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 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 Ordinance,
commencement 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

Income-tax Ordinance, 1984 Page 1

 marketable any such produce as 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) (i) the sum for which property might reasonably be expected to
let from year to year 1[ ***] 2[ and any amount received by letting
out furniture, fixture, fittings etc; 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;
3
[ * * *]

(4) “Appellate Joint Commissioner” means a person appointed to

be an Appellate Joint Commissioner of Taxes under section 3 4[ ,

Income-tax Ordinance, 1984 Page 2

 and includes a 5[ an Appellate Additional Commissioner of
Taxes]] 6[ 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;
7
[ (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 8[ 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;

(10) “Assistant Commissioner of Taxes” means a person

appointed to be an Assistant Commissioner of Taxes under

Income-tax Ordinance, 1984 Page 3

 section 3;

(11) “Bangladeshi company” means a company formed and

registered under the Companies Act, 1913 (VII of 1913) 9[ or

m i, 1994 (1994  18  i), 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 10[ -

m i, 1991 (1991  14  i)], 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 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

Income-tax Ordinance, 1984 Page 4

 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;
11
[ (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);]
12
[ (19A) “Commissioner (Appeals)” means a person appointed to
be a 13[ Commissioner of Taxes (Appeals) under section 3 and
includes a person appointed to hold current charge of a
Commissioner of Taxes (Appeal)];
14
[ * * *]

(20) “Company” means a company as defined in 15[ the

Companies Act, 1913 (VII of 1913) or
m i, 1994
(1994  18  i)] 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; 16[ * * *]
17 18
[ [ (bb) an association or combination of persons, called by
whatever name, if any of such persons is a company as defined in
19
[ the Companies Act, 1913 (VII of 1913) or
m i,

Income-tax Ordinance, 1984 Page 5

 1994 (1994  18  i)];

(bbb) any association or body incorporated by or under the laws

of a country outside Bangladesh; and]

(c) any foreign association or body, 20[ 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 21[ the Companies Act, 1913 (VII of
1913) or
m i, 1994 (1994  18  i)];
22
[ (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);]
23
[ (25A) “Director General (Training)” means a person appointed
to be Director General (Training);]
24
[ (25AA) “Director General, Central Intelligence Cell” means of
persons appointed to be Director General, Central Intelligence
Cell 25[ or 26[ any Additional Director General, Central
Intelligence Cell or] any Joint Director General, Central
Intelligence Cell or Deputy Director General, Central Intelligence
Cell authorised by him]];

Income-tax Ordinance, 1984 Page 6

 (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;
27
[ (dd) any profit remitted outside Bangladesh by a company not
incorporated in Bangladesh under
m i, 1994 (1994
 18  i)];
(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 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

Income-tax Ordinance, 1984 Page 7

 by it and treated as dividend within the meaning of sub-clause (e)
to the extent to which it is so set off;
28
[ (iiia) any bonus share issued by a company;] 29[ * * *]

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 30[ and includes a person appointed to hold current
charge of an Extra Assistant Commissioner of Taxes];
31
[ (30) “fair market value” means, in relation to capital 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

Income-tax Ordinance, 1984 Page 8

 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 of this Ordinance 32[ :

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
m i, 1994
(1994  18  i)]; to its shareholders with a view to
increase its paid-up share capital shall not be included as income
of that share-holder.]
33
[ * * *]

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

means-

(a) the financial year immediately preceding the assessment year;

Income-tax Ordinance, 1984 Page 9

 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 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

Income-tax Ordinance, 1984 Page 10

 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
34
[ , and includes 35[ an Inspecting Additional Commissioner of
Taxes]] 36[ 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-

(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;

Income-tax Ordinance, 1984 Page 11

 (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);
37
[ (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 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

Income-tax Ordinance, 1984 Page 12

 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;
38
[ * * *]

(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

Income-tax Ordinance, 1984 Page 13

 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 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; 39[ (e) any leave encashment;]

Income-tax Ordinance, 1984 Page 14

 (59) “scheduled bank” has the same meaning as in the Bangladesh
Bank Order, 1972 (P. O. No. 127 of 1972); 40[ * * *]

(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-

(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; 41[ (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;]
42
[ * * *]

(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

Income-tax Ordinance, 1984 Page 15

 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;
43
[ * * *]

(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,

44
[ * * *]
45
[ (2) Directors-General of Inspection (Taxes),]
46
[ (2A) Commissioner of Taxes (Appeals),]
47
[ (2B) Commissioner of Taxes (Large Taxpayer Unit),]
48
[ (2C) Director General (Training),]
49
[ (2D) Director General, Central Intelligence Cell,]

(3) Commissioners of Taxes,

50
[ (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,

Income-tax Ordinance, 1984 Page 16

 (5) Deputy Commissioners of Taxes,

(6) Tax Recovery Officers,

(7) Assistant Commissioners of Taxes,

(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 in public
authorities services and posts, appointment of income-tax authorities shall be
made in accordance with the provisions of this Ordinance.

(2) The Board may appoint 51[ Director General, Central

Intelligence Cell,] 52[ * * *] as many 53[ Directors-General of
Inspection], 54[ 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.
55
[ (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.
56
Delegation of [ 4A. The Board may, by notification in the official Gazette, and
powers subject to such limitations or conditions, if any, as may be
specified therein, empower by name or designation,-

(a) any Inspecting Additional Commissioner of Taxes to exercise

the powers of a Commissioner of Taxes 57[ ;]

(b) any Appellate Additional Commissioner of Taxes to exercise

the powers of a Commissioner of Taxes (Appeal) 58[ ; and

Income-tax Ordinance, 1984 Page 17

 (c) any Additional Director General or Joint Director General of
Central Intelligence Cell to exercise the powers of Director
General, Central Intelligence Cell.]
Subordination 5. 59[ (1) The 60[ * * *] Directors-General of Inspection,
and control of Commissioners (Appeals), and Commissioners shall be
income-tax subordinate to the Board.]
authorities
(2) The 61[ Additional Commissioners of Taxes, Joint
Commissioners of Taxes], Deputy Commissioners of Taxes and
Inspectors shall be subordinate to the Commissioners 62[ 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 63[ 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,-
income-tax
64
authorities [ * * *]
65
[ (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

Income-tax Ordinance, 1984 Page 18

 (v) such other functions as may be assigned to them by the
Board;]
66
[ (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 prosecutions in fit cases;

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

(b) the Commissioners 67[ , 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;
68
[ (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

Income-tax Ordinance, 1984 Page 19

 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 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 Ordinance, an
jurisdiction by income-tax authority is succeeded by another, the income-tax
successor 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 performance of
follow any functions under this Ordinance shall, in the matter of
instructions of discharging those functions, observe and follow such orders,
the Board directions or instructions as the Board may issue from time to
time:

Income-tax Ordinance, 1984 Page 20

 Provided that no order, direction or instruction shall be given so
as to interfere with the discretion of the Appellate Joint
Commissioners 69[ or the Commissioners (Appeals)] in the
exercise of their appellate functions.
Guidance to the 9. In the course of any proceedings under this Ordinance, the
Deputy Deputy Commissioner of Taxes may be assisted, guided or
Commissioner instructed by any income-tax authority to whom he is subordinate
of Taxes, etc or any other person authorised in this behalf by the Board.
Exercise of 10. The Commissioner may, with prior approval of the Board, by
assessment general or a special order in writing, direct that in respect of all or
functions by the any proceedings relating to specified cases or classes of cases or
Inspecting Joint specified persons of classes of persons within his jurisdiction, the
Commissioners powers and functions of the Deputy Commissioner of Taxes, 71[
70
[ and the Inspecting Joint Commissioner, the Inspecting Additional
Inspecting Commissioner] and the Commissioner under this Ordinance shall
Additional be exercised by 72[ Inspecting Joint Commissioner, the Inspecting
Commissioners] 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, 73[
Inspecting Joint Commissioner, the Inspecting Additional
Commissioner] or the Commissioner shall be deemed to be
references to 74[ Inspecting Joint Commissioner, the Inspecting
Additional Commissioner], the Commissioner and the Board,
respectively.
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 shall
Tribunal establish a Taxes Appellate Tribunal consisting of a President and
such other 75[ * * *] members as the Government may, from time
to time, appoint.

(2) [Omitted by section 28 of a i, 2002 (2002  14 

i)]
76
[ (3) A person shall not be appointed as a member of the Taxes
Appellate Tribunal unless-
77
[ (i) he was or is a member of the Board or holds the current
charge of a member of the Board ; or]

Income-tax Ordinance, 1984 Page 21

 (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 78[ ; or

(ix) he is or has been a District Judge.]

79
[ (4) The Government shall appoint one of the members of the
Appellate Tribunal to be the President thereof 80[ , who is a
member of the Board or holds the current charge of a member of
the Board].

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 (X of 1961) 81[ 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 of cases
power of the otherwise directs, the powers and functions of the Appellate
Tribunal by Tribunal shall be exercised by Benches of the Appellate Tribunal,
Benches 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 82[ * * *] 83[ .

