

(c) signs and issues any certificate mentioned in the first

or second proviso to section 82 which he either knows or
believes to be false or does not believe to be true 582[ ;

(d) refuses to furnish such information as may be

necessary for the purpose of survey under section 115.]]

Punishment for 166. A person is guilty of an offence punishable with

concealment of imprisonment which may extend to five years 583[ but
income, etc shall not be less than three months], or with fine, or with
both, if he conceals the particulars, or deliberately
furnishes inaccurate particulars, of his income.

Page 220 of 277

Punishment for 167. The owner of any property, or a person acting on his
disposal of behalf or claiming under him, is guilty of an offence
property to punishable with imprisonment for a term which may
prevent extend to five years, or with fine, or with both, if he sells,
attachment mortgages, charges, leases or otherwise so deals with
the property after the receipt of a notice from the Tax
Recovery Officer as to prevent its attachment by that
officer.

Punishment for 168. A public servant, or any person assisting, or

disclosure of engaged, by any person acting in the execution of this
protected Ordinance, is guilty of an offence punishable with
information imprisonment for a term which may extend to six months,
or with fine, if he discloses any particulars or information
in contravention of the provisions of section 163.

Sanction for 169. (1) No prosecution for an offence punishable under

prosecution any provisions of this Chapter shall be instituted except
with the previous sanction of the Board.

(2) [Omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং

আiন).]

Power to 170. 584[ The Board may], either before or after the
compound institution of any proceedings or prosecution for an
offences offence punishable under this Chapter, compound such
offence.

Page 221 of 277

Trial by Special 171. (1) Notwithstanding anything contained in the Code
Judge of Criminal Procedure, 1898 (Act V of 1898), or in any
other law for the time being in force, an offence
punishable under this Chapter, other than an offence
under section 168, shall be tried by a Special Judge
appointed under the Criminal Law Amendment Act,
1958 (XL of 1958), as if such offence were an offence
specified in the Schedule to that Act.

(2) A Special Judge shall take cognizance of, and have

jurisdiction to try, an offence triable by him under sub-
section (1) only upon a complaint in writing made, after
obtaining the sanction under section 169, by the Deputy
Commissioner of Taxes-

(a) who is competent to make assessment under this

Ordinance in the case to which the offence alleged to
have been committed relates, and

(b) whose office is situated within the territorial limits of

the jurisdiction of the Special Judge.

CHAPTER XXII

MISCELLANEOUS

Relief when 172. Where the income of an assessee is assessable at a

salary, etc, is rate higher than that at which it would otherwise have
paid in arrear or been assessed by reason of-
advance
(a) any portion of his salary being paid in arrears or in
advance, or

(b) his having received in any one financial year salary

for more than twelve months, or

Page 222 of 277

 (c) his having received a payment which is a profit in lieu
of salary, or

(d) his having received in arrears in one income year any

portion of his income from interest on securities relatable
to more income years than one;

the Deputy Commissioner of Taxes may, on an

application made to him in this behalf, determine the tax
payable as if the salary, payment or interest had been
received by the assessee during the income year or
years to which it relates and may refund the amount of
tax, if any, paid in excess of the tax so determined.

Correction of 173. (1) Any income tax authority or the Appellate

errors Tribunal may, by order in writing, amend any order
passed by it so as to correct any error apparent from the
record either of its own motion or on the error having
been brought to its notice by the assessee or any other
income tax authority and all the provisions of this
Ordinance as may be applicable shall have effect
accordingly.

(2) No amendment under sub-section (1) which has the

effect of enhancing an assessment or reducing a refund
or otherwise increasing the liability of the assessee shall
be made unless the parties affected thereby have been
given a reasonable opportunity of being heard.

(3) Where any such error as is referred to in sub-section

(1) is brought to the notice of the authority concerned by
the assessee and no amendment is made by such
authority within the financial year next following the date
in which the error is brought to its notice, the
amendment under that sub-section shall be deemed to
have been made so as to correct the error and all the
provisions of this Ordinance shall have effect
accordingly.

(4) No amendment under sub-section (1) shall be made

after the expiration of four years from the date of the
order sought to be amended.

Page 223 of 277

 (5) Where in respect of any completed assessment of a
partner in a firm it is found on the assessment of the firm
or on any reduction or enhancement made in the
income of the firm under sections 120, 121, 156, 159, 161
or 162 that the share of the partner in the profit or loss of
the firm has not been included in the assessment of the
partner, or, if included, is not correct, the inclusion of the
share in the assessment or the correction thereof, as the
case may be, shall be deemed to be correction of an
error apparent from the record within the meaning of this
section, and the provisions of sub-section (1) shall apply
thereto accordingly, the period of four years referred to
in sub-section (4) being computed from the date of the
final order passed in the case of the firm.

(6) Where as a result of proceedings initiated under

section 93, a firm or an association of persons is assessed,
and the Deputy Commissioner of Taxes concerned is of
opinion that it is necessary to compute the total income
of a partner in the firm or a member of the association of
persons, as the case may be, the Deputy Commissioner
of Taxes may proceed to compute the total income and
determine the sum payable on the basis of such
computation as if the computation is a correction of an
error apparent from the record within the meaning of this
section, and the provisions of sub-section (1) shall apply
accordingly, the period of four years specified in sub-
section (4) being reckoned from the date of the final
order passed in the case of the firm or association of
persons, as the case may be.

(7) Subject to the provisions of sub-section (3) where an

amendment is made under this section, an order shall be
passed in writing by the income tax authority concerned
or the Appellate Tribunal, as the case may be.

Place of 585[173A. (1) Where an assessee carries on a business,

assessment profession or vocation at any place, he shall be assessed
by the Deputy Commissioner of Taxes of the area in
which that place is situate or, where the business,
profession or vocation is carried on in more places than
one, by the Deputy Commissioner of Taxes of the area in

Page 224 of 277

 which the principal place of his business, profession or
vocation is situate.

(2) In all other cases, an assessee shall be assessed by

the Deputy Commissioner of Taxes of the area in which
he resides.

(3) Where any question arises under this section as to

place of assessment, such question shall be determined
by the Commissioner, or, where the question is between
places in areas within the jurisdiction of more
Commissioners than one, by the Commissioners
concerned, or, if they are not in agreement, by the
National Board of Revenue:

Provided that, before any such question is determined,

the assessee shall have had an opportunity of
representing his views.

(4) No person shall be entitled to call in question the

jurisdiction of a Deputy Commissioner of Taxes after he
has made the return of total income or where he has not
made such return, after the time allowed by the notice
served on him for making such return has expired.]

Appearance by 174. (1) Any assessee, who is entitled or required to

authorised appear before any income tax authority or the
representative Appellate Tribunal in connection with any proceedings
under this Ordinance, may, except when required under
section 122 to attend personally, appear by an
authorised representative.

(2) For the purpose of this section, “authorised

representative” means a person, authorised in writing by
the assessee to appear on his behalf, being-

(a) a relative of the assessee who is his parent, spouse,

son, daughter, brother or sister;

(b) a whole time regular employee of the assessee;

586[ * * *]

Page 225 of 277

(d) a legal practitioner who is entitled to practice in a
Civil Court in Bangladesh;

(e) a chartered accountant or a cost and management

accountant or a member of an association of
accountants recognised in this behalf by the Board; or

(f) an income tax practitioner registered as such by the

Board in accordance with the rules made in this behalf
and subject to such conditions as may be laid down in
those rules 587[ :

Provided that such an income tax practitioner shall be a

member of any registered Taxes Bar Association.]

(3) Notwithstanding anything contained in sub-section

(1), the following persons shall not be qualified to
represent an assessee under that sub-section, namely:-

(a) a person who has been dismissed from Government

service;

(b) a legal practitioner, or a chartered accountant, a

cost and management accountant, or other
accountant mentioned in clause (e) of sub-section (2),
or an income-tax practitioner, who, having been found
guilty of misconduct in his professional capacity-

(i) by any authority empowered to take disciplinary

action against him, or

(ii) by the 588[ Board], in connection with any income-tax

proceeding, and, on account of that finding, he stands
disqualified from practising his profession for so long as
such disqualification continues 589[ :

Provided that no person shall be disqualified under this

sub-clause unless he is given a reasonable opportunity of
being heard:

590[ * * *]

591[ Provided further that any person disqualified under

this sub-clause may, within one month of his
disqualification, appeal to the Government to have the
disqualification removed:

Page 226 of 277

 Provided further that no disqualification under this sub-
clause shall take effect until one month from the date of
such disqualification has elapsed or, when an appeal is
preferred, until the disposal of the appeal;]]

(c) a person who has become insolvent for so long as

the insolvency continues;

(d) a person who has been convicted of any offence

connected with any income tax proceeding under this
Ordinance unless the Commissioner, with the approval of
the Board, by order, remove his disqualification under this
sub-section; and

(e) any Government servant in the Income-tax

Department who has resigned or retired from such
service, for a period of three years from the date of
acceptance of resignation or a period of one year from
the date of retirement, as the case may be.

Tax to be 175. In the determination of the amount of tax or of a

calculated to refund payable under this Ordinance, fractions of a taka,
nearest taka less than fifty poisha, shall be disregarded and fractions
of a taka equal to or exceeding fifty poisha shall be
regarded as one taka.

Receipts to the 176. A receipt shall be given for any money paid or
given recovered under this Ordinance.

Computation of 177. (1) In computing the period of limitation prescribed

the period of for an appeal or application under this Ordinance, the
limitation day on which the order complained of was served, or, if

Page 227 of 277

 the assessee was not furnished with a copy of the order
when the notice of the order was served upon him, the
time requisite for obtaining the copy of the order shall be
excluded.

(2) Where the period of limitation prescribed for an

appeal or application under this Ordinance expires on a
day which is a closed holiday, the appeal or application
may be made on the day next following such holiday.

Service of notice 178. (1) A notice under this Ordinance may be served on
the person therein named 592[ either by 593[ registered
post 594[ ***] or notice in the manner provided for service
of a summons issued by a Court under the Code of Civil
Procedure, 1908 (Act V of 1908) [.

595[ * * *]]

[* * *]

(1A) 596[ Omitted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং

আiন).]