[* * *]]

Income-tax Ordinance, 1984 Page 22

 Decision of 13. (1) Subject to the provisions of sub-sections (2) and (3), the
Bench 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 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, the
power by one Government may direct that the powers and functions of the
member 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 Appellate
procedure 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-tax shall
income-tax 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 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 Ordinance, 1984 Page 23

 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).
84
Charge of [ 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.]
85
Charge of [ 16B. Notwithstanding anything contained in section 46A,
additional tax where a public limited company, not being a banking or insurance
company, listed with any stock 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.
86
[ Explanation.- For the purpose of this section, “undistributed
profit” means accumulated profit including free reserve.]
Charge of excess 16C. Where a banking company operating under 
m
profit tax i, 1991 (1991   14  i) 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.]
87 88
[ Omitted] [ ***]
89
[ Omitted] 16D. [Charge of dividend distribution tax- Omitted by section 10
of a i, 2005 (2005  16  i), which was inserted

Income-tax Ordinance, 1984 Page 24

 by section 18 of a i, 2003 (2003  17  i).]
90
Charge of tax on [ 16E. Notwithstanding anything contained in any other
sale of share at a provisions of this Ordinance or any other law, where a company
premium over raises its share capital through book building or public offering or
face value rights offering or placement or preference or in any other way at a
value in excess of face value, the company shall be charged, in
addition to tax payable under this Ordinance, tax at the rate of
three per cent on the difference between the value at which the
share is sold and its face value.]
Scope of the 17. (1) Subject to the provisions of this Ordinance the total
total income 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 deemed 18. The following income shall be deemed to accrue or arise in
to accrue or Bangladesh, namely:-
arise in
Bangladesh (1) any income which falls under the head “Salaries”, wherever

Income-tax Ordinance, 1984 Page 25

 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 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

Income-tax Ordinance, 1984 Page 26

 (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 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 an
investments, etc, assessee maintained for any income year and the assessee offers
deemed to be no explanation about the nature and source thereof, or the
income 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 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-tax Ordinance, 1984 Page 27

 “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 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.

Income-tax Ordinance, 1984 Page 28

 (7) Any dividend declared or distributed by a company shall be
deemed to be the income of the 91[ 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”.

(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 92[ * * *], 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” 93[ :
94
[ 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  p  i, 1993 (1993

Income-tax Ordinance, 1984 Page 29

  27  i).]]

(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 95[ except as provided in clause (aa)], 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;
96
[ (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 97[ 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 98[ three years;]

Income-tax Ordinance, 1984 Page 30

 (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:
99
[ 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 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

Income-tax Ordinance, 1984 Page 31

 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”.

(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.
100
[ (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 101[ 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

Income-tax Ordinance, 1984 Page 32

 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.
102
[ (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 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”.]
103
[ (24) Where an assessee, being a private limited company or a
public limited company not listed with a stock exchange,
increases its paid up capital by issuing shares in an income year,
the amount so received as increased paid up capital, not being

Income-tax Ordinance, 1984 Page 33

 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.]
104
[ ***]
105 106
[ Omitted] [ ***]
107 108
[ Omitted] [ ***]
109 110
[ Omitted] [ Omitted]
19B 111[ 112
[ ***] 113[
Omitted]
19BB 114[ 115
[ ***]
Omitted]
19BBB 116[ 117
[ ***]
Omitted]
118
Special tax [ 19C.- Notwithstanding anything contained in any other
treatment in provision of this Ordinance, no question as to the source of any
respect of sum invested by any person in the purchase of bond issued or
investment in caused to be issued under Bangladesh Infrastructure Finance Fund
the purchase of during the period between the first day of July, 2010 and thirtieth
bond under day of June, 2012 (both days inclusive), shall be raised if the
Bangladesh assessee pays, before the filing of return of income for the
Infrastructure relevant income year, tax at the rate of ten per cent on such sum
Finance Fund invested.]
CHAPTER V

COMPUTATION OF INCOME
Heads of income 20. Save as otherwise provided in this Ordinance, all 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.

Income-tax Ordinance, 1984 Page 34

 (f) Capital gains.

(g) Income from other sources.

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

(a) interest receivable by the assessee on any security of 119[ 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.
Deductions from 23. (1) In computing the income under the head “Interest on
interest on securities”, the following allowances and deduction shall be
securities 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 120[ :

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

Income-tax Ordinance, 1984 Page 35

 under section 22.]
121
[ * * *]

(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 head
house property “Income from house property” in respect of the annual value of
any property 122[ , whether used for commercial or residential
purposes,] consisting of any building 123[ ,furniture, fixture,
fittings etc.] 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 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 and deductions shall be
house property 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;
124
[ * * *]

(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

Income-tax Ordinance, 1984 Page 36

 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 125[ :

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;]
126
[ (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;]
127
[ (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.]
128
[ * * *]

(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

Income-tax Ordinance, 1984 Page 37

 (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 VII.

(3) [Omitted by section 7 of a i, 1993 (1993  18 

i)
Agricultural 26. (1) The following income of an assessee shall be classified
income 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 deductions shall be made,
income 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;

(c) (i) subject to sub-clauses (ii) and (iii), the cost of production,

Income-tax Ordinance, 1984 Page 38

 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 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

Income-tax Ordinance, 1984 Page 39

 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 or deducted in accordance
with the provisions of Chapter VII.
Income from 28. (1) The following income of an assessee shall be classified
business or and computed under the head “Income from business or
profession 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-tax Ordinance, 1984 Page 40

 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) 129[ ;

(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;

(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.
130
[ (3) Notwithstanding anything to the contrary contained in any
other provisions of the Ordinance, in the case of Bangladesh

Income-tax Ordinance, 1984 Page 41

 Shilpa Bank, Bangladesh Shilpa Rin Sangstha 131[ , 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 allowances and deductions
business or 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 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 132[ 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 133[ five per cent] of the total income
carried to any special reserve created by such financial institution

Income-tax Ordinance, 1984 Page 42

 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 134[ or bridge or road
or fly over owned by a physical infrastructure undertaking] 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 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;
135
[ * * *]
136
[ * * *]

(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

Income-tax Ordinance, 1984 Page 43

 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 employee.

137
[ * * *]

(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

Income-tax Ordinance, 1984 Page 44

 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;
138
[ * * *]
139
[ (xviiia) in respect of provision for bad and doubtful debt made
by Bangladesh Shilpa Bank or Bangladesh 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;]
140
[ (xviiiaa) in respect of provision for bad and doubtful debt and
interest thereon made by a commercial bank including the
Bangladesh Krishi Bank 141[ , Karmo shongsthan Bank] and the
Rajshahi Krishi Unnayan Bank, a sum equal to 142[ 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:
143
[ Provided further that the deduction shall be allowed only in
respect of the assessment years 1990-91, 1991-92, 1992-93, 1993-
94, 1994-95 144[ ,1995-96, 1996-97, 1997-98, 1998-99] 145[ ,
1999-2000, 2000-2001 146[ , 2001-2002, 2002-2003, 2003-2004
147
[ , 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 148[ :

Income-tax Ordinance, 1984 Page 45

 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, 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 149[ ;

[* * *]]]

(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

Income-tax Ordinance, 1984 Page 46

 facilities for the prosecution of, scientific research;

(c) reference to scientific research related to a business 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 of a trade delegation

Income-tax Ordinance, 1984 Page 47

 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 business or
certain profession shall be admissible in respect of the following,
circumstances 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;
150
[ (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 !"  #я  (value-added tax)
thereon has not been collected or deducted and credited in
accordance with the provisions of !"  #я  i, 1991
(1991  22  i),]

(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

Income-tax Ordinance, 1984 Page 48

 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”;
151
[ (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 152[ two lakh and fifty thousand]:

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;

153
[ (g) any expenditure exceeding ten per cent of the profit under
the head of Head Office expenses by a company, not incorporated
in Bangladesh under
m i, 1994 (1994   18 
i);

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

technical know-how fee or technical assistance fee exceeding 154[
eight 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

Income-tax Ordinance, 1984 Page 49

 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.] 155[
156
Provision for [ 30A. Notwithstanding anything contained in sections 28, 29
disallowance 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 157[
:

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 158[

m i, 1994 (1994  18  i)] subject to the
condition that such assessee is entitled to similar exemption in the
country in which he is a resident.]
Computation of 32. (1) The income under the head “Capital gains” shall be
capital gains 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 a i, 1996 (1996  18

 i).]

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

capital asset” means-

Income-tax Ordinance, 1984 Page 50

 (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-

159
[ * * *]
160 161
[ [ * * *]

(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;

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) 162[ :
163
[ * * *]]
164
[ 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

Income-tax Ordinance, 1984 Page 51

 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 or after that date, purchased a new capital asset for the
165
[ * * *] 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

Income-tax Ordinance, 1984 Page 52

 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 a i, 2000 (2000  15 

i).]
166
[ (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 167[ ***], 168[ * * *]
then no tax shall be charged under section 31.]

(8) [Omitted by section 57 of a i, 2000 (2000  15 

i).]

(9) [Omitted by section 57 of a i, 2000 (2000  15 

i).]

(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 169[ the
Companies Act, 1913 (VII of 1913) or
m i, 1994
(1994  18  i),] 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 170[ the Companies
Act, 1913 (VII of 1913) or
m i, 1994 (1994  18
 i)], 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.]

Income-tax Ordinance, 1984 Page 53

 (11A) 171[ ***]
172
[ (12) Notwithstanding anything contained in 173[ 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.]
Income from 33. The following income of an assessee shall be classified and
other sources 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), 174[ (21A) or (24) applies];
Deductions from 34. (1) The amount of interest paid in respect of money borrowed
income from for the purpose of acquisition of shares of a company.
other sources
(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 the sale
proceeds of such machinery, plant, furniture or building exceeds

Income-tax Ordinance, 1984 Page 54

 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 175[ “Agricultural
accounting 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 176[ the Companies Act, 1913
(VII of 1913) or
m i, 1994 (1994  18  i)]
177
[ * * *] 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.

(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

Income-tax Ordinance, 1984 Page 55

 manner directed under that sub-section; or

(c) a company 178[ * * *] 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 artistic
income from work in the making thereof exceeds twelve months, the amount
royalties, etc, for received or receivable by him during any income year in lump
literary works, sum on account of royalties or copyright fees in respect of that
etc 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.

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:
179
[ 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

Income-tax Ordinance, 1984 Page 56

 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.
180
[ 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
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 computation
loss in of income in respect of any speculation business carried on by the
speculation assessee is a loss, it shall be set off only against the income, if
business 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

Income-tax Ordinance, 1984 Page 57

 assessment 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.
Carry forward of 40. (1) Where, in respect of any assessment year, the net result of
loss under the computation of income from any source under the head “Capital
head “Capital gains” is a loss, it shall be set off only against income from any
gains” 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 income” is a
head loss to the assessee, and such loss has not been wholly set off
“Agricultural under section 37, so much of the loss as has not been so set off, or
income” 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.

Income-tax Ordinance, 1984 Page 58

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

(3) In the case of 181[ 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,-

(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

Income-tax Ordinance, 1984 Page 59

 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 of an
total income 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 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 182[ * * *] 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 183[

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

Income-tax Ordinance, 1984 Page 60

 child, not being a married daughter, by such individual 184[
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, 185[ 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 186[ settlor] or disponer, shall be deemed to be
income of the 187[ 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 188[ .

[* * *]]

(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 189[ settlor], disponer or
transferor, or in any way gives the 190[ 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 191[ 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.
192
[ (2) Subject to the provisions of this Ordinance and the limits,
conditions and qualifications laid down in Part B of the Sixth

Income-tax Ordinance, 1984 Page 61

 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 193[ ten percent]
of the sums specified 194[ in all paragraphs excluding paragraphs
15 and 16 of the said Part B].
195
[ (3) The aggregate of the allowances admissible under 196[ all
paragraphs excluding paragraphs 15 and 16 of Part-B] of the Sixth
Schedule shall not exceed-

(a) 197[ Ten lakh taka:]

198
[ * * *]

Provided that the amount admissible under 199[ clause (a)] shall
not, under any circumstances, exceed 200[ 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 201[ .

[* * *]]
Exemption of 45. (1) Subject to the provisions of this Ordinance, the income,
income of an profits and gains of an industrial undertaking set up in Bangladesh
industrial between the first day of July, 1974, and the thirtieth day of June,
undertaking 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;

Income-tax Ordinance, 1984 Page 62

 (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 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

Income-tax Ordinance, 1984 Page 63

 set up in the areas referred to in sub-section (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.
202
[ (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,
203
[ 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 204[ 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 205[ five years]
beginning with the month of commencement of commercial

Income-tax Ordinance, 1984 Page 64

 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 206[ the Companies Act, 1913 (VII
of 1913) or
m i, 1994 (1994  18  i)] 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;
207 208
[ [ * * *]

(cc) that a part of the income exempted under sub-section (2A) is

invested, 209[ 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 210[ 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 211[ :

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 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 212[ one hundred and eighty days] from

Income-tax Ordinance, 1984 Page 65

 the date of commencement of commercial production:

Provided that the Board may admit an application after the expiry
of the said period of 213[ one hundred and eighty days] if it is
satisfied that there was sufficient cause for not making the
application within the said period.]
214
[ (2C) The Board shall give its decision on an application made
under clause (e) of sub-section (2B) within 215[ 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:
216
[ 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

(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

Income-tax Ordinance, 1984 Page 66

 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.
217
[ (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,
income of a profits and gains of a tourist industry set up in Bangladesh
tourist industry 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;

(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, 218[ 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

Income-tax Ordinance, 1984 Page 67

 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;

(e) that the said industry is approved and, during the relevant
income year, stands approved by the Board for the purposes of
this section.
219
[ (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,
220
[ 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

Income-tax Ordinance, 1984 Page 68

 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 221[ 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 222[ 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;
223 224
[ [ * * *]

(cc) that a part of the income exempted under sub-section (2A) is

invested, 225[ 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 226[ 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 227[ :

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 228[ one hundred and eighty days] of the

Income-tax Ordinance, 1984 Page 69

 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.]
229
[ (2C) The Board shall give its decision on an application made
under clause (d) of sub-section (2B) within 230[ 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 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

Income-tax Ordinance, 1984 Page 70

 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.
231
[ (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.]
232
Exemption from [ 46A. (1) Subject to the provisions of this Ordinance, 233[
tax of newly profits and gains under section 28 from] an industrial undertaking,
established tourist industry or physical infrastructure facility (hereinafter
industrial referred to as the said undertaking) set-up in Bangladesh between
undertakings, etc the first day of July, 1995and the thirtieth day of 234[ June, 2008]
in certain cases (both days 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 235[ Dhaka and Chittagong

divisions], excluding the hill districts of Rangamati, Bandarban
and Khagrachari, for a period of 236[ 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 237[ Rajshahi, Khulna,

Sylhet and Barisal divisions] and the hill districts of Rangamati,
Bandarban and Khagrachari, for a period of 238[ six] years
beginning with the month of commencement of commercial
production or operation of the said undertaking.
239
[ * * *]
240
[ (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,

Income-tax Ordinance, 1984 Page 71

 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 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, 241[ 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
m i, 1994 (1994  18  i) 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;
242
[ * * *]
243
[ (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

Income-tax Ordinance, 1984 Page 72

 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, if any, declared by
the company enjoying tax exemption under this section 244[ :

Provided further that, the provision for purchase of shares of a

company listed with any stock exchange referred to in this clause
shall not be applicable to ready made garments industry, if it re-
invested forty percent of the income exempted under sub-section
(1) in the said undertaking or in any new industrial undertaking
during the period of exemption or within one year from the end of
the period to which the exemption under that sub-section relates.]

(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 245[ within six months from the end of the
month] of commencement of commercial production or operation.
246
[ (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

Income-tax Ordinance, 1984 Page 73

 transaction is made.]

(3) The Board shall give its decision on an application made under
clause (f) of sub-section (2) within 247[ 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 248[ : Provided that the Board shall
not reject any application made under this section unless the
applicant is given a reasonable opportunity of being 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”:
249
[ 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 31 250[ ; and

Income-tax Ordinance, 1984 Page 74

 (c) any income of the said undertaking resulting from
disallowance made under section 30 251[ .

[* * *]]

(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.]
252
Exemption from [ 46B. (1) Subject to the provisions of this Ordinance, income,
tax of newly profits and gains under section 28 from an industrial undertaking,
established tourism industry or physical infrastructure facility (hereinafter
industrial referred to as the said undertaking) set-up in Bangladesh between
undertakings the first day of July, 2008 and the thirtieth day of June, 2011 (both
set-up between days inclusive) shall be exempted from the tax payable under this
the period of Ordinance for the period, and at the rate, specified below:
July, 2008 to
June, 2011, etc. (a) if the said undertaking is set-up in Dhaka and Chittagong
in certain cases divisions, excluding the hill districts of Rangamati, Bandarban
and Khagrachari, for a period of five years beginning with the
month of commencement of commercial production or operation
of the said undertaking:

Period of Exemption Rate of Exemption

For the first two years (first and second 100% of income
year)
For the next two years (third and fourth 50% of income
year)

Income-tax Ordinance, 1984 Page 75

 For the last one year (fifth year) 25% of income

(b) if the said undertaking is set-up in Rajshahi, Khulna,

Sylhet and Barisal divisions and the hill districts of Rangamati,
Bandarban and Khagrachari, for a period of seven years beginning
with the month of commencement of commercial production or
operation of the said undertaking:

Period of Exemption Rate of Exemption

For the first three years (first, second and 100% of income
third year)
For the next three years (fourth, fifth and 50% of income
sixth year)
For the last one year (seventh year) 25% of income

(2) For the purpose of this section,-

(a) ''industrial undertaking'' means :
(i) an industry engaged in the production of textile, textile
machinery, jute goods, high value garments, pharmaceuticals,
melamine, plastic products, ceramics, sanitary ware, steel from
iron ore, MS Rod, CI Sheet, fertilizer, insecticide and pesticide,
computer hardware, petro-chemicals, agriculture machinery,
boilers, compressors, 253[ energy saving bulb, solar energy panel,
barrier contraceptive or rubber latex,] basic raw materials of
drugs, chemicals and pharmaceuticals and any other category of
industrial undertaking as the Government may by notification in
the official Gazette specify;
Explanation: ‘high value garments’ means overcoats, jackets and
suits.
(ii) an industry engaged in agro-processing, ship building,
diamond cutting and any other category of industrial undertaking
as the Government may by notification in the official Gazette
specify;

(b) ”physical infrastructure facility” means sea or river port,

container terminals, internal container depot, container freight
station, Liquefied Natural Gas (LNG) terminal and transmission
line, Compressed Natural Gas (CNG) terminal and transmission
line, gas pipe line, flyover, mono-rail, underground rail,
telecommunication other than mobile phone, large water
treatment plant and supply through pipe line, waste treatment
plant, 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;
(c) ”tourism industry” means residential hotel having facility of
three star or more and any other category of tourist industry

Income-tax Ordinance, 1984 Page 76

 facility as the Government may by notification in the official
Gazette specify.
(3) Notwithstanding anything contained in sub-section (2), for the
purpose of this section industrial undertaking, tourism industry or
physical infrastructure facility shall not include expansion of an
existing undertaking.
(4) 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 any law for the time
being in force with its head office in Bangladesh; or
(ii) a company as defined in the Companies Act, 1913 (VII of
1913) or Companies Act, 1994 (Act No. 18 of 1994) with its
registered office in Bangladesh and having a subscribed and paid
up capital of not less than ten lakh taka on the date of
commencement of commercial production or operation;
(b) that thirty percent of the exempted income under sub-section
(1) is invested in the said undertaking or in any new industrial
undertaking 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 percent of the
exempted income 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, if any, declared by
the company enjoying tax exemption under this section 254[ :