(2) A notice may be addressed-

(a) in the case of a firm or a Hindu undivided family, to

any member of the firm, or the manager or any adult
male member of the family;

(b) in the case of a local authority or a company, to the

principal officer thereof;

(c) in the case of other body or association of persons, to

the principal officer or any member thereof;

(d) in a case where a firm or association of persons is

dissolved, to any person who was a member of the firm
or association, as the case may be, immediately before
such dissolution;

(e) in a case where a business or profession is

discontinued to which section 89 applies, if the business
or profession discontinued was-

Page 228 of 277

 (i) that of an individual, to the person whose income is to
be assessed;

(ii) that of a company, to the principal officer thereof;

and

(iii) that of a firm or association of persons, to any person

who was a partner of such firm or a member of such
association, as the case may be, at the time of the
discontinuance;

(f) in a case where a finding of partition has been

recorded under section 90 in respect of a Hindu
undivided family, to the person who was the last
manager of the family or, if such person is dead, to all
adult male persons who were members of the family
immediately before the partition; and

(g) in any other case, not being an individual, to the

person who manages or controls the affairs of the person
or institution concerned.

(3) The validity of any notice or of the service of any

notice shall not be called in question after the return in
response to the notice has been filed or the notice has
been complied with.

[Explanation.- In this section, “notice” includes order or

requisition made or issued under this Ordinance.]

Certain errors 179. No assessment, order, notice, warrant or other

not to vitiate document made, issued or executed, or purporting to
assessment, etc be made, issued or executed, under this Ordinance, shall
be void or otherwise inoperative, merely for want of
form, or for an error, defect or omission therein, if such
want of form, error, defect or omission is not of a
substantial nature prejudicially affecting the assessee.

Page 229 of 277

Proceeding 180. Notwithstanding anything contained in section 171
against of the Companies Act, 1913 (VII of 1913), leave of the
companies Court shall not be required for continuing any
under proceeding, or commencing any proceeding, under this
liquidation Ordinance against a company in respect of which a
winding up order has been made or provisional
liquidator appointed.

Indemnity 181. Every person deducting, retaining or paying any tax

in pursuance of this Ordinance in respect of income
belonging to another person is hereby indemnified for
the deduction, retention or payment thereof.

Bar of suits and 182. (1) No suit shall be brought in any Civil Court to set
prosecution, etc aside or modify any assessment made under this
Ordinance.

(2) No suit, prosecution or other proceedings shall lie

against any officer of the Government for anything in
good faith done or intended to be done under this
Ordinance.

Ordinance to 183. If, on the first day of July in any year provision has
have effect not been made by Act of Parliament for the charging of
pending income tax for that year, this Ordinance shall
legislative nevertheless have effect until such provision is made, as
provision for if the provision in force in the preceding year, or the
charge of tax provision proposed in the bill which may then be before
the Parliament, whichever is more favourable to the
assessee, were actually in force.

Page 230 of 277

597[ Omitted] 184. [Restriction on registration of documents.- Omitted
by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন).]

Requirement of 598[184A. Notwithstanding anything contained in this

certificate in Ordinance, a certificate from the concerned Deputy
certain cases Commissioner of Taxes or from any other person
authorised by the Board in this behalf, containing the 599[
tax-payer's identification number] shall be required to be
submitted to the concerned authority, by any person at
the time of -

(a) opening a letter of credit for the purpose of import;

600[
(aa) submitting an application for the purpose of
obtaining an import registration certificate;]

(b) renewal of trade licence in the area of a city

corporation or of a paurashava of a divisional
headquarters or of a district headquarters; and

(c) submitting tender documents for the purpose of

supply of goods, execution of a contract or for rendering
services 601[ ;

602[
(d) submitting an application for membership of a
club registered under েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন) 603[
;

(e) issuance or renewal of license or enlistment of a

surveyor of general insurance;

604[
(f) registration for purchase of land, building or an
apartment situated within any city corporation, deed
value of which exceeds one lakh taka;

(ff) provisions of clause (f) shall not apply in case of

registration for purchase of land, building or an
apartment situated within any city corporation, by a non
resident Bangladeshi;]

Page 231 of 277

 (g) registration 605[ , change of ownership] or renewal of
fitness of a car, jeep or a microbus 606[ ;

(h) sanction of loan exceeding five lakh taka to a person

by a 607[ commercial bank or a leasing company];

(i) issue of credit card;

(j) issue of practising licence to a doctor, a chartered

accountant, a cost and management accountant, a
lawyer or an income tax practitioner;

608[ (k) giving ISD connection to any kind of telephone;

(l) registration of a company under েকাmানী আiন, 1994 (1994 সেনর

18 নং আiন) in respect of sponsor director; and

(m) submission of application for a licence as a Nikah

Registrar under the Muslim Marriages and Divorces
(Registration) Act, 1974 (LII of 1974) 609[ ;

(n) applying for or renewal of membership of any trade

body.]

Provided that a person who has already obtained the

licence of a Nikah Registrar shall be required to obtain
such certificate within three months from the date of
commencement of this provision.]]

Tax-payer’s 610[
184AA. The Board may, with the prior approval of the
identification Government and by notification in the official Gazette,
number (TIN) in specify any class of documents where a tax-payer's
certain identification number (TIN) is to be mentioned.]
documents, etc

Page 232 of 277

Displaying of tax 611[184C. An assessee having income from business or
payer’s profession shall obtain tax payer's identification number
identification (TIN) certificate from the Deputy Commissioner of Taxes
number under whose jurisdiction he is being 612[ assessed] and
certificate shall display such certificate at a conspicuous place of
such assessee's business premises.]

Reward for 613[184D. Notwithstanding anything contained in this

collection and Ordinance or any other law for the time being in force,
detection of the Board may, in such manner and in such
evasion of taxes circumstances and to such extent as may be prescribed,
grant reward to the following persons:-

(a) an officer or employee of taxes department for

outstanding performance in collection of taxes and
detection of tax evasion;

(b) any other person for furnishing information leading to

detection of tax evasion.]

Tax-payer’s 614[184B. Every assessee 615[ or any person who applies

identification for tax payer's identification number] will be given a tax-
number payer's identification number in such manner as may be
prescribed.]

Tax collection 616[184BB. Every person required to deduct or collect tax

account number under Chapter VII of this Ordinance shall be given a tax
collection account number in such manner as may be
prescribed.]

Page 233 of 277

Unified 617[
184BBB. An assessee having taxpayer's identification
Taxpayer's number (TIN) when registered with VAT authority and
Identification obtained a business identification number (BIN) shall be
Number (UTIN) given unified taxpayer's identifiction number (UTIN) in
such manner as may be prescribed by the Board.]

CHAPTER XXIII

RULES AND REPEAL

Power to make 185. (1) The Board may, by notification in the Official
rules Gazette, make rules for carrying out the purposes of this
Ordinance; and any such rules may, in so far as they do
not impose, or have the effect of imposing, any criminal
liability, be given retrospective effect.

(2) In particular, and without prejudice to the generality

of foregoing power, such rules may provide for all or any
of the following matters, namely:-

(a) the ascertainment and determination of the

classification of any income in respect of which the
provisions of this Ordinance are not clear;

(b) the manner in which, and the procedure by which,

the income and the tax payable thereon shall be
determined in the case of-

(i) non-residents, and

(ii) income derived in part from agriculture and in part

from business;

(c) the ascertainment and determination of any income

or class of income to be included in the total income of
an assessee;

(d) the determination of the value of any perquisites and

benefits and of the allowances permissible under this

Page 234 of 277

Ordinance in respect of any head of income or total
income;

(e) the procedure for the grant of exemption of income

of industrial undertakings or tourist industries and any
other matter connected with or incidental thereto;

(f) the manner in which, and the procedure by which,

self-assessment may be made;

(g) the procedure for, and any other matter connected

with or incidental to, the issue of exemption certificate or
tax clearance certificate under section 107;

(h) the procedure to be followed on application for

refund;

(i) registration of income tax practitioners, qualifications

for registration conditions and limitations subject to which
income-tax practitioners may act as authorised
representative under this Ordinance, cancellation of
registration or other disciplinary measures in respect of
income tax practitioners;

(j) fees and other charges to be paid in respect of any

services rendered or in respect of any matter for which
fees and charges are payable under this Ordinance;
and

(k) any other matter which is to be provided for by rules,

or which is to be or may be prescribed under this
Ordinance.

(3) In cases coming under sub-section (2)(b), the rules

may prescribe methods by which an estimate of such
income may be made, and prescribe the proportion
which shall be deemed to be income classifiable under
the head “Agricultural income” or “income from business
or profession”, and an assessment based on such
estimate or proportion, as the case may be, shall be
deemed to be duly made in accordance with the
provisions of this Ordinance.

(4) The power to make rules under this section shall,

except on the first occasion of the exercise thereof, be
subject to the condition of previous publication 618[ :

Provided that where previous publication of the draft of

Page 235 of 277

 any proposed rules or of any amendment to any existing
rules is made pursuant to the provisions of this sub-
section, giving therewith a notice soliciting objections
and suggestions to such draft within the period specified
in the notice and if no objection or suggestion is
received within the period specified, the previous
publication of such draft shall be deemed to be the final
publication of the proposed rules or amendment, as the
case may be.]

Repeal and 186. (1) The Income-tax Act, 1922 (XI of 1922) is hereby
savings repealed.

(2) Notwithstanding the repeal, the Income tax Act, 1922

(XI of 1922), and the rules made thereunder, shall
continue to apply, as if that Act had not been repealed,-

(a) to any income of, or relatable to, any period prior to

the commencement of this Ordinance; and

(b) to any notice issued, or any assessment, order,

application or appeal made, any proceedings
commenced or any prosecution instituted, under that
Act.

(3) Save as provided in sub-section (2), the repeal under

sub-section (1) and enactment of this Ordinance shall,
for the purposes of the General Clauses Act, 1897 (X of
1897), be deemed to be repeal and re-enactment of
the Income-tax Act, 1922 (XI of 1922).

Removal of 187. (1) If any difficulty arises in giving effect to any of the
difficulties provisions of this Ordinance, the Government may, by
notification in the official Gazette, make such provisions
as it thinks fit for removing that difficulty.

(2) No notification under this section shall be issued after

the thirtieth day of June, 1988.