Provided further that, the provision for purchase of shares of a

company listed with any stock exchange referred to in this clause
shall not be applicable to ready made garments industry, if it re-
invested forty percent of the income exempted under sub-section
(1) in the said undertaking or in any new industrial undertaking
during the period of exemption or within one year from the end of
the period to which the exemption under that sub-section relates.]
(c) 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;
(d) that the said undertaking is approved, and during the relevant
income year, stands approved by the Board for the purposes of
this section;

Income-tax Ordinance, 1984 Page 77

 (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 six months from the end of the month of
commencement of commercial production or operation 255[ ;

(f) that the said undertaking obtained a clearance certificate for

the relevant income year from the Directorate of Environment.]
(5) Notwithstanding anything contained in this section, where an
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
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
undertaking shall be deemed to have been withdrawn for that
assessment year in which such transaction is made.
(6) The Board shall give its decision on an application made
under clause (e) of sub-section (4) 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:
Provided that the Board shall not reject any application made
under this section unless the applicant is given a reasonable
opportunity of being heard.
(7) The Board may, on an application of any person aggrieved by
any decision or order passed under sub-section (6), if the
application is made within four months of the receipt of such
decision or order, review the previous decision, order or orders
and pass such order in relation thereto as it thinks fit.
(8) The income, 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”:
Provided that in respect of depreciation, only the allowances for
normal depreciation specified in paragraph 3 of the Third
Schedule shall be allowed.
(9) The income, profits and gains of the undertaking to which this
section applies 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 next year and where it cannot be wholly set off, the amount of
the loss not so set off, shall be carried forward for the following
year and so on, but no loss shall be carried forward beyond the

Income-tax Ordinance, 1984 Page 78

 period specified by the Board in the order issued under sub-
section (6) or (7).
(10) 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;
(b) any income of the said undertaking classifiable as ”Capital
gains” chargeable under the provisions of section 31;
(c) any income of the said undertaking resulting from
disallowance made under section 30.
(11) 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 shall stand withdrawn for
the relevant assessment year and the Deputy Commissioner of
Taxes shall determine the tax payable for such year.
(12) Any such undertaking approved under this section may, not
later 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 order or orders thereon as it may deem fit.
(13) 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.
(14) The Board may make rules regulating the procedure for the
grant of approval under sub-section (6), review under sub-section
(7), furnish information regarding payment of other taxes by the
said undertaking, and take such other measures connected
therewith or incidental to the operation of this section as it may
deem fit.]
Exemption of 47. (1) The tax shall not be payable by a co-operative society
income of co- including a co-operative society carrying on the business of
operative 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:-

Income-tax Ordinance, 1984 Page 79

 (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,-

(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 256[ 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 257[ 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

Income-tax Ordinance, 1984 Page 80

 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 respect of any
source and income is to be made later in any assessment year, and without
advance prejudice to the charge and recovery of tax under this Ordinance
payment of tax after such assessment, the tax on income shall be payable by
deduction or collection at source, or by way of advance 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 deducted or
to deduction at collected at source in respect of the following income, namely:-
source
(a) income classifiable under the head “Salaries”;
258
[ (aa) income from discount on the real value of Bangladesh
Bank bills;]

(b) income classifiable under the head “Interest on securities”;

259
[ * * *]

(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

Income-tax Ordinance, 1984 Page 81

 crossword puzzles, as referred to in section 19(13); 260[ * * *]

(g) any income chargeable under this Ordinance which is paid or

payable to a non-resident 261[ ;

(h) Income classifiable under the head “Income from house

property”;

(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;

262
[ * * *] 263[ * * *]

(m) income derived on account of shipping agency commission

264
[ ; 265[ * * *]
266
[ (n) income derived from commission, discount or fees
payable to distributors for distribution or marketing of
manufactured goods] 267[ ;

(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”;]

268
[ (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;
269
[ * * *]
270
[ * * *]

(w) income derived on account of running of brick field;

Income-tax Ordinance, 1984 Page 82

 (x) income derived on account of services rendered by the
doctors;
271
[ * * *]

(z) income derived on account of commission of letter of credit;]

272
[ (za) income derived on account of survey by a surveyor of
general insurance company;
273
[ * * *]

(zc) income derived on account of commission, remuneration or

charges as a foreign buyer’s agent 274[ ;

(zd) income from dividends 275[ ;

(ze) income derived on account of rendering certain services 276[ ;

277
[ (zf) income derived on account of shipping business carried
on both inside and outside Bangladesh by a resident assessee.]

(zg) income derived on account of business of real estate and land

developer;

(zh) income derived by an exporter on account of export of 278[

any commodity];

(zi) income derived by a member of a stock exchange on account

of transaction of shares, debentures, mutual funds, bonds or
securities 279[ ;

(zj) income derived on account of courier business of a non-

resident;
280
[ ***]
281
[ ***]
282
[ (zm) on account of 283[ ***] renewal of trade licence;
284
[ ***]

(zo) income derived on account of freight forward agency

commission 285[ ;

Income-tax Ordinance, 1984 Page 83

 (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 vacant land or

plant or machinery;

(zs) income derived on account of advertisement 286[ ;

(zt) income derived by foreign technician serving in a diamond

cutting industry 287[ ;
(zu) on account of issue of share at a premium;
(zv) income derived from transfer of securities or mutual fund
units by sponsor shareholders of a company etc.]]

(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 which
source from constitutes income of the payee classifiable under the head
salaries “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

Income-tax Ordinance, 1984 Page 84

 that head.

(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.
288
Deduction at [ 50A. Any person responsible for paying any amount on
source from account of discount on the real value of Bangladesh Bank bills
discount on the shall, at the time of making such payment, deduct tax at the
real value of maximum rate on the amount so payable or the rate applicable to
Bangladesh such amount, whichever is greater 289[ :
Bank bills
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. 290[ (1) In the case of the security of the Government, or
source from security approved by the Government, unless the Government
interest on otherwise directs, the person responsible for issuing any security,
securities 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 291[ :

Provided that the provision of sub-section (1) of this section shall

not apply to the Treasury bond or Treasury bill issued by the
Government.]

(2) [Omitted by section 18 of a i, 2005 (2005  16 

i)

(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.
292
[ 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 or in
payment to part, or by way of advance, on account of indenting commission
293
contractors, etc [ * * *] or shipping agency commission] or supply of goods or

Income-tax Ordinance, 1984 Page 85

 294
[ execution of contract or sub-contract], 295[ * * *] 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.
296 297
Deduction at [ [ 52A. (1) The principal officer of any company registered
source from fees under the Companies Act, 1913 (VII of 1913) or
m i,
for professional 1994 (1994  18  i) or the Chief executive of any
or technical
non- Government organisation registered with the NGO Affairs
services Bureau or the chief executive of any trust 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 298[ 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

Income-tax Ordinance, 1984 Page 86

 of a cheque or draft or by any other mode, whichever is earlier, as
advance payment of tax at the rate of 299[ 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.

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.]
300
Deduction from [ 52AA. The Government or any other authority, corporation or
the payment of body, including its units, the activities of which are authorised by
certain services 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 301[ * * *] stevedoring agency or
making any payment to a private security service agency, shall
deduct income tax at the rate of 302[ ten percent] on the amount so
payable at the time of such payment.]
303
Collection of tax [ 52AAA. The Commissioner of Customs shall make collection
from clearing on account of commission receivable by clearing and forwarding
and forwarding agents licensed under Customs Act, 1969 at the rate of 304[ ten
agents percent] on such commission at the time of clearance of goods
imported or exported.]
Collection of tax 52B. Any person responsible for selling banderols to any
from Cigarette manufacturer of cigarettes shall, at the time of selling banderols,
manufacturers collect tax from such manufacturer on account of the manufacture
of cigarettes at the rate of 305[ six percent] of the value of the
banderols.

Income-tax Ordinance, 1984 Page 87

 Explanation.- For the purposes of this section, “manufacture of
cigarettes” means manufacture of cigarettes manually without any
mechanical aid whatsoever.
306
Deduction at [ 52C.- Any person, responsible for paying any amount of
source from compensation against acquisition by the Government of any
compensation immovable property shall, at the time of paying such
against compensation deduct advance tax at the rate of,-
acquisition of
property (a) two per cent of the amount of such compensation where the
immovable property is situated in any city corporation,
paurashava or cantonment board;

(b) one per cent of the amount of such compensation where the
immovable property is situated outside any city corporation,
paurashava or cantonment board.]
307
Deduction at [ 52D. Any person responsible for making any payment by way
source from of interest on any savings instruments shall, at the time of such
interest on payment, deduct income tax at the rate of 308[ ten percent] on such
savings interest: 309[ * * *]
instruments
310
[ * * *]

Provided 311[ ***] 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 312[ provident fund or a workers' profit participation
fund] 313[ :

Provided further that no tax shall be deducted under this section

from interest on 'Pensioner Sanchayapatra' and 'Paribar
Sanchayapatra'.]
314
[ Omitted] 52E. 315[ Collection of tax on account of bonus- Omitted by
section 53 of a i, 2001 (2001  30  i).]
316
Collection of tax [ 52F. Any person responsible for issuing any permission or
from brick renewal of permission for the manufacture of bricks shall, at the
manufacturers 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:
317
[ (a) taka thirty thousand for one section brick field;
(b) taka forty five thousand for two section brick field;
(c) taka sixty thousand for three section brick field.]

Income-tax Ordinance, 1984 Page 88

 Explanation:- For the purpose of this section, the word “section”
shall have the same meaning as defined in
!% &! i'(' !"
 #я  )!, 2004.]
318
[ Omitted] 52G. [Deduction from fees for services rendered by doctors.-
Omitted by section 25 of a i, 2004 (2004  16 
i)
319
[ Omitted] 52H. [Collection of tax from persons engaged in the real estate
business.- Omitted by section 64 of a i, 2000 (2000 
15  i)
Deduction from 52I. Any person responsible for opening letter of credit for the
the commission purpose of import of goods for himself or for any other person
of letter of credit 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.]
320
[ Omitted] 52J. Collection of tax from travel agent- [Omitted by section 54 of
a i, 2001 (2001  30  i).]
321
Collection of tax [ 52K. City Corporation or Pourashava at the time of renewal of
by City trade licence shall collect tax at the rate of taka five hundred for
Corporation or each trade licence.]
Pourashava at
the time of
renewal of trade
licence
322 323
[ Omitted] [ * * *]
324
Collection of tax [ 52M. Any person responsible for making any payment by way
from freight of freight forward agency commission, at the time of making such
forward agency payment, shall deduct tax at the rate of 325[ fifteen percent] of the
commission said amount.]
326
Collection of tax [ 52N. Notwithstanding anything contained in this Ordinance,
on account of Bangladesh Power Development Board, at the time of payment to
rental power 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.]
327
Collection of tax [ 52O. The person responsible for making any payment which
from a foreign constitutes income chargeable under the head “Salaries” received
technician by or due to any person who is neither a citizen of Bangladesh nor
serving in a was resident in Bangladesh in any of the four years immediately

Income-tax Ordinance, 1984 Page 89

 diamond cutting preceding the year in which he arrived in Bangladesh, as
industry remuneration for services rendered by him for a period not
exceeding three years from the date of his arrival in Bangladesh,
during such period, as a technician employed in diamond cutting
industries under a contract of service, shall deduct tax at the rate
of five percent of such salaries at the time of making payment or
giving credit which ever is earlier:

Provided that the provisions of this clausr shall not be applicable

to foreign technicians appointed after June 30 2010.]
Collection of tax 53. 328[ (1) 329[ The Commissioner of Customs] shall make
from importers collection of tax payable by the importers on account of import of
and exporters 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.

(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.
330
Deduction at [ 53A. 331[ (1) Where the Government or any authority,
source from corporation or body, including its units, the activities or the
income from principal activities of which are authorised by any Act, Ordinance,
house property Order or instrument having the force of law in Bangladesh or 332[
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 333[
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.]
334
[ 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

Income-tax Ordinance, 1984 Page 90

 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 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.
Collection of tax 53AA. Commissioner of Customs or any other authority, duly
from shipping authorised in this behalf, shall not grant port clearance to a ship
business of a owned or chartered by a resident assessee unless tax at the rate of
335
resident [ 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. 336[ :

Provided that tax shall be collected at the rate of three per cent of
total freight received or receivable from services rendered
between two or more foreign countries.]
Deduction of tax 53B. The Director General, Bureau of Manpower, Employment
from income and Training shall, before giving clearance for export of any
derived on manpower, collect from the exporter concerned as advance tax on
account of income on account of such export 337[ at such percentage] of the
export of service charge or fees mentioned in clause (n) and clause (r),
manpower respectively, of section 19(2) of the Emigration Ordinance, 1982
(XXIX of 1982), as may be prescribed.
338
Collection of tax [ 53BB. The bank through which export proceeds of an
from export of exporter of knit wear and woven garments, terry towel, carton and
certain items accessories of garments industry jute goods, frozen food,
vegetables, leather goods, packed food is received, shall deduct
tax at the rate of 339[ zero point five zero percent (0.50%)] of the
total export proceeds at the time of crediting the proceeds to the

Income-tax Ordinance, 1984 Page 91

 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 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.]
340
Collection of tax [ 53BBB. The Chief Executive Officer of a stock exchange
from Member of shall collect tax at the rate of 341[ zero point zero five percent
Stock (0.05%)] on the value of shares, debentures, mutual funds, bonds
Exchanges or securities transacted by a member of a stock exchange at the
time of payment for such transaction.]
342
Collection of tax [ 53BBBB. Collection of tax from export of any goods except
from export of certain items.-The bank, through which export proceeds of an
any goods exporter of any goods except knit wear, woven garments, terry
except knit-wear towel, carton and accessories of Garments industry jute goods,
land woven frozen food, vegetables, leather goods and packed food is
garments received, shall deduct tax at the rate of 343[ zero point five zero per
cent (0.50%)] of the total export proceeds at the time of crediting
the proceeds to the account of the exporter, which shall be
deemed to be an advance payment of tax by the exporter and shall
be given credit for 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.]
Collection of tax 53C. Any person making sale, by 344[ public auction through
on sale price of sealed tender or otherwise], of any goods or property belonging to
goods or the Government or any authority, corporation or body, including
property sold by its units, the activities or the principal activities of which are
public auction 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 345[ the Companies Act, 1913 (VII
of 1913) or
m i, 1994 (1994  18 i)] 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

Income-tax Ordinance, 1984 Page 92

 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.
346
Deduction or [ 53CC. Any person being a company registered under the
collection of tax Companies Act, 1913 (VII of 1913) or
m i, 1994
at source from (1994  18 i) working as local agent of a non-resident
courier business courier company shall deduct or collect tax in advance at the rate
of a non-resident
of 347[ fifteen percent] on the amount of service charge accrued
from the shipment of goods, documents, parcels or any other
things outside Bangladesh.]
Deduction from 53D. Where any payment is to be made, in full or in part or by
payment to way of advance, by a person producing a film, on account of
actors and acting in any film by a film actor or actress and such payment
actresses 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.]
348 349
[ Omitted] [ * * *]
351
Deduction or [ 53E. Any person, being a corporation, body or authority
collection at established by or under any law including any company or
source from 350[ enterprise owned, controlled or managed by it, or a company
commission, registered under the Companies Act, 1913 (VII of 1913) or
discount or fees]
m i, 1994 (1994  18  i) which makes any
payment to any distributor or to any other persons by way of
commission or fees 352[ 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, 353[ or at the time of
allowing discount] as advance tax an amount at the rate of 354[ 355[
seven and half percent] of commission or fees payable or discount
allowed.]
356
Deduction of tax [ 53EE. Where, in accordance with the terms of the letter of
from credit or under any other instruction, a bank, through which an
commission or exporter receives payment for export of goods, pays any amount
remuneration out of the export proceeds to the credit of any person being an
paid to agent of agent or a representative of the foreign buyer, as commission,
foreign buyer charges or remuneration by whatever name it may be called, the

Income-tax Ordinance, 1984 Page 93

 bank shall deduct or collect tax in advance at the rate of 357[ seven
and a half percent] on the commission, charges or remuneration so
paid at the time of such payment.
358
Deduction at [ 53F. Any person responsible for paying to a resident any sum
source from by way of interest on any saving deposit or fixed deposit or any
interest on term deposit maintained with any scheduled bank including a co-
saving deposits operative bank or by way of share of profit on term deposits
and fixed maintained with any bank 359[ run on Islamic principles or non-
deposits, etc banking financial institution or any leasing company or 360[
housing finance company]], 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. 361[ :

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.]
362
Collection of tax [ 53FF. Any person responsible for registering any document
from persons for transfer of any land or building or apartment, under the
engaged in real provision of Registration Act 1908 (XVI of 1908), shall not
estate or land register the document unless tax is paid at the following rate by
development the transferrer who is engaged in real estate or land development
business business,-
363
[ (a) in case of building or apartment situated-

(i) at Gulshan Model Town, Banani, Baridhara, Defense Officers

Housing Society (DOHS), Dhanmondi Residential Area, Lalmatia
Housing Society, Uttara Model Town, Bashundhara Residential
Area, Dhaka Cantonment Area, Motijeel Commercial Area,
Dilkusha Commercial Area, Karwan Bazar Commercial Area of
Dhaka, and Khulshi Residential Area, Panchlaish Residential
Area and Agrabad of Chittagong, taka two thousand per square
meter;

(ii) in areas other than areas mentioned in sub-clause (i), taka

eight hundred per square meter; ]
364
[ (b) (i) in case of land situated in any City Corporation,
Paurashava or Cantonment Board to which the document relates

Income-tax Ordinance, 1984 Page 94

 and on which stamp duty is chargeable under the Stamp Act, 1899
(Act No. II of 1899) at the rate of five percent upto August 31,
2009 and two percent from September 1, 2009 on the deed value
of the property:

(ii) in case of non-agricultural land 365[ ***] situated out side the
jurisdiction of any City Corporation, Paurashava or Cantonment
Board to which the document relates, 366[ and on which stamp
duty is chargeable under the Stamp Act, 1899 (Act No. II of
1899)] at the rate of five percent upto August 31, 2009 and one
percent from September 1, 2009 on the deed value of the
property.]
Deduction at 53G. Any person responsible for paying to a resident any sum by
source from way of remuneration or reward, whether by way of commission or
insurance otherwise, for soliciting or procuring insurance business including
commission 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 367[ five percent] 368[
.