Page 236 of 277

1 Sub-clause (b) was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

2The comma and words “, and includes a Senior Appellate Joint Commissioner
of Taxes” were added by section 10 of the Finance Ordinance, 1986
(Ordinance No. XLV of 1986)

3 The words “an Appellate Additional Commissioner of Taxes” were substituted

for the words “a Senior Appellate Joint Commissioner of Taxes” by section 7 of
aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

4 The words “and also a person appointed to hold current charge of an

Appellate Joint Commissioner of Taxes” were added by section 6 of arথ আiন,
1999 (1999 সেনর 16 নং আiন)

5 Clause (5A) was inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

6 The words “or a pension fund” were inserted by section 6 of aর্থ আiন, 1999 (1999
সেনর 16 নং আiন)

7The words, commas, figures and brackets “or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন),
and includes a body corporate” were substituted for the comma and words “,
and includes a body corporate” by section 6 of aর্থ আiন, 1995(1995 সেনর 12 নং আiন)

8The words, figures and brackets বয্াংক-েকাmানী আiন, 1991 (1991 সেনর 14 নং আiন)” were
substituted for the words, figures and brackets “the Banking Companies
Ordinance, 1962 (LVII of 1962)” by section 53 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

9 Clause (19) was substituted by section 15 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

10 Clause (19A) was inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

11 The words, brackets, comma and figure “Commissioner of Taxes (Appeals)

under section 3, and includes a person appointed to hold current charge of a
Commissioner of Taxes (Appeal)” were substituted for the words brackets and
figure “Commissioner of Taxes (Appeals) under section 3” by section 5 of aর্থ
আiন, 1997 (1997 সেনর 15 নং আiন)

12 Clause (19B) was omitted by section 15 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

13The words, commas, figures and brackets “the Companies Act, 1913 (VII of
1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন),” were substituted for the words,

Page 237 of 277

comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

14 The word “and” was omitted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

15 Clause (bb) were inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

16Clauses (bb) and (bbb) were substituted for former clause (bb) by section 7
of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)17

17 The words, brackets, comma and figure “Commissioner of Taxes (Appeals)

under section 3, and includes a person appointed to hold current charge of a
Commissioner of Taxes (Appeal)” were substituted for the words brackets and
figure “Commissioner of Taxes (Appeals) under section 3” by section 5 of aর্থ
আiন, 1997 (1997 সেনর 15 নং আiন)

18The words “not incorporated by or under any law” were substituted for the
words “whether incorporated or not” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং
আiন)

19The words, commas, figures and brackets “the Companies Act, 1913 (VII of
1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)” were substituted for the words,
comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

20 Clause (25) was substituted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

21 Clause (25A) was inserted by section 15 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

22 Clause (25AA) was inserted by section 11 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

The words and commas `or any Joint Director General, Central Intelligence
23

Cell or Deputy Director General, Central Intelligence Cell authorised by him`

were added by section 8 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

24 Clause (dd) was inserted by section 27 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

25 Sub-clause (iiia) was inserted by section 27 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

26 Sub-clause (iv) was omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

27The words “and includes a person appointed to hold current charge of an

Extra Assistant Commissioner of Taxes” were added by section 6 of aর্থ আiন, 1999
(1999 সেনর 16 নং আiন)

28 Clause (30) was substituted by section 53 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

Page 238 of 277

 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso
29

was added by section 27 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

30The words, commas and the semi-colon (;) “but does not include, in the case
of a shareholder of a Bangladeshi company, the amount representing the
face value of any bonus shares or the amount of any bonus declared, issued
or paid by the company to its shareholders with a view to increasing its paid-
up share capital;” were omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

31The comma and words “, and includes a Senior Inspecting Joint

Commissioner of Taxes” were added by section 10 of the Finance Ordinance,
1986 (Ordinance No. XLV of 1986)

32The words “an Inspecting Additional Commissioner of Taxes” were

substituted for the words “a Senior Inspecting Joint Commissioner of Taxes” by
section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

33The words “and also a person appointed to hold current charge of an

Inspecting Joint Commissioner of Taxes” were added by section 6 of aর্থ আiন,
1999 (1999 সেনর 16 নং আiন)

34 Clause (45) was substituted by section 8 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

35 Clause (53) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

36 Sub-clause (e) was added by section 6 of the aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

37 Clause (59A) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

38 Clause (62) was substituted by section 9 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

39 Clause (63) was omitted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

40 Clause (67) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

41 Clause (1A), which was inserted by section 10 of the Finance Ordinance,

1986 (Ordinance No. of 1986) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর
12 নং আiন)

42 Clause (2) was substituted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

43 Clause (2A) was inserted by section 8 of arথ আiন, 1990 (1990 সেনর 45 নং আiন)

44 Clause (2B) was inserted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

45 Clause (2C) was inserted by section 16 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

Page 239 of 277

46 Clause (2D) was inserted by section 12 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

47 Clause (3A) was substituted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

48The words “a Senior Commissioner of Taxes and” were omitted by section 6

of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

49The words “Directors-General of Inspection” were substituted for the words

“Director of Inspection” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

50The words, brackets and the comma “Commissioners (Appeals),” were

inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

51 Sub-section (2A) was inserted by section 17 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

52 Section 4A was inserted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

53 Sub-section (1) was substituted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

54 The words and comma “Senior Commissioner,” were omitted by section 6 of

aর্থ আiন, 1995 (1995 সেনর 1 নং আiন)

55The words and comma “Additional Commissioners of Taxes, Joint

Commissioners of Taxes” were substituted for the words “Joint Commissioners of
Taxes” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

The words, brackets and commas “or the Commissioners (Appeals), as the
56

case may be,” were inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

57The words and brackets “or the Commissioners (Appeals)” were inserted by
section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

58 Clause (a) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 1 নং আiন)

59 Clause (aa) was substituted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

Clause (aaa) was added by section 9 of the Finance Ordinance, 2007 (Ord.
60

No. 10 of 2007).

61The comma, words and brackets “, the Commissioners (Appeals)” were

inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

62 Clause (bb) was inserted by section 6 of arথ আiন, 1999 (1999 সেনর 16 নং আiন)

63The words and brackets “or the Commissioners (Appeals)” were inserted by
section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

Page 240 of 277

64 Sub-clause (b) was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The words and comma “Inspecting Joint Commissioner, the Inspecting

65

Additional Commissioner” were substituted for the words “Inspecting Joint

Commissioner” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

The words and comma “Inspecting Joint Commissioner, the Inspecting

66

Additional Commissioner” were substituted for the words “Inspecting Joint

Commissioner” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

The words and comma “Inspecting Joint Commissioner, the Inspecting

67

Additional Commissioner” were substituted for the words “Inspecting Joint

Commissioner” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

The words and comma “Inspecting Joint Commissioner, the Inspecting

68

Additional Commissioner” were substituted for the words “Inspecting Joint

Commissioner” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

69The words “judicial and accountant” were omitted by section 28 of aর্থ আiন,
2002 (2002 সেনর 14 নং আiন)

70 Sub-section (3) was substituted by section 28 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

71 Sub-section (4) was substituted by section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

72The words, comma, figures and brackets “or Bangladesh Chartered

Accountants Order, 1973 (P.O. No. 2 of 1973)” were inserted by section 47 of aর্থ
আiন, 2001 (2001 সেনর 30 নং আiন)

73The words “and that there is equality in number of judicial members and
accountant members” were omitted by section 29 of aর্থ আiন, 2002 (2002 সেনর 14 নং
আiন)

The full stop (.) was substituted for the colon (:) and thereafter the proviso
74

was omitted by section 48 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

75 Section 16A was inserted by section 8 of aর্থ আiন, 1988 (1988 সেনর 33 নং আiন)

76Sections 16B and 16C were inserted by section 30 of aর্থ আiন, 2002 (2002 সেনর 14 নং
আiন)

77 The Explanation was substituted by section 13 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

78The comma and words “, and includes a Senior Appellate Joint

Commissioner of Taxes” were added by section 10 of the Finance Ordinance,
1986 (Ordinance No. XLV of 1986)

Page 241 of 277

79Section 16CC was omitted by section 12 of the Finance Ordinance, 2008
(Ord. No. 33 of 2008).

80 The words “an Appellate Additional Commissioner of Taxes” were substituted

for the words “a Senior Appellate Joint Commissioner of Taxes” by section 7 of
aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

The words `income year in which it is received` were substituted for the
81

words `income year in which it is declared` by section 11 of the Finance

Ordinance, 2007 (Ord. No. 10 of 2007).

82 The words “which makes any debtor taxable” were omitted by section 6 of
aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
83

was added by section 31 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

84 The proviso was substituted by section 19 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

85The words, brackets and letters “except as provided in clause (aa)” were
inserted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

86 Clause (aa) was inserted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

87The words “three years” were substituted for the words “two years” by
section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

88The words “three years” were substituted for the words “two years” by
section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

89 The proviso was substituted by section 19 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

90 Sub-sections (21), (22) and (23) were added by section 7 of aর্থ আiন, 1993 (1993
সেনর 18 নং আiন)

91The words “three years” were substituted for the words “two years” by
section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

92 Sub-section (21A) was inserted by section 31 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

93The words “three years” were substituted for the words “two years” by
section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

94Sub-section (25) was omitted by section 11 of the Finance Ordinance, 2007

(Ord. No. 10 of 2007).

95 Section 19A was inserted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

Page 242 of 277

96 Section 19AA was inserted by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

97 Section 19AAA was substituted by section 20 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

98The words “and also a person appointed to hold current charge of an

Appellate Joint Commissioner of Taxes” were added by section 6 of aর্থ আiন, 1999
(1999 সেনর 16 নং আiন)

Section 19B, 19BB and 19BBB were omitted by section 12 of the Finance
99

Ordinance, 2007 (Ord. No. 10 of 2007).

Clauses (a), (b), (c) and (d) were substituted for clauses (a) and (b) by
100

section 11 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

101 Clause (5A) was inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

Section 19B, 19BB and 19BBB were omitted by section 12 of the Finance
102

Ordinance, 2007 (Ord. No. 10 of 2007).

103 The words “or a pension fund” were inserted by section 6 of aর্থ আiন, 1999 (1999
সেনর 16 নং আiন)

Section 19B, 19BB and 19BBB were omitted by section 12 of the Finance
104

Ordinance, 2007 (Ord. No. 10 of 2007).

105The words “the Government or any security approved by Government”

were substituted for the words “the Government” by section 15 of aর্থ আiন, 2004
(2004 সেনর 16 নং আiন)

The colon (:) was substituted for the semi-colon (;) and thereafter the proviso
106

was added by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

107 Clause (c) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The commas and words “, whether used for commercial or residential

108

purposes,” were inserted by section 35 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

109 Clause (c) was omitted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

110The Colon (:) was substituted for the semi-colon (;) and thereafter the
proviso was added by section 13 of the Finance Ordinance, 2007 (Ord. No. 10
of 2007).

111 Clause (gg) was inserted by section 36 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

112 Clause (h) was substituted by section 16 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

Page 243 of 277

113 Clause (i) was omitted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

114The semi-colon (;) was substituted for the full stop (.) and thereafter clause
(h) was inserted by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

115 Sub-section (3) was inserted by section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

116The comma and words “, Investment Corporation of Bangladesh” were

inserted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

117The words and comma `any other entity, when lending of money is not the
business of transfer or` were substituted for the words `a newly set up industrial
undertaking or to an extension of an existing industrial undertaking whose
income is exempted from payment of tax` by section 14 of the Finance
Ordinance, 2007 (Ord. No. 10 of 2007).

The words `five percent` were substituted for the words `ten percent` by
118

section 14 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

119 Clause (x) was omitted by section 12 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

120 Clause (xa) was omitted by section 17 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

121 The proviso was omitted by section 37 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

122 Clause (xviii) was omitted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

123 Clause (xviiia) was inserted by section 8 of aর্থ আiন, 1987 (1987 সেনর 27 নং আiন)

124 Clause (xviiiaa) was inserted by section of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

125The comma and words “, Karmo shongsthan Bank” were inserted by section
14 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

The words “one per cent” were substituted for the words “two per cent” by
126

section 12 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

127 The proviso was substituted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

128The commas and figures “, 1995-96, 1996-97, 1997-98, 1998-99” were

substituted for the words and figures “and 1995-96 or till the assessment year
the actual provision in respect of which is equal to the bad and doubtful debts
as per Bangladesh Bank's guidelines in this behalf” by section 5 of aর্থ আiন, 1997
(1997 সেনর 15 নং আiন)

129 The commas, figures and word “, 1999-2000, 2000-2001 and 2001-2002” were

Page 244 of 277

substituted for the word and figures “ and 1999-2000” by section 6 of aর্থ আiন,
1999 (1999 সেনর 16 নং আiন)12

130The commas, figures and word “, 2001-2002, 2002-2003, 2003-2004 and 2004-
2005” were substituted for the word and figures “ and 2001-2002” by section 37
of arথ আiন, 2002 (2002 সেনর 14 নং আiন)

131The commas, figures and word “, 2004-2005, 2005-2006 and 2006-2007” were
substituted for the word and figures “and 2004-2005” by section 12 of aর্থ আiন,
2005 (2005 সেনর 16 নং আiন)

The colon (:) was substituted for the semi-colon (;) and the proviso was
132

added by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The semi colon (;) was substituted for the colon (:) and the proviso was
133

omitted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

134 Clause (aa) was inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

135 Clause (e) was substituted by section 13 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

The words “two lakh” were substituted for the words “one lakh and ninety
136

two thousand” by section 15 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

137Clauses (g) and (h) were inserted by section 22 of aর্থ আiন, 2003 (2003 সেনর 17 নং
আiন)

138 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses
(i), (j) and (k) were inserted by section 15 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

139 Section 30A was inserted by section 38 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
140

was added by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words, comma, brackets and figures '‡Kv¤úvbx AvBb, 1994 (1994 m‡bi
141

18bs AvBb)' were substituted for the words, comma, brackets and figures “the
Companies Act, 1913 (VII of 1913)” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

Sub-clauses (a) and (b) were omitted by section 10 of the Finance

142

Ordinance, 1986 (Ordinance No. XLV of 1986)

Sub-clauses (c), (cc) and (ccc) were substituted for the clause (c) by
143

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

144 Sub-clause (c) was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

Page 245 of 277

145The colon (:) was substituted for the full-stop (.) and thereafter the proviso
was added by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV
of 1986)

146 The proviso was omitted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

147 The proviso was inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

148 The word “same” was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

149 Sub-section (7) was substituted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words and comma “other than bonus share of a company,” were
150

omitted by section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

151The words, commas, figures and brackets “the Companies Act, 1913 (VII of
1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন),` were substituted for the words,
comma and figures “the Companies Act, 1913 (VII of 1913)” by section 6 of aর্থ
আiন, 1995 (1995 সেনর 12 নং আiন)

The words, commas, figures and brackets “the Companies Act, 1913 (VII of
152

1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন),` were substituted for the words,
comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

Sub-section (11A) was omitted by section 16 of the Finance Ordinance,

153

2007 (Ord. No. 10 of 2007).

154 Sub-section (12) was inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

155 The words, brackets, figures and commas “sub-sections (5), (7), (10), and
(11)” were substituted for the words, brackets, figures and commas “sub-
sections (5), (6), (7), (8), (9), (10) and (11)” by section 57 of aর্থ আiন, 2000 (2000 সেনর
15 নং আiন)

156The words, brackets and figures `(21A) or (24) applies` were substituted for
the words, figures, brackets and commas `(21A), (24) or (25) applies` by
section 13 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

The inverted commas, the words and the comma “Agricultural income”,
157

were inserted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

158The words, commas, figures and brackets “the Companies Act, 1913 (VII of
1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)” were substituted the words, commas,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of aর্থ
আiন, 1995 (1995 সেনর 12 নং আiন)

Page 246 of 277

 The words and comma “and every registered firm whose capital on the last
159

day of any income year was not less than five lakh taka” were omitted by
section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

160The words “or a registered firm” were omitted by section 6 of aর্থ আiন, 1998
(1998 সেনর 14 নং আiন)

161 The proviso was substituted by section 14 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

The proviso was added by section 18 of the Finance Ordinance, 2007 (Ord.
162

No. 10 of 2007).

The words “a firm” were substituted for the words “an unregistered firm” by
163

section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন).]

164 The words, commas and semi-colon (;) “and also, in the case of a registered
firm, of the tax payable by it;” were omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর
12 নং আiন)

The words “otherwise than by way of gift or for adequate consideration”

165

were substituted for words “otherwise than for adequate consideration” by

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words “otherwise than by way of gift or for adequate consideration”

166

were substituted for words “otherwise than for adequate consideration” by

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words “otherwise than by way of gift or for adequate consideration”

167

were substituted for words “otherwise than for adequate consideration” by

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

168The word “settlor” was substituted for the word “settler” by section 12 of aর্থ
আiন, 1989 (1989 সেনর 36 নং আiন)6

169The word “settlor” was substituted for the word “settler” by section 12 of aর্থ
আiন, 1989 (1989 সেনর 36 নং আiন)7

The full stop (.) was substituted for the colon (:) and thereafter the proviso
170

was omitted by section 8 of aর্থ আiন, 1988 (1988 সেনর 33 নং আiন)

171The word “settlor” was substituted for the word “settler” by section 12 of aর্থ
আiন, 1989 (1989 সেনর 36 নং আiন)10

172The word “settlor” was substituted for the word “settler” by section 12 of aর্থ
আiন, 1989 (1989 সেনর 36 নং আiন)11

Page 247 of 277

173The word “settlor” was substituted for the word “settler” by section 12 of aর্থ
আiন, 1989 (1989 সেনর 36 নং আiন)

174 Sub-sections (2) and (3) were substituted by section 8 of aর্থ আiন, 1992 (1992 সেনর
21 নং আiন)

The words `ten percent` were substituted for the words `fifteen percent` by
175

section 14 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

176The words, figures and letters “in all paragraphs excluding paragraphs 15
and 16 of the said Part B” were substituted for the words, commas and figures
“in paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 11A, 11B, 13, 17 and 21 of the said
Part B” by section 15 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

177 Sub-section (3) was substituted by section 58 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

178The words, figures and letters “all paragraphs excluding paragraphs 15 and
16 of Part-B” were substituted for the words, commas and figures “paragraphs
1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 11A, 11B, 13, 17 and 21 of Part-B” by section 15 of aর্থ
আiন, 2005 (2005 সেনর 16 নং আiন)

Clause (a) was substituted by section 2 of The Income Tax (Second

179

Amendment) Ordinance, 2007 (Ord. No. 42 of 2007).

180 Clause (b) was omitted by section 17 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

181The words and bracket “clause (a)” was substituted for the words and
brackets “clauses (a) and (b)” by section 17 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

The words `twenty five percent` were substituted for the words `twenty
182

percent` by section 14 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

The full stop (.) was substituted for the colon (:) and thereafter the proviso
183

was omitted by section 15 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

Sub-sections (2A) and (2B) were inserted by section 8 of the Finance

184

Ordinance, 1985 (Ordinance No. XXXII of 1985)

185The figure “1995” was substituted for the figure “2000” by section 7 of aর্থ আiন,
1991 (1991 সেনর 21 নং আiন)

186The words “seven years” was substituted for the word “six years” by the
Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)

187The words “five years” was substituted for the word “four years” by the
Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)

Page 248 of 277

 The words, commas, figures and brackets “the Companies Act, 1913 (VII of
188

1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)` were substituted for the words,
comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

189Clauses (c) and (cc) were substituted for the clause (c) by section 8 of aর্থ
আiন, 1992 (1992 সেনর 21 নং আiন)

190 Clause (c) was omitted by section 6 of aর্থ আiন, 1994 (1994 সেনর 14 নং আiন)

191The words and commas “during the period, or within one year from the end
of the period,” were substituted for the words “within two years from the end of
the period” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “thirty per cent” were substituted for the words “twenty five per
192

cent” by section 6 of aর্থ আiন, 1994 (1994 সেনর 14 নং আiন)

The colon (:) was substituted for the semi-colon (;) and thereafter the proviso
193

was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “one hundred and eighty days” were substituted for the words
194

“one hundred and twenty days” by section 10 of the Finance Act, 1986 (Act
No. LXV of 1986)

The words “one hundred and eighty days” were substituted for the words
195

“one hundred and twenty days” by section 10 of the Finance Act, 1986 (Act
No. LXV of 1986)

196 Sub-section (2C) was inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words “three months” were substituted for the words “six months” by
197

section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

198 The proviso was substituted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

199 Sub-section (8) was added by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

200The words and commas “hunting lodges, amusement and theme park,
holiday home, tourist resort, family fun and games, energy park” were
substituted for the words “hunting lodges” by section 50 of aর্থ আiন, 2001 (2001 সেনর
30 নং আiন)

Sub-sections (2A) and (2B) were inserted by section 8 of the Finance

201

Ordinance, 1985 (Ordinance No. XXXII of 1985)

202The figure “2000” was substituted for the figure “1990” by section 12 of aর্থ
আiন, 1989 (1989 সেনর 36 নং আiন)

Page 249 of 277

203The words “seven years” were substituted for the words “six years” by
section 3 of the Income tax (Amendment) Ordinance, 1986 (Ordinance No. L
of 1986)

204The words “five years” were substituted for the words “four years” by section
3 of the Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)

205 Clauses (c) and (cc) were substituted for former clause (c) by section 8 of
aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

206 Clause (c) was omitted by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

207The words and comma “during the period, or within one year from the end
of the period” were substituted for the words and comma “within two years
from the end of the period” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “twenty five per cent” were substituted for the words “twenty per
208

cent.” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The colon (:) was substituted for the semi colon (;) and thereafter the proviso
209

was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “one hundred and eighty days” were substituted for the words
210

“one hundred and twenty days” by section 10 of the Finance Ordinance, 1986
(Ordinance No. XLV of 1986)

211 Sub-section (2C) was inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words “three months” were substituted for the words “six months” by
212

section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

213 Sub-section (8) was inserted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

214 Section 46A was inserted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

215 The words and figure “profits and gains under section 28 fromprofits” were
substituted for the words “profits and gains of” by section 18 of aর্থ আiন, 2006 (2006
সেনর 22 নং আiন)3