***] 369[
Deduction at 53GG. A person responsible for paying to a resident any sum by
source from way of remuneration or fees for conducting any survey regarding
fees, etc of settlement of claim of an insurance shall, at the time of payment,
Surveyors of deduct income-tax on such sum at the rate 370[ fifteen percent]
general
insurance
company
371 372
[ Omitted] [ ***]
373
Collection of tax [ 53H. 374[ (1) Any person responsible for registering any
on transfer, etc document of a person under the provisions of clauses (b), (c) or
of property (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:

Income-tax Ordinance, 1984 Page 95

 375
[ (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;
376
[ (c) mortgage of any property to any bank and/or any financial
institution;]

(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;
377
[***]
378
[ * * *]]
379
[ Explanation.-In this sub-section, “financial institution” shall
mean the Bangladesh House Building Finance Corporation, the
380
[ Bangladesh Development Bank.]]]
381
Deduction at [ 53I.Any person responsible for paying any amount on account
source from of interest of Post Office Savings Bank Account shall deduct, at
interest on the time of credit to the account of the payee or at the time of
deposit of Post payment thereof, whichever is earlier, tax on such amount at the
Office Savings rate of ten percent:
Bank Account
382
[***]

Provided 383[ ***] 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.]
384
Deduction at [ 53J. The Government or any authority, corporation or body,
source from including its units, the activities or the principal activities of
rental value of which are authorised by any Act, Ordinance, Order or Instrument
vacant land or having the force of law in Bangladesh or any company as defined
plant or in clause (20) of section (2) or any banking company or any
machinery 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 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

Income-tax Ordinance, 1984 Page 96

 Board.]
385
Deduction of tax [ 53K.The Government or any authority, corporation or body,
from advertising including its units, the activities or the principal activities of
bill of which are authorised by any Act, Ordinance, Order or any other
newspaper or Instrument having the force of law in Bangladesh or any company
magazine or as defined in clause (20) of section (2) or any banking company or
private any insurance company or any co-operative bank established by
television or under any law for the time being in force or any non-
channel 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.]
386
Collection of tax [ 53L. Where a company raises its share capital through book
from sale of building or public offering or rights offering or placement or
share at a preference share or in any other way at a value in excess of face
premium over value, the Securities and Exchange Commission shall collect tax
face value- at the rate of three per cent on the difference between the value at
which the share is sold and its face value from the concerned
company at the time determined by the Securities and Exchange
Commission.
Collection of tax 53M.The Securities and Exchange Commission or Stock
from transfer of Exchange, as the case may be, at the time of transfer or
securities or declaration of transfer or according consent to transfer of
mutual fund securities or mutual fund units of a sponsor shareholder or
units by sponsor director or placement holder of a company or sponsor or
shareholders of a placement holder of a mutual fund listed with a Stock Exchange
company etc shall collect tax at the rate of five per cent on the difference
between transfer value and cost of acquisition of the securities or
mutual fund units.

Explanation.- For the purpose of this section-

(1) ‘transfer’ includes transfer under a gift, bequest, will or an

irrevocable trust;

(2) ‘transfer value’ of a security or a mutual fund unit shall be

deemed to be the closing price of securities or mutual fund units
prevailing on the day of consent accorded by the Securities and
Exchange Commission or the Stock Exchange, as the case may
be, or where such securities or mutual fund units were not traded
on the day such consent was accorded, the closing price of the day
when such securities or mutual fund units were last traded.]

Income-tax Ordinance, 1984 Page 97

 387
Deduction of tax [ 54. (1) The principal officer of a company registered in
from dividends 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-
388
[ 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;
389
[ 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.
390
[ (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-
section (1), as the case may be.]
391
[ * * *]
Deduction from 55. The person responsible for paying any amount on account of
income from winnings referred to in section 19(13) shall, at the time of making
lottery, etc such payment, deduct tax 392[ 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 person
income of non- responsible for making payment to a non-resident of any amount
residents 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,

Income-tax Ordinance, 1984 Page 98

 deduct tax on the amount so payable- (a) where the payee is a
company, at the rate applicable to a company,
393
[ (b) where the payee is a person other than a company and not
being a non-resident Bangladeshi, at the maximum rate]
394
[ (c) where the payee is a non-resident Bangladeshi, at the rate
applicable for a resident.]

(2) Where 395[ the National Board of Revenue], on an application

made in this behalf, gives a certificate that, to the best of 396[ 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
deduction at the lesser rate specified in the certificate.
Consequences of 57. 397[ (1)] Where a person required by or under the provisions of
failure to deduct, this Chapter to deduct, collect or pay to the credit of the
etc 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.
398
[ (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 by the

Income-tax Ordinance, 1984 Page 99

 deduction, etc, provisions of this Chapter shall, at the time of making any
of tax 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 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 provisions of
Government of this Chapter shall be paid within the prescribed time by the person
tax deducted 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 charge,
deduction withhold, deduct or collect any sum, directly or indirectly, as tax
prohibited 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 under this
tax without Chapter shall be without prejudice to any other mode of recovery.
prejudice to
other mode of
recovery
Credit of tax 62. Any deduction or collection of tax made and paid to the
deducted or account of the Government in accordance with the provisions of
collected at this Chapter shall be treated as a payment of tax on behalf of the
source 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

Income-tax Ordinance, 1984 Page 100

 credit shall be given in the assessment for the following year.
399
[ * * *]
400
Procedure of [ 62A.Tax payable in respect of income under this Ordinance
deduction or and deductable under Chapter VII shall be paid, deducted or
collection of tax collected at source in the manner and as per specifications laid
at source down in the Eights Schedule of this Ordinance :

Provided that in case of discrepancy, if any, provisions of Chapter

VII of this Ordinance shall prevail.]
Payment of tax 63. The tax under this Ordinance shall be payable by the assessee
where no 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;

(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 payable
payment of tax 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 401[
four lakh taka].

(2) Nothing in sub-section (1) shall apply to any income

classifiable under the heads “Agricultural income” and “Capital
gains” 402[ excluding gain from transfer of share of a company
listed with a stock exchange].
Computation of 65. (1) The amount of advance tax payable by an assessee in a
advance tax 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.

Income-tax Ordinance, 1984 Page 101

 (2) The tax payable under sub-section (1) shall be calculated at the
rates in force in respect of the financial year referred to therein.
Instalments of 66. Advance tax shall be payable in four equal instalments on the
advance tax fifteenth day of September, December, March and June of the
financial year for which the tax is payable 403[ :

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 instalments payable in such financial year.
Advance 68. Any person who has not previously been assessed by way of
payment of tax regular assessment under this Ordinance or the Income-tax Act,
by new 1922 (XI of 1922), shall before the fifteenth day of June in each
assessees 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 404[ four 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 tax fails, to
instalments of pay any instalment of such tax, as originally computed or as the
advance tax case may be, estimated, on the due date, he shall be deemed to be

Income-tax Ordinance, 1984 Page 102

 an assessee in default in respect of such instalment.
Levy of interest 70. Where, in respect of an assessee who is required to pay
for failure to pay advance tax, it is found in the course of regular assessment that
advance tax 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.
Credit of 71. Any sum, other than a penalty or interest, paid by or recovered
advance tax 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 405[ ten per
by Government cent] per annum on the amount by which the aggregate sum of
on excess advance tax paid during a financial year exceeds the amount of
payment of tax payable by him as determined on regular assessment.
advance tax
(2) The period for which interest under sub-section (1) shall be
payable shall be the period from the 406[ 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 407[
first day of July], whichever is shorter.
Interest payable 73. (1) Where, in any financial year, an assessee has paid advance
by the assessee tax on the basis of his own estimate and the advance tax so paid
on deficiency in together with the tax deducted at source, if any, under this Chapter
payment of is less than seventy-five per cent of the amount of tax payable by
advance tax him as determined on regular assessment, the assessee shall pay,
in addition to the balance of tax payable by him, simple interest at
408
[ ten per cent] per annum on the amount by which the tax so
paid and deducted falls short of the 409[ seventy-five per cent of
the assessed tax.]

(2) The period for which interest under sub-section (1) shall be
payable shall be the period from the 410[ first day of April] 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 411[ first day of April], whichever is shorter.

(3) Notwithstanding anything contained in sub-sections (1) and

(2), where-

Income-tax Ordinance, 1984 Page 103

 (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 412[
on the basis of section 75, 77, 78, 89(2), 91(3) or 93(1)] shall, on or before the
return date on which he files the return, 413[ pay the amount of tax
payable by him on the basis of such return 414[ ***]] 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 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 file or
income 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 415[
three years] immediately preceding that income year 416[ :

Income-tax Ordinance, 1984 Page 104

 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.] 417[ (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;

(ii) owns a motor car;

(iii) subscribes a telephone;

[ (iv) owns a membership of a club registered under !"

418

 #я  i, 1991 (1991  22  i);]

(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 419[ ;

(g) has a tax payer's identification number in accordance with the

provision of section 184A.]

Income-tax Ordinance, 1984 Page 105

 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.]
420
[ (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 421[ (1), (1A) and (1B)] shall be-

(a) furnished in the prescribed form setting forth therein such

particulars and information as may be required 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

Income-tax Ordinance, 1984 Page 106

 before the expiry of six months from the end of the income year,
before the expiry of such six months; and
422
[ (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]
423
[ (d) accompanied by-
424
[ (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 425[ * * *], 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:
426
[ 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 427[ .

***]
Certificate in 76. Where the entire total income of an assessee during the
place of return 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.

Income-tax Ordinance, 1984 Page 107

 Notice of filing 77. 428[ (1) The Deputy Commissioner of Taxes may, at any time
return 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 429[ 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 section
return 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 writing,
accounts and require an assessee who has filed a return under section 75, or to
documents whom a notice has been issued under section 77, to produce or
cause to be produced 430[ 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.
431
[ Statements 80. (1) The Deputy Commissioner of Taxes may, by notice in
of assets, writing, require an assessee to file by the date specified in the
liabilities and notice 432[ statements] giving particulars in respect of the
life style] 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

Income-tax Ordinance, 1984 Page 108

 (c) any assets transferred by the assessee to any person during the
period or periods so specified, and the consideration therefore 433[
;

(d) particulars of life style of the assessee.]

(2) The 434[ 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 time after
assessment the first day of July of the year for which the assessment is to be
made, proceed to make, in a 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

Income-tax Ordinance, 1984 Page 109

 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.
435
Assessment on [ 82.Where a return or a revised return has been filed under
correct return 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.] 436[
437
Assessment [ 82A. Where an assessee, other than a public company as
under simplified defined in the Companies Act, 1913 (VII of 1913) or
m
procedure i, 1994 (1994  18  i), 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 438[ on the basis of
such assessment, and communicate the assessment order to the
assessee within thirty days next following], provided-

Income-tax Ordinance, 1984 Page 110

 (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
439
[ (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 440[ 441
[ ***] 442[
Omitted]
443
Universal Self [ 82BB. (1) Where an assessee furnishes a correct and complete
Assessment return of income 444[ ***] 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.]
445
Tax on income [ 82C. (1) Notwithstanding anything contained in this
of certain Ordinance or any other law for the time being in force, where any
persons 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

Income-tax Ordinance, 1984 Page 111

 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;
446
[ (ba) the amount of compensation against acquisition of
property under section 52C;

(bb) the premium received from raising of share at a premium

over face value under section 53L;

(bc) income derived from transfer of securities or mutual fund

units by sponsor shareholders of a company etc. under section
53M;]
447
[ * * *]

(d) the amount of the value of the property as mentioned in

section 53H for the purpose of collection of tax under that section;
448
[ * * *]
449
[ * * *]
450 451
[ [ * * *]

(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;
452
[ (la) the amount representing the payment on account of
royalty, technical know-how fee for which tax is deductible under

Income-tax Ordinance, 1984 Page 112

 section 52A(2);]
453
[ (lb) commission from clearing and forwarding agency
business for which tax is deductible under section 52AAA 454[ ;

(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 member of

a stock exchange for which tax is collectible under section 53BBB
455
[;

(lf) the amount received on account of courier business of a non-

resident under section 53CC;
456
[ * * *]:]]
457
[ * * *]
458
[ (n) the amount received on account of export of certain items
on which tax is deductible under section 53BB;

(o) the amount of salaries of a foreign technician serving in a

diamond cutting industry, for which tax is deductible under
section 52O.]
459
[ 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
460
[ * * *]]]

(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

Income-tax Ordinance, 1984 Page 113

 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, 461[ the amount of compensation
against acquisition of property under section 52C, the premium
received from raising of share at a premium over face value under
section 53L, income derived from transfer of securities or mutual
fund units by sponsor shareholders of a company etc. under
section 53M,] import of goods under section 53, value of property
for the purpose of collection of tax under section 53H 462[ , 463[ * *
*] 464[ , 465[ * * *] 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 466[ payment on account of royalty or
technical know-how fee under section 52A(2), commission from
467
[ 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] 468[ , courier business of non-resident under section
53CC, 469[ export of certain items under section 53BB and salaries
of a foreign technician serving in a diamond cutting industry
under section 52O.]] 470[ * * *]] 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.]
471
Spot assessment [ 82D. Notwithstanding anything contained in this Ordinance,
where an assessee, not being a company, who has not previously

Income-tax Ordinance, 1984 Page 114

 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.]
472
Assessment after [ 83. (1) Where a return or revised return has been filed under
hearing 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 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 473[ 474
[ ***] 475[
Omitted]
83AA 476[ 477
[ ***] 478[
Omitted]
479
Assessment on [ 83AAA. (1) Where a return or revised return is filed under
the basis of Chapter VIII by an assessee being a company and the Board has
report of a reasonable cause to believe that the return or revised return is
chartered incorrect or incomplete, the Board may appoint a registered
accountant 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

Income-tax Ordinance, 1984 Page 115

 Board shall forthwith forward the report to the concerned Deputy
Commissioner of Taxes for 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.]
480
Best judgment [ 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 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.]
481
[ 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 Ordinance,

Income-tax Ordinance, 1984 Page 116

 provisions where the assessee is a firm and the total income of the firm has
regarding been assessed under sections 82, 83, or 84, as the case may be,-
assessment of
482
firms [ * * *]

(b) in the case of 483[ 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 484[ income] between the

several partners.
Assessment in 86. (1) Where, at the time of assessment of a firm, it is found that
case of change a charge has occurred in the constitution of the firm, the
in the assessment shall be made on the firm as constituted at the time of
constitution of a 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 that a

Income-tax Ordinance, 1984 Page 117

 case of new firm has been constituted to succeed the firm to which the
constitution of assessment relates and it cannot be covered by section 86 separate
new successor assessments shall be made on the predecessor firm and the
firm 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 profession
case of (in this section, referred to as predecessor), has been succeeded
succession to therein otherwise than on death by another person (in this section,
business referred to as the successor) continues to carry on that business or
otherwise than profession,-
on death
(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, where
case of any business or profession is discontinued in any financial year,
discontinued and assessment may be made in that year, notwithstanding
business 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

Income-tax Ordinance, 1984 Page 118

 respect of the period 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 undivided
case of partition family shall be deemed, for the purposes of this Ordinance, to
of a Hindu continue to be a Hindu undivided family except where, and in so
undivided far as, a finding of partition has been given under this section in
family respect of 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

Income-tax Ordinance, 1984 Page 119

 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 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 Taxes
case of persons that any person may leave Bangladesh during the current financial
leaving year or shortly after its expiry and that he has no intention of
Bangladesh 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-

Income-tax Ordinance, 1984 Page 120

 (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, 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.

Income-tax Ordinance, 1984 Page 121

 Assessment in 92. (1) Where a person dies, his legal representative shall be liable
the case of to pay any tax or other sum payable under this Ordinance which
income of a the deceased would have been liable to pay if he had not died, in
deceased person the like manner and to the 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 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 for any
case of income assessment years has escaped assessment or has been under
escaping assessed or has been assessed at too low a rate or has been the
assessment, etc 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 :

Income-tax Ordinance, 1984 Page 122

 Provided that the tax shall be charged at the rate or rates
applicable to the assessment year for which the assessment is
made.

(2) No proceedings under sub-section (1) shall be initiated unless

definite information has come into the possession of the Deputy
Commissioner of Taxes 485[ 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 486[ 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 487[ sections 120,
121A, 156 or 159], the period of 488[ 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,

Income-tax Ordinance, 1984 Page 123

 and nothing contained in this Ordinance shall render necessary the
re-issue of any 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. 489[ (1) Subject to the provisions of sub-sections (2) and (3),
assessment 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.]
490
[ (1A) Notwithstanding anything contained in sub-section (1),
no order of assessment under 491[ 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 492[ .] 493[ ***

* * *]

(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 494[
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 495[ 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, 496[ * * *] 156, 159, 161 or 162 or, in the
case of a firm, an assessment to be made on a partner of a firm in
consequence of an assessment made on the firm, 497[ shall be
made 498[ within thirty days] from the date on which the order was
communicated] 499[ and communicate such revised order to the
assessee within thirty days next following] 500[ :

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

Income-tax Ordinance, 1984 Page 124

 communicated to him.]

Explanation I.-Where by an order under 501[ sections 120, 121A,

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 502[ sections 120, 121A,

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.]
503
[ Omitted] 94A. [Omitted by section 31 of the Finance Act, 2003 (Act No.
XVII of 2003).]
CHAPTER X

LIABILITY IN SPECIAL CASES

Liability of 95. (1) Every person who is a representative of another person in
representative in respect of any income for the purpose of this section shall, in
certain cases 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.

Income-tax Ordinance, 1984 Page 125

 (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

(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 persons
treated as agent 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-tax Ordinance, 1984 Page 126

 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 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 under
representative to section 95, pays any sum, shall be entitled to recover the sum so
recover tax paid paid from the person on whose 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.

Income-tax Ordinance, 1984 Page 127

 Liability of firm 98. (1) Where any tax payable by a partner of a firm or a member
or association of an association of persons in respect of his share of the income
for from the firm or association, as the case may be, cannot be
unrecoverable recovered from him, the Deputy Commissioner of Taxes shall
tax due from notify the amount of the tax to the firm or association.
partners or
members (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 firm or
partners, etc, for an association of persons has been discontinued, or where a firm
discontinued or an association of persons is dissolved, assessment of the total
business of a income of the firm or association may be made as if no such
firm, etc 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 any tax
directors for assessed on the company, whether before, or in the course of, or
unrecoverable after its liquidation, in respect of any income of any income year
tax of private cannot be recovered, every person who was, at any time during
companies the relevant income year, a director of that company, shall,
notwithstanding anything contained in 504[ the Companies Act,
1913 (VII of 1913) or
m i, 1994 (1994  18 
i)], 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

Income-tax Ordinance, 1984 Page 128

 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 wound up,
liquidator for tax whether under the orders of a court or otherwise, shall, within
of private thirty days after he has become such liquidator, give notice of his
companies under appointment as such to the Deputy Commissioner of Taxes having
liquidation jurisdiction to 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.