The word, comma and figure “June, 2008” were substituted for the word,
216

comma and figure “June, 2005” by section 16 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

217The words “Dhaka and Chittagong divisions” were substituted for the words
and comma “Dhaka and Chittagong and Sylhet divisions, ” by section 59 of aর্থ
আiন, 2000 (2000 সেনর 15 নং আiন)

Page 250 of 277

218The word “four” was substituted for the word “five” by section 16 of aর্থ আiন,
2005 (2005 সেনর 16 নং আiন)

219The words and commas “Rajshahi, Khulna, Sylhet and Barisal divisions” were
substituted for the words and commas “Rajshahi, Khulna and Barisal divisions”
by section 59 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

220The word “six” was substituted for the word “seven” by section 16 of aর্থ আiন,
2005 (2005 সেনর 16 নং আiন)

221 The Explanation was omitted by section 16 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

222 Sub-section (1A) was inserted by section 16 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

223The words and comma `solar energy plant,` were added by section 19 of
the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

224 Clause (b) and the Explanation was omitted by section 16 of aর্থ আiন, 2005 (2005
সেনর 16 নং আiন)

225 Clause (c) was substituted by section 16 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

226The words “within six months from the end of the month” were substituted for
the words “within one hundred eighty days from the date” by section 59 of aর্থ
আiন, 2000 (2000 সেনর 15 নং আiন)

The words “forty-five days” were substituted for the words “thirty days” by
227

section 24 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

The colon (:) was substituted for the full stop (.) and thereafter the proviso
228

was inserted by section 40 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

229 The proviso was substituted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

230The semi-colon (;) and the word “; and” were substituted and thereafter
clause (c) was added by section 51 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

The full stop (.) was substituted for the semi-colon (;) and clause (d) was
231

omitted by section 16 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

section 46B was inserted by section 15 of of the Finance Ordinance, 2008

232

(Ord. No. 33 of 2008).

The words “three lakh taka” were substituted for the words “one lakh taka”
233

by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

234 The word “fifteen” was substituted for the word “ten” by section 8 of the

Page 251 of 277

Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)

235 Clause (aa) was inserted by section 52 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

Clause (bb) was omitted by section 2 of the Income Tax (Amendment)

236

Ordinance No, 1985 (Ordinance No. XXXVI of 1985)

237 The word “and” was omitted by section 8 of aর্থ আiন, 1988 (1988 সেনর 33 নং আiন)

238The semi colon (;) was substituted for the full-stop (.) and thereafter clauses
(h) to (m) were added by section 8 of aর্থ আiন, 1988 (1988 সেনর 33 নং আiন)

239 Clause (l) was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

240 The word “and” was omitted by section 12 of aর্থ আiন, 1989 (1989 সেনর 36 নং আiন)

The semi-colon (;) was substituted for the full stop (.) and the word “and ”
241

and clause (n) was inserted by section 12 of aর্থ আiন, 1989 (1989 সেনর 34 নং আiন)

242 The word “and” was omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

243 Clause (n) was substituted by section 52 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

244The semi-colon (;) was substituted for the full-stop (.) and thereafter the
clauses (o), (p) and (q) were inserted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং
আiন)

245 Clauses (r), (s), (t), (u), (v), (w), (x), (y) and (z) were inserted by section 6 of
aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

246 Clause (u) was omitted by section 60 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

247 Clause (v) was omitted by section 52 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

248 Clause (y) was omitted by section 60 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

249 Clauses (za), (zb) and (zc) were added by section 60 of aর্থ আiন, 2000 (2000 সেনর
15 নং আiন)

250 Clause (zb) was omitted by section 52 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

251The semi-colon (;) was substituted for the full stop (.) and thereafter clause
(zd) was inserted by section 52 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

252The semi colon (;) was substituted for the full stop (.) and thereafter clause
(ze) was added by section 41 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

Page 252 of 277

253 The semi-colon (;) was substituted for the full stop (.) and thereafter clauses
(zf), (zg), (zh) and (zi) were inserted by section 17 of aর্থ আiন, 2005 (2005 সেনর 16 নং
আiন)

The words `any commodity` were substituted for the words `knitwear or
254

oven garments` by section 20 of the Finance Ordinance, 2007 (Ord. No. 10 of

2007).

255 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses
(zj), (zk) and (zl) were added by section 19 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

Clause (zl) was omitted by section 20 of the Finance Ordinance, 2007 (Ord.
256

No. 10 of 2007).

Clause (zm), (zn), (zo) were added by section 20 of the Finance Ordinance,
257

2007 (Ord. No. 10 of 2007).

The words `issuance or` were omitted by section 16 of the Finance

258

Ordinance, 2008 (Ord. No. 33 of 2008).

259The semi-colon (;) was substituted for the full stop (.) and thereafter clauses
(zp), (zq), (zr) and (zs) were added by section 16 of the Finance Ordinance,
2008 (Ord. No. 33 of 2008).

260 Section 50A was inserted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
261

was inserted by section 19 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

262 Sub-section (1) was substituted by section 18 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

The colon (:) was substituted for the full stop (.) and thereafter proviso was
263

added by section 21 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

264The words, commas, figures and brackets “or েকাmানী আiন, 1994 (1994 সেনর 18 নং
আiন), and includes a body corporate” were substituted for the comma and
words “, and includes a body corporate” by section 6 of aর্থ আiন, 1995(1995 সেনর 12
নং আiন)

The words “or travel agency commission or shipping agency commission”

265

were inserted by section 28 of aর্থ আiন, 1988 (1988 সেনর 33 নং আiন)

The words `execution of contract or sub-contract` were substituted for the

266

words `execution of contract` by section 22 of the Finance Ordinance, 2007

(Ord. No. 10 of 2007).

267 The words “or for services rendered” were omitted by section 6 of aর্থ আiন,

Page 253 of 277

1998 (1998 সেনর 14 নং আiন)

268 Sections 52A, 52B and 52C were inserted by section 6 of aর্থ আiন, 1998 (1998 সেনর
14 নং আiন)

269 Section 52A was substituted by section 21 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

The words `ten percent` were substituted for the words `five percent` by
270

section 23 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words “ten per cent” were substituted for the words “five percent” by
271

section 19 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

272 Section 52AA was inserted by section 43 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

273The words “clearing and forwarding agency or” were omitted by section 22
of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

The words `seven and half percent` were substituted for the words `five
274

percent` by section 24 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

275 Section 52AAA was inserted by section 23 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

The words `seven and half percent` were substituted for the words `five
276

percent` by section 25 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words `six percent` were substituted for the words `four percent` by
277

section 26 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

278Sections 52D, 52E, 52F, 52G, 52H and 52I were inserted by section 6 of aর্থ আiন,
1999 (1999 সেনর 16 নং আiন)

The words `ten percent` were substituted for the words `five percent` by
279

section 27 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

280 The proviso was omitted by section 44 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The proviso was added by section 27 of the Finance Ordinance, 2007 (Ord.
281

No. 10 of 2007).

The proviso was substituted by section 2 of the Income Tax (Amendment)

282

Ordinance, 2007 (Ord. No. 32 of 2007).

283The words and comma “provident fund or a workers` profit participation

fund” were substituted for the words “provident fund” by section 25 of aর্থ আiন,
2003 (2003 সেনর 17 নং আiন)

Page 254 of 277

284The words, figures and brackets বয্াংক-েকাmানী আiন, 1991 (1991 সেনর 14 নং আiন)” were
substituted for the words, figures and brackets “the Banking Companies
Ordinance, 1962 (LVII of 1962)” by section 53 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

285 Section 52F was substituted by section 21 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

286 Section 52F was substituted by section 21 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

287The words `taka ten thousand` were substituted for the words `taka seven
thousand and five hundred` by section 28 of the Finance Ordinance, 2007
(Ord. No. 10 of 2007).

288The words `taka twelve thousand` were substituted for the words `taka ten
thousand` by section 28 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

289 The words `taka eighteen thousand` were substituted for the words `taka
fifteen thousand` by section 28 of the Finance Ordinance, 2007 (Ord. No. 10 of
2007).

290 Clause (19) was substituted by section 15 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

291 Clause (19A) was inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

292The words, brackets, comma and figure “Commissioner of Taxes (Appeals)

under section 3, and includes a person appointed to hold current charge of a
Commissioner of Taxes (Appeal)” were substituted for the words brackets and
figure “Commissioner of Taxes (Appeals) under section 3” by section 5 of aর্থ
আiন, 1997 (1997 সেনর 15 নং আiন)

Section 52K was substituted by section 17 of the Finance Ordinance, 2008

293

(Ord. No. 33 of 2008).

Section 52L was inserted by section 29 of the Finance Ordinance, 2007 (Ord.
294

No. 10 of 2007).

Section 52M was inserted by section 29 of the Finance Ordinance, 2007

295

(Ord. No. 10 of 2007).

Section 52N was inserted by section 2 of the Income Tax (Second

296

Amendment) Ordinance, 2008 (Ord. No. 13 of 2008).

297 Section 53 of sub-section (1) was substituted by section 8 of aর্থ আiন, 1992 (1992
সেনর 21 নং আiন)

298The words “The Commissioner of Customs” were substituted for the words
“The Collector of Customs” by section 55 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

Page 255 of 277

299Sections 53A, 53B, 53C and 53D were inserted by section 8 of aর্থ আiন, 1988
(1988 সেনর 33 নং আiন)

300 Sub-section (1) was substituted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

301The words “any company as defined in clause (20) of section 2” were

substituted for the words, brackets and figure “any company as defined in the
Companies Act, 1913 (VII of1913) ” by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words “donation or assistance or any university or medical college or

302

dental college or engineering college” were substituted for the words

“donation or assistance” by section 26 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

303 The Explanation was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

304 Section 53DD was inserted by section 21 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

305 Clause (19B) was omitted by section 15 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

306 Section 53E was substituted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

307The words “or allows any discount” were inserted by section 56 of aর্থ আiন, 2001
(2001 সেনর 30 নং আiন)

308The words “or at the time of allowing discount” were inserted by section 56
of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

309The words “five per cent of commission or fees payable or discount

allowed” were substituted for the words “five per cent of commission or fees
payable” by section 56 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

The words `seven and half percent` were substituted for the words `five
310

percent` by section 33 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

311 Section 53EE was inserted by section 66 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

The words `four percent` were substituted for the words `two and half
312

percent` by section 34 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

313Sections 53F and 53G were inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং
আiন)

The words `housing finance company or post office` were substituted for the
314

words `housing finance company` by section 18 of the Finance Ordinance,

2008 (Ord. No. 33 of 2008).

315 The colon (:) was substituted for the full-stop (.) and thereafter the proviso

Page 256 of 277

was added by section 18 of the Finance Ordinance, 2008 (Ord. No. 33 of
2008).

316 Section 53FF was inserted by section 26 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

The words `taka two hundred and fifty` were substituted for the words `taka
317

one hundred and seventy five` by section 36 of the Finance Ordinance, 2007
(Ord. No. 10 of 2007).

The words `five percent` were substituted for the words `two and half
318

percent` by section 36 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words `three percent` were substituted for the words `seven and half
319

percent` by section 19 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

The full-stop (.) was substituted for colon (:) and the proviso was omitted by
320

section 19 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

321The words “forty thousand taka” were substituted for the words “twenty-five
thousand taka” by section 67 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

The words `seven and half percent` were substituted for the words `five
322

percent` by section 19 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words, commas, figures and brackets “the Companies Act, 1913 (VII of
323

1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন),” were substituted for the words,
comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

324 Section 53GGG was inserted by section 22 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

325 Section 53H was inserted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

326 Sub-section (1) was substituted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

327 Clause (a) was substituted by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

The words “valued at a sum not exceeding one lakh taka” were omitted by
328

section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The semi-colon (;) was substituted for the full-stop (.) and therafter clause (f)
329

was added by section 46 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

330 Clause (f) was omitted by section 27 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

331 The Explanation was inserted by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

Page 257 of 277

 Section 53I was inserted by section 20 of the Finance Ordinance, 2008 (Ord.
332

No. 33 of 2008).

The words `five percent` were substituted for the words `four percent` by
333

section 30 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

Section 53J was inserted by section 20 of the Finance Ordinance, 2008 (Ord.
334

No. 33 of 2008).

Section 53K was inserted by section 20 of the Finance Ordinance, 2008 (Ord.
335

No. 33 of 2008).

336The words “at such percentage” were substituted for the words and the
comma “at such rate, not exceeding seven and a half per cent.” by section 7
of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

337 Section 53BB was inserted by section 23 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

338 Section 53BBB was inserted by section 24 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

Section 53BBBB was inserted by section 31 of the Finance Ordinance, 2007

339

(Ord. No. 10 of 2007).

340The words `which shall be deemed to be an advance payment of tax by

the exporter and shall be given credit for in the assessment of his tax` were
substituted for the words `which will be treated as final discharge of tax liability
regarding the said export` by section 2 of the Income Tax (Amendment)
Ordinance, 2008 (Ord. No. 1 of 2008).

341The words “public auction through sealed tender or otherwise” were

substituted for the words “public auction” by section 4 of aর্থ আiন, 1996 (1996 সেনর
18 নং আiন)

The words, commas, figures, and brackets “the Companies Act, 1913 (VII of
342

1913) or েকাmানী আiন, 1994 (1994 সেনর 18নং আiন)` were substituted for the words,
comma, figures and brackets “ the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

343 Section 53CC was inserted by section 20 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

The words `seven and half percent` were substituted for the words `five
344

percent` by section 32 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

345 Section 54 was substituted by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

346The words `a non-resident other than non-resident Bangladeshi` were

substituted for the words `a non-resident` by section 21 of the Finance

Page 258 of 277

Ordinance, 2008 (Ord. No. 33 of 2008).

347The words `a resident or a non-resident Bangladeshi` were substituted for

the words `a resident` by section 21 of the Finance Ordinance, 2008 (Ord. No.
33 of 2008).

348 Sub-section (2) was substituted by section 27 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

349 The proviso was omitted by section 27 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

The words “payable on the amount at the rate of twenty-five per cent”
350

were substituted for the words, figure, brackets and letter “payable on the
amount at the rates specified in paragraph 3(b) of the Second Schedule” by
section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

Clause (b) was substituted by section 22 of the Finance Ordinance, 2008

351

(Ord. No. 33 of 2008).

Clause (c) was inserted by section 22 of the Finance Ordinance, 2008 (Ord.
352

No. 33 of 2008).

353The words “the National Board of Revenue” were substituted for the words
“the Deputy Commissioner of Taxes” by section 58 of aর্থ আiন, 2001 (2001 সেনর 30 নং
আiন)

354The words “its belief” were substituted for the words “his belief” by section 58
of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

The existing provision of section 57 was numbered as sub-section (1) of that

355

section by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

Sub-section (2) was substituted by section 23 of the Finance Ordinance,

356

2008 (Ord. No. 33 of 2008).

357 The third proviso was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The words `three lakh taka` were substituted for the words `two lakh taka`
358

by section 40 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words “exceeds two lakh taka” were substituted for the words “exceeds
359

one lakh taka” by section 59 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

The colon (:) was substituted for the full stop (.) and therafter the proviso was
360

added by section of the Finance Ordinance, 1985 (Ordinance No. XXXII of

1985)

361 The words `three lakh taka` were substituted for the words `two lakh taka`

Page 259 of 277

by section 41 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words “ten per cent” were substituted for the words “twelve per cent”
362

by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

363The words “first day of July of the year of assessment” were substituted for
the words “first day of July of the year in which the advance tax was paid” by
section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

The words “first day of July” were substituted for the words “first day of April”
364

by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

The words “ten per cent” were substituted for the words “twelve per cent”
365

by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

366The words “seventy-five per cent of the assessed tax” were substituted for
the words “the assessed tax” by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

The words “first day of July” were substituted for the words “first day of April”
367

by section 48 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words “first day of July” were substituted for the words “first day of April”
368

by section 48 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words, commas and figure `or tax liabilities calculated, to whom it is
369

applicable, as per the provision of section 16CC of this Ordinance` were

omitted by section 24 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

The words “three years” were substituted for the words “five years” by
370

section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

The colon (:) was substituted for the full stop (.) and the proviso was added
371

by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

372Sub-section (1A) was substituted by section 27 of aর্থ আiন, 2003 (2003 সেনর 17 নং
আiন)

373 Sub-clause (iv) was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

374The semi-colon (;) was substituted for the full-stop (.) and clause (g) was
inserted by section 28 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

375 Sub-section (1B) was inserted by section 61 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

376The brackets, figures, comma and word “(1), (1A) and (1B)” were
substituted for the brackets, figures and word “(1) and (1A)” by section 61 of aর্থ
আiন, 2001 (2001 সেনর 30 নং আiন)

Page 260 of 277

 Sub-clause (ii) was substituted by section 25 of the Finance Ordinance, 2008
377

(Ord. No. 33 of 2008).

378 Clause (d) was substituted by section 49 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

379 Sub-clause (i) was substituted by section 28 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

380The words “where the total income in the income year exceeds three lakh
taka” were omitted by section 28 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

381 The proviso was substituted by section 49 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
382

was added by section 25 of the Finance Ordinance, 2008 (Ord. No. 33 of

2008).

383 Sub-section (1) was substituted by section 62 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

The words “twenty-one days” were substituted for the words “thirty days” by
384

section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

385The words and comma “such accounts, statements and documents” were
inserted by section 50 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

386 The word “and” was omitted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The word “statements” was substituted for the words “a statement” by

387

section 29 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

388The semi-colon (;) was substituted for the full stop (.) and thereafter the
clause (d) was inserted by section 29 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

389The word “statements” was substituted for the word “statement” by section
29 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

Section 82 was substituted by section 26 of the Finance Ordinance, 2008

390

(Ord. No. 33 of 2008).

The existing provision of section 82 was renumbered as sub-section (1) by

391

section 70 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

392Sections 82A and 82B were inserted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং
আiন)

393The words and comma “on the basis of such assessment, and communicate
the assessment order to the assessee within thirty days next following” were

Page 261 of 277

substituted for the words “on the basis of such assessment” by section 4 of aর্থ
আiন, 1996 (1996 সেনর 18 নং আiন)

394 Clause (b) was substituted by section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

395 Clause (bb) were inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

Section 82B was omitted by section 27 of the Finance Ordinance, 2008 (Ord.
396

No. 33 of 2008).

397 Sub-section (1) was substituted by section 29 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

398 Section 82C was inserted by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

399 The word “and” was omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

400Clauses (e) and (f) were omitted by section 71 of aর্থ আiন, 2000 (2000 সেনর 15 নং
আiন)

401Clauses (g), (h), (i), (j), (k), (l) and (m) were inserted by section 71 of aর্থ আiন,
2000 (2000 সেনর 15 নং আiন) 5

402 Clause (g) was omitted by section 52 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

403 Clause (la) was substituted by section 30 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

404 Clause (lb) was inserted by section 30 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

405The semi-colon (;) was substituted for the full stop (.) and thereafter the
clauses (lc), (ld) and (le) were inserted by section 31 of aর্থ আiন, 2005 (2005 সেনর 16 নং
আiন)

406 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses
(lf) and (lg) were inserted by section 23 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

407 Clause (m) was omitted by section 63 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

408 The proviso was substituted by section 71 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

409 Clause (iii) was omitted by section 52 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

410The comma, words, figures and letters “, interest on savings instruments

under section 52D and business of real estate for the purpose of collection of
tax under section 52H” were substituted for the words “and dividend under
section 54” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

Page 262 of 277

411The commas, words, figures and letters “, interest under section 53F,
winnings under section 55, export of manpower under section 53B,
remuneration or reward under section 53G, auction purchase under section
53C, payment on account of survey under section 53GG and commission or
discount under section 52J” were substituted for the words, figure and letter
“and business of real estate for the purpose of collection of tax under section
52H]” by section 70 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

The words, figure, letter and comma “interest under section 53F,” were
412

omitted by section 52 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

413The words, comma, figures and brackets “payment on account of royalty or

technical know-how fee under section 52A(2), commission from clearing and
forwarding under section 52AAA” were substituted for the words, figure and
brackets “payment on account of fees for technical services under section
52A(2)” by section 30 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

414The words, commas and figures “clearing and forwarding under section
52AAA, freight earning from shipping business of a resident under section
53AA, transfer of property by real estate or land developer under section 53FF,
transaction by a member of any stock exchange under section 53BBB” were
substituted for the words and figure “clearing and forwarding under section
52AAA” by section 31 of aর্থ আiন, 2005 (2005 সেনর 16 নং আiন)

The comma, words, figures and letters “, courier business of non-resident

415

under section 53CC, export cash subsidy under section 53DD” were inserted by
section 23 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

The words, figure and letter “and commission or discount under section 52J”
416

were omitted by section 63 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

417 Section 82D was inserted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words, comma and figure `other than under the proviso of section 82,
418

under section 83A or 83AA` was omitted by section 28 of the Finance

Ordinance, 2008 (Ord. No. 33 of 2008).

419 The words, bracket and figure `a number of these returns filed under sub-
section (1)` were substituted for the words, bracket and figure` of these returns
filed under sub-section (1)` by section 28 of the Finance Ordinance, 2008 (Ord.
No. 33 of 2008).

420 Section 83 was substituted by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

421Clauses (bb) and (bbb) were substituted for former clause (bb) by section 7
of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)17

Page 263 of 277

422 Section 83A was substituted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words and comma “a portion, not exceeding twenty per cent” were
423

omitted by section 31 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

424The words “not incorporated by or under any law” were substituted for the
words “whether incorporated or not” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং
আiন)

425 Section 83AA was inserted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

426 The words, commas, figures and brackets “for the assessment year
commencing on or after the first day of July, 1997 and ending on or before
thirtieth day of June, 1999 (both days inclusive)” were omitted by section 6 of
aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

427 Section 83AAA was inserted by section 73 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

428 Section 84 was substituted by section 55 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words, commas, figures and brackets “the Companies Act, 1913 (VII of
429

1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)” were substituted for the words,
comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

430 Clause (a) was omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words “a firm” were substituted for the words “an unregistered firm” by
431

section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

432The word “income” was substituted for the word “tax” by section 6 of aর্থ আiন,
1995 (1995 সেনর 12 নং আiন)

The words “and he has obtained” were substituted for the words “or he has
433

obtained” by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words “five years” were substituted for the words “eight years” by
434

section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The figure and comma `121,` was omitted by section 30 of the Finance
435

Ordinance, 2008 (Ord. No. 33 of 2008).

The words “five years” were substituted for the words “eight years” by
436

section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

437 Sub-section (1) was substituted by section 33 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

Page 264 of 277

438 Section (1A) was inserted by section 30 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

439The words, bracket and figure `sub-section (3) of section 82BB` were
substituted for the words, brackets and figure`sub-section (2) of secion 82B,
sub-section (3) of section 82BB or sub-section (2) of 83A` by section 31 of the
Finance Ordinance, 2008 (Ord. No. 33 of 2008).

440The words “one year” were substituted for the words “two years” by section
6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

441The figure, letter and comma “152E,” were omitted by section 56 of aর্থ আiন,
2002 (2002 সেনর 14 নং আiন)

The words “shall be made within thirty days” were substituted for the words “
442

may be made within sixty days” by section 56 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

443The words “within sixty days from the date on which the order was
communicated” were substituted for the words “within two years from the end
of the year in which the order was made” by section 8 of aর্থ আiন, 1992 (1992 সেনর 21
নং আiন)

444 The words “and communicate such revised order to the assessee within
thirty days next following” were inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18
নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
445

was added by section 33 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

446The figure, letter and comma “152E,” was omitted by section 56 of aর্থ আiন,
2002 (2002 সেনর 14 নং আiন)

The figure and comma `121,` was omitted by section 31 of the Finance
447

Ordinance, 2008 (Ord. No. 33 of 2008).

The figure and comma `121,` was omitted by section 31 of the Finance
448

Ordinance, 2008 (Ord. No. 33 of 2008).

449The words, brackets, comma and figure “Commissioner of Taxes (Appeals)

under section 3, and includes a person appointed to hold current charge of a
Commissioner of Taxes (Appeal)” were substituted for the words brackets and
figure “Commissioner of Taxes (Appeals) under section 3” by section 5 of aর্থ
আiন, 1997 (1997 সেনর 15 নং আiন)

The words, commas, brackets and figures “the Companies Act, 1913 (VII of
450

1913) or েকাmানী আiন, 1994 (1994 সেনর 18 নং আiন)” were substituted for the words,
comma, brackets and figures “the Companies Act, 1913 (VII of 1913)” by
section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

Page 265 of 277

451 Section 102 was substituted by section 12 of aর্থ আiন, 1989 (1989 সেনর 36 নং আiন)

The words “Commissioner of Customs” were substituted for the words

452

“Collector of Customs” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

453 Clause (25) was substituted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

454 Section 103A was inserted by section of aর্থ আiন, 1989 (1989 সেনর 36 নং আiন)

455The words, commas, figures and brackets “the Gift-tax Act, 1963 (XIV of
1963) or দান কর আiন, 1990 (1990 সেনর 44 নং আiন)` were substituted for the words,
comma, figures and brackets “the Gift-tax Act, 1963 (XIV of 1963)” by section 6
of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

456The words “fifteen thousand taka” were substituted for the words “five
thousand taka” by section 10 of the Finance Ordinance, 1986 (Ordinance No.
XLV of 1986)

457 Clause (25A) was inserted by section 15 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

458The words and commas “the Commissioner, the Director General, Central
Intelligence Cell,” were substituted for the words “ the Commissioner” by
section 34 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

459The words and comma “Senior Commissioner, the” were omitted by section
6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words “Directors-General of Inspection” were substituted for the words

460

“Director of Inspection” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

461The words and commas “the Commissioner, the Director General, Central
Intelligence Cell,” were substituted for the words “the Commissioner” by
section 35 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

462The words and comma “the Senior Commissioner,” were omitted by section
6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words “Directors-General of Inspection” were substituted for the words

463

“Director of Inspection” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

464The words and commas “the Commissioner, the Director General, Central
Intelligence Cell,” were substituted for the words “the Commissioner” by
section 35 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

465The words and commas “the Commissioner, the Director General, Central
Intelligence Cell,” were substituted for the words “the Commissioner” by

Page 266 of 277

section 35 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

466The words “Senior Commissioner or” were omitted by section 6 of aর্থ আiন, 1995
(1995 সেনর 12 নং আiন)

467The words “the Senior Commissioner or” were omitted by section 6 of aর্থ আiন,
1995 (1995 সেনর 12 নং আiন)

The words “Directors-General of Inspection” were substituted for the words

468

“Director of Inspection” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

469The words and commas “the Commissioner, the Director General, Central
Intelligence Cell,” were substituted for the words “the Commissioner” by
section 36 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
470

was added by section 46 of the Finance Ordinance, 2007 (Ord. No. 10 of

2007).

471The words “the Senior Commissioner or” were omitted by section 6 of aর্থ আiন,
1995 (1995 সেনর 12 নং আiন)

472The words “the Senior Commissioner or” were omitted by section 6 of aর্থ আiন,
1995 (1995 সেনর 12 নং আiন)

473 Section 117A was inserted by section 32 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

474The words “the Senior Commissioner or” were omitted by section 6 of aর্থ আiন,
1995 (1995 সেনর 12 নং আiন)

The words “Directors-General of Inspection” were substituted for the words

475

“Director of Inspection” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

476 Clause (25AA) was inserted by section 11 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

Section 121 was omitted by section 47 of the Finance Ordinance, 2007 (Ord.
477

No. 10 of 2007).

The words “sixty days” were substituted for the words “ninety days” by
478

section 24 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

The comma and words “, the Commissioner (Appeals)” were inserted by

479

section of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

480 Section 124 was substituted by section 37 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

481 The words `taka one thousand` were substituted for the words `taka two

Page 267 of 277

thousand five hundred` by section 48 of the Finance Ordinance, 2007 (Ord.
No. 10 of 2007).

482 The words `taka fifty` were substituted for the words `taka two hundred and
fifty` by section 48 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The word `or` was substituted for the comma (,) by section 48 of the Finance
483

Ordinance, 2007 (Ord. No. 10 of 2007).

The word and figure `or 113` were omitted by section 48 of the Finance
484

Ordinance, 2007 (Ord. No. 10 of 2007).

The Colon (:) was substituted for the full-stop (.) and thereafter the proviso
485

was added by section 48 of the Finance Ordinance, 2007 (Ord. No. 10 of

2007).

The words, figures and brackets “under sub-section (1) or (2) of section 83”
486

were substituted for the figure “83” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

487The comma words and brackets “, the Commissioner (Appeals)” were

inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

488The word `he or it shall impose upon such person a penalty of ten percent`
were substituted for the words `he or it may impose upon such person a
penalty of a sum not exceeding two and a half times the amount` by section
32 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

The colon (:) was substituted for the full stop (.) and thereafter the proviso
489

was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The proviso was substituted by section 32 of the Finance Ordinance, 2008

490

(Ord. No. 33 of 2008).

491 Clause (dd) was inserted by section 27 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The full stop (.) was substituted for the colon (:) and the proviso was omitted
492

by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
493

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

494 Sub-section (1A) was inserted by section 74 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

495The words, figures and comma `except an order passed under section 83A
and section 83AA in pursuance of this Ordinance,` were omitted by section 33
of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).

Page 268 of 277

496 Sub-sections (1B) and (1C) were inserted by section 59 of aর্থ আiন, 2002 (2002 সেনর
14 নং আiন)

497 The words “the Deputy Commissioner of Taxes shall” were substituted for the
words “the Deputy Commissioner of Taxes may in his discretion” by section 6 of
aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

498 Sub-clause (iiia) was inserted by section 27 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

Sub-section (2) was substituted by section 34 of the Finance Ordinance,

499

2008 (Ord. No. 33 of 2008).

500 Section 142A was inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

501The words and commas “in whose territorial jurisdiction the office of the
Deputy Commissioner of Taxes is situate, or the assessee resides, or owns
property or carries on business or profession,” were omitted by section 6 of aর্থ
আiন, 1999 (1999 সেনর 16 নং আiন)

502The words, brackets and figures “in sub-section (1A) or (2)” were substituted
for the words, brackets and figure “in sub-section (2)” by section 6 of aর্থ আiন,
1999 (1999 সেনর 16 নং আiন)

503 Sub-section (1A) was inserted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “any money or goods” were substituted for the words “any
504

money” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “any money or goods” were substituted for the words “any
505

money” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

506The words and commas “refund the amount, unless set off against tax or
treated as payment of tax as per provisions of section 152,” were substituted
for the words and commas “except as otherwise provided in this Ordinance,
refund the amount” by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

507The words and comma “the assessee, within thirty days from the date on
which the refund has become due” were substituted for the words “the
assessee” by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

The words “within sixty days” were substituted for the words “within thirty
508

days” by section 4 of aর্থ আiন, 1996 (1996 সেনর 18 নং আiন)

509The words and figures “under sections 146 and 147” were substituted for the
words and commas “under this Chapter” by section 5 of aর্থ আiন, 1997 (1997 সেনর 15
নং আiন)

Page 269 of 277

510The words “relevant assessment order or” were omitted by section 6 of aর্থ
আiন, 1995 (1995 সেনর 12 নং আiন)

511The words “claim for refund or refund becoming due consequent upon any
order passed in appeal or other proceeding under this Ordinance” were
substituted for the words “claim for refund” by section 4 of aর্থ আiন, 1996 (1996 সেনর
18 নং আiন)

The words “seven and a half per cent” were substituted for the words “ten
512

per cent” by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

513The words and commas “or treated, at the option in writing of that person,
as payment of tax payable under section 64 or section 74 thereof” were
inserted by section 8 of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

514 Sub-clause (iv) was omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

515The words “and includes a person appointed to hold current charge of an

Extra Assistant Commissioner of Taxes” were added by section 6 of aর্থ আiন, 1999
(1999 সেনর 16 নং আiন)

516 The words and commas “assessee, not being a company, aggrieved” were
substituted for the words “assessee aggrieved” by section 8 of aর্থ আiন, 1990 (1990
সেনর 45 নং আiন)

517 Clause (e) was substituted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and figures “124, 125, 126, 127 or 137” were substituted for the
518

words and figures “89, 124 or 137” by section 7 of aর্থ আiন, 1991 (1991 সেনর 21 নং আiন)

519 The comma and figure “,128” was inserted by section 6 of aর্থ আiন, 1995 (1995
সেনর 12 নং আiন)

520Sub-sections (1A), (1B) and (1C) were inserted by section 8 of aর্থ আiন, 1990
(1990 সেনর 45 নং আiন)

521The words “any assessee aggrieved by any order” were inserted by section
7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

522The words and figure “or section 137” were inserted by section 7 of aর্থ আiন,
1991 (1991 সেনর 21 নং আiন)

523 Sub-section (3) was substituted by section 75 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

524The words “two hundred taka” were substituted for the words “one hundred
taka” by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

Page 270 of 277

 The words “forty five days” were substituted for the words “sixty days” by
525

section 25 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

The words commas and brackets “or the Commission (Appeals), as the case
526

may be,” were inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

527 Clause (30) was substituted by section 53 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
528

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
529

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
530

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
531

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
532

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The colon (:) was substituted for the semi-colon (;) and thereafter the proviso
533

was added by section 27 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
534

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The proviso was added by section 6 of the Finance Act, 1994 (Act No. XI of
535

1994)

The words and brackets “or the Commissioner (Appeals)” were inserted by
536

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
537

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
538

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
539

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words “within thirty days of the passing of such order” were inserted by
540

section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

Page 271 of 277

 The words `thirty days` were substituted for the words `fifteen days` by
541

section 49 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The words and brackets “or the Commissioner (Appeals)” were inserted by
542

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

543The words “ninety days from the date on which the appeal was filed” were
substituted for the words “a period of one year from the end of the month in
which the appeal was filed” by section 62 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words `ninety days from the end of the month` were substituted for the
544

words `ninety days from the date` by section 49 of the Finance Ordinance,
2007 (Ord. No. 10 of 2007).

The words, brackets and commas “or the Commissioner (Appeals), as the
545

case may be,” were inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

546Clauses (b) and (c) were omitted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং
আiন)

547 Sub-section (2) was substituted by section 39 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

The words `ten percent` were substituted for the words `fifteen percent` by
548

section 50 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The full-stop (.) was substituted for the Colon (:) and thereafter the proviso
549

was omitted by section 50 of the Finance Ordinance, 2007 (Ord. No. 10 of

2007).

550 Sub-section (2A) was inserted by section 33 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

551 Sub-section (4) was substituted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

552 The words, figures and brackets “sub-section (1) or sub-section (2A)” were
substituted for the words, figure and bracket “sub-section (1)” by section 33 of
aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

553The words, figure and bracket “or sub-section (3)” were omitted by section
63 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

554The words, figure and bracket “and shall, except in the case of an appeal
under sub-section (2A)” were substituted for the words “and shall” by section
33 of aর্থ আiন, 2003 (2003 সেনর 17 নং আiন)

The words, bracket, figure and comma “except in the case of an appeal
555

under sub-section (3),” were omitted for the words “and shall” by section 63 of

Page 272 of 277

aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words “five hundred” were substituted for the words “three hundred” by
556

section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

557 The words “to the assessee and to the Commissioner within one hundred
and twenty days from the date of such order” were substituted for the words
“to the assessee and to the Commissioner” by section 5 of aর্থ আiন, 1997 (1997 সেনর
40 নং আiন)

The words `thirty days` were substituted for the words `fifteen days` by
558

section 51 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

559 Sub-section (6) was inserted by section 7 of aর্থ আiন, 1991 (1991 সােলর 21 নং আiন)

560 The words “six months from the end of the month in which the appeal was
filed” were substituted for the words “two years from the end of the year in
which the appeal was filed” by section 64 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words `six months` were substituted for the words `four months` by
561

section 51 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).

562 The proviso was added by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

The colon (:) was substituted for the full stop (.) and thereafter the proviso
563

was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The colon (:) was substituted for the full stop (.) and thereafter the provisos
564

were inserted by section 64 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The words “within ninety days” were substituted for the words “within sixty
565

days” by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “two thousand taka” were substituted for the words “one
566

hundred taka” by section 65 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

The colon (:) was substituted for the full stop (.) and thereafter the proviso
567

was added by section 4 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

568 The provisos were omitted by section 6 of aর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
569

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The words and brackets “or the Commissioner (Appeals)” were inserted by
570

section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

Page 273 of 277

571The comma, words and brackets “, the Commissioner (Appeals)” were
inserted by section 8 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

The colon (:) was substituted for the full stop (.) and thereafter the proviso
572

was added by section 5 of aর্থ আiন, 1990 (1990 সেনর 45 নং আiন)

573 The provisos were omitted by section 6 of Aaর্থ আiন, 1995 (1995 সেনর 12 নং আiন)

574 Clause (m) was substituted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

575 The word “or” was omitted by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং আiন)

576The semi-colon and the word “; or” were substituted for the full-stop (.) and
thereafter sub-clause (r) was added by section 6 of aর্থ আiন, 1994 (1994 সেনর 11 নং
আiন)

577The words “or collect” were inserted by section of aর্থ আiন, 1989 (1989 সেনর 36 নং
আiন)

578 The words, commas and the semi-colon (;) “but does not include, in the
case of a shareholder of a Bangladeshi company, the amount representing
the face value of any bonus shares or the amount of any bonus declared,
issued or paid by the company to its shareholders with a view to increasing its
paid-up share capital;” were omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং
আiন)

579The words “but shall not be less than three months” were inserted by section
6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The words “and which he either knows or believes to be false or does not
580

believe to be true” were omitted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

The semi-colon (;) was substituted for the full stop and thereafter clause (c)
581

was inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

582The semi-colon (;) was substituted for the full stop (.) and thereafter clause
(d) was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

583The words “but shall not be less than three months” were inserted by section
6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

584The words `The Board may` were substituted for the words `The
Commissioner may` by section 36 of the Finance Ordinance, 2008 (Ord. No. 33
of 2008).

585 Section 173A was inserted by section 8 of aর্থ আiন, 1987 (1987 সেনর 27 নং আiন)

Page 274 of 277

586 Clause (c) was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The colon (:) was substituted for the full-stop (.) and thereafter the proviso
587

was added by section 27 of aর্থ আiন, 2006 (2006 সেনর 22 নং আiন)

588The word “Board” was substituted for the word “Commissioner” by section 8
of aর্থ আiন, 1992 (1992 সেনর 21 নং আiন)

The colon (:) was substituted for the semi-colon (;) and thereafter the proviso
589

was inserted by section 8 of aর্থ আiন, 1988 (1988 সেনর 33 নং আiন)

590 Second and third provisos were omitted by section 8 of aর্থ আiন, 1992 (1992 সেনর
21 নং আiন)

591 The provisos were inserted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

592The words “either by registered post or” were substituted for the words
“either by post or” by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

593The words `with acknowledgement due` were omitted by section 52 of the

Finance Ordinance, 2007 (Ord. No. 10 of 2007).

The full stop (.) was substituted for the colon (:) and the proviso was omitted
594

by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

595 The Explanation was omitted by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

596 The Explanation was added by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The comma and words “, and includes a Senior Inspecting Joint

597

Commissioner of Taxes” were added by section 10 of the Finance Ordinance,

1986 (Ordinance No. XLV of 1986)

598 Section 184A was substituted by section 5 of aর্থ আiন, 1997 (1997 সেনর 15 নং আiন)

599The words “tax-payer's identification number” were substituted for the words
“tax identification number” by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

600 Clause (aa) was inserted by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

601The semi-colon (;) was substituted for the full-stop (.) and thereafter clause
(d) was added by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

602 Clause (d) was substituted by section 41 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

603The semi-colon (;) was substituted for the full stop (.) and thereafter clauses
(e), (f) and (g) were added by section 77 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

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604Clauses (f) and (ff) were substituted for former clause (f) by section 66 of aর্থ
আiন, 2002 (2002 সেনর 14 নং আiন)

605The comma and words “, change of ownership” were inserted by section 65

of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

The semi-colon was substituted for the full stop (.) and thereafter clause (h)
606

was added by section 66 of aর্থ আiন, 2002 (2002 সেনর 14 নং আiন)

607The words `commercial bank or a leasing company` were substituted for

the words `commercial bank` by section 53 of the Finance Ordinance, 2007
(Ord. No. 10 of 2007).

Clauses (k), (l) and (m) were substituted for the former clauses (k) and (l) by
608

section 41 of aর্থ আiন, 2004 (2004 সেনর 16 নং আiন)

609The Semi-colon (;) was substituted for the full-stop (.) and thereafter the
clause (n) was added by section 53 of the Finance Ordinance, 2007 (Ord. No.
10 of 2007).

610 Section 184AA was inserted by section 78 of aর্থ আiন, 2000 (2000 সেনর 15 নং আiন)

611 Section 184C was inserted by section 6 of aর্থ আiন, 1999 (1999 সেনর 16 নং আiন)

612 The word “assessed” was substituted for the words and commas “assessed,
by the thirty first day of December, every year” by section 79 of aর্থ আiন, 2000 (2000
সেনর 15 নং আiন)

Section 184D was inserted by section 80 of A_© AvBb, 2000 (2000 m‡bi 15 bs
613

AvBb)

614 Section 184B was added by section 7 of aর্থ আiন, 1993 (1993 সেনর 18 নং আiন)

The words “or any person who applies for tax payer's identification number”
615

were inserted by section 66 of Aaর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

616 Section 184BB was inserted by section 67 of aর্থ আiন, 2001 (2001 সেনর 30 নং আiন)

Sections 184BBB was inserted by section 54 of the Finance Ordinance, 2007

617

(Ord. No. 10 of 2007).

The colon (:) was substituted for the full stop (.) and thereafter the proviso
618

was added by section 6 of aর্থ আiন, 1998 (1998 সেনর 14 নং আiন)

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Copyright®2008, Ministry of Law, Justice and Parliamentary Affairs

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