(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.
505
Liability to tax [ 102. (1) Notwithstanding anything contained in this
in case of Ordinance, where a non-resident carries on the business of

Income-tax Ordinance, 1984 Page 129

 shipping operation of ships as the owner or charterer thereof (hereinafter in
business of non- this section referred to as the principal) tax shall be levied and
residents 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.

(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 506[
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.

Income-tax Ordinance, 1984 Page 130

 (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.]
507
[ Omitted] 103. [Adjustment of liability to tax in case of shipping.- Omitted
by section 12 of a i, 1989 (1989  36  i)
508
Liability to tax [ 103A. (1) Notwithstanding anything contained in this
in case of air Ordinance, where a non-resident person carries on the business of
transport operation of aircraft, as the owner or charterer thereof (hereinafter
business of non- in this section referred to as the principal), and any aircraft owned
residents 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

Income-tax Ordinance, 1984 Page 131

 (1).

(4) Where the principal fails to pay the tax payable 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 and a
tax through non-resident and it appears to the Deputy Commissioner of Taxes
transactions with that, owing to the close connection between them, the course of
non-residents 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-resident by
tax through virtue, or in consequence, of any transfer of assets, whether alone
transfer of assets 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

Income-tax Ordinance, 1984 Page 132

 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-

(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-tax Ordinance, 1984 Page 133

 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

(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 transfers those
tax by securities and buys them back or reacquires them, or buys or

Income-tax Ordinance, 1984 Page 134

 transactions in acquires similar securities, and the result of the transactions is that
securities 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.

(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;

Income-tax Ordinance, 1984 Page 135

 (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 make in this
certificate behalf, a person who is not domiciled in Bangladesh, or a person
required for who being domiciled in Bangladesh at the time of his departure is
persons leaving not, in the opinion of an income tax authority likely to return to
Bangladesh 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;

Income-tax Ordinance, 1984 Page 136

 (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 (XI of 1922), 509[ the Gift-
tax Act, 1963 (XIV of 1963) or *  i, 1990 (1990 
44  i)], 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 “Salaries” not
payment of being payment made by the Government, and the prescribed
salary 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 interest
regarding constituting income not classifiable under the head “Interest on
Payment of securities” shall, if such payment exceeds 510[ fifteen thousand
interest taka], before the first day of September each year, furnish to a
prescribed officer a statement prepared in the prescribed form and
verified in the prescribed manner so as to give the following
information, namely:-

Income-tax Ordinance, 1984 Page 137

 (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 the first
regarding day of September each year, furnish to the prescribed officer a
payment of statement prepared in the prescribed form and verified in the
dividend 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]
511
[ Omitted] 111. [Registration of firms.- Omitted by section 6 of the Finance
Act, 1995 (Act No. XII of 1995).]
CHAPTER XIV

POWERS OF INCOME TAX AUTHORITIES

Powers under 112. The powers exercisable by income tax authorities under this
this Chapter not Chapter shall not prejudice, unless otherwise provided in the
to prejudice provision thereof, the powers exercisable under the other
other powers provisions of this Ordinance.
Power to call for 113. The Deputy Commissioner of Taxes, the Inspecting Joint
information Commissioner, 512[ 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

Income-tax Ordinance, 1984 Page 138

 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
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, [***].
Power to Inspect 114. The Deputy Commissioner of Taxes, the Joint Commissioner
registers of of Taxes or any person authorised in writing in this behalf by
companies 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

Income-tax Ordinance, 1984 Page 139

 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 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 513[ * * *] 514[ Directors-General of Inspection], 515[
powers of the Commissioner, the Director General, Central Intelligence
enquiry and Cell,] and the Inspecting Joint Commissioner may, without
production of prejudice to other powers which they may have under other
documents 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.

(2) For the purpose of sub-section (1), the 516[ * * *] 517[

Income-tax Ordinance, 1984 Page 140

 Directors- General of Inspection], 518[ 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) 519[ 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 520[ *
* *] Commissioner.
Power of search 117. (1) Where 521[ * * *] the 522[ Directors-General of Inspection]
and seizure or 523[ 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, 524[ or
electronic records and systems,] has failed to, or is not likely to,
produce or cause to be produced such books of accounts or other
documents, 525[ or electronic records and systems,] or

(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

Income-tax Ordinance, 1984 Page 141

 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, 526[
electronic records and systems,] 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, 527[ electronic records and systems,]
documents, money, bullion, jewellery or other valuable article or
thing;

(d) seize any such books of accounts, 528[ electronic records and
systems,] 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.

(4) The authorised officer may, where it is not practicable to seize

any such books of accounts, documents, 529[ electronic records
and systems,] 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 530[ :

Provided that if the owner or the person concerned, without any

reasonable cause, fails to comply with the provisions of this sub-

Income-tax Ordinance, 1984 Page 142

 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, 531[ electronic

records and systems,] 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, 532[ electronic records and

systems,] money, bullion, jewellery, article or thing belongs to
such person;

(b) the contents of 533[ the books of accounts, documents,

electronic records and systems] 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.

(7) The person from whose custody any books of accounts or

other documents 534[ or electronic records and systems] 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 535[ or electronic

records and systems] 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 536[ * * *] the
Commissioner has been obtained for such retention:

Provided that 537[ * * *] the Commissioner shall not approve such

Income-tax Ordinance, 1984 Page 143

 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, 538[ electronic records
and systems,] as are relevant, have been completed.

(9) If any person, legally entitled to the books of accounts or other

documents 539[ or electronic records and systems] 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.
540
Power to verify [ 117A. Notwithstanding anything contained in this Ordinance
deduction or or any other law for the time being in force, the Board or any
collection of tax 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 valuable
seized assets 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.

Income-tax Ordinance, 1984 Page 144

 (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 541[ * * *] the 542[ 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

(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.

Income-tax Ordinance, 1984 Page 145

 (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 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) of section
retained assets 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.

Income-tax Ordinance, 1984 Page 146

 (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.
Power of 120. (1) The Inspecting Joint Commissioner may call for from the
Inspecting Joint Deputy Commissioner of Taxes and examine the record of any
Commissioner proceeding under this Ordinance, and, if he considers that any
to revise orders order passed therein by the Deputy Commissioner of Taxes is
of Deputy erroneous in so far as it is prejudicial to the interests of the
Commissioner revenue, he may, after giving the assessee an opportunity of being
of Taxes 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.
121 543[ 544
[ ***] 545[
Omitted]
546
Revisional [ 121A. (1) The Commissioner may on an application made by
power of the assessee, call for the record of any proceeding under this
Commissioner Ordinance in which an order has been passed by any authority
subordinate to him and may make such enquiry or cause such
enquiry to be made and, subject to the provisions of this
Ordinance, may pass such order thereon, not being an order
prejudicial to the assessee, as he thinks fir.

(2) The application for revision of an order under this Ordinance

passed by any authority subordinate to the Commissioner shall be
made within sixty days of the date on which such order is
communicated to the assessee or within such further period as the
Commissioner may consider fit to allow on being satisfied that the
assessee was prevented by sufficient cause from making the
application within the said sixty days.

(3) The Commissioner shall not exercise his power under sub-
section (1) in respect of any order-

(a) Where an appeal against the order lies to the Appellate Joint
Commissioner or to the Commissioner (Appeals) or to the
Appellate Tribunal and the time within which such appeal may be
made has not expired or the assessee has not waived his right of
appeal; or

Income-tax Ordinance, 1984 Page 147

 (b) where the order is pending on an appeal before the Appellate
Joint Commissioner or it has been made the subject of an appeal
to the Commissioner (Appeals) or to the Appellate Tribunal.

(4) No application under sub-section (1) shall lie unless-

(a) it is accompanied by a fee of two hundred taka; and

(b) the undisputed portion of the tax has been paid.
Explanation.-The “undisputed portion of the tax” means the tax
payable under section 74.

(5) For the purposes of this section, an order by the Commissioner

declining to interfere shall not be construed as an order prejudicial
to the assessee.

(6) Notwithstanding anything contained in this Ordinance, an

application for revision made under sub-section (1) shall be
deemed to have been allowed if the Commissioner fails to make
an order thereon within a period of sixty days from the date of
filing the application.

Explanation.-For the purposes of this section, the Appellate Joint

Commissioner of Taxes shall be deemed to be an authority
subordinate to the Commissioner to whom the Deputy
Commissioner of Taxes, whose order was the subject-matter of
the appeal order under revision, is subordinate.]
Power to take 122. (1) The Deputy Commissioner of Taxes, the Joint
evidence on Commissioner of Taxes, the Commissioner 547[ ,the Director
oath, etc General, Central Intelligence Cell,] 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;

(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

Income-tax Ordinance, 1984 Page 148

 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, failed to
maintaining comply with the provisions of any order or rule made in
accounts in the pursuance of or for the purposes of section 35(2), the Deputy
prescribed Commissioner of Taxes may impose on him a penalty-
manner
(a) of a sum not exceeding one and a half times the amount of tax
payable by him; and

(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.
548
Penalty for [ 124. (1) Where any person has, without reasonable cause,
failure to file failed to file a return of income required by or under sections 75,
return, etc 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 549[
taka one thousand], and in the case of a continuing default a
further penalty of 550[ 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, 109 551[ or] 110 552[ ***] ; or

Income-tax Ordinance, 1984 Page 149

 (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 553[ :

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.]
554
Penalty for using [ 124A.-Where a person has, without reasonable cause, used
fake Tax-payer’s Tax-payer's Identification Number (TIN) of another person or
Identification used fake TIN on a return of income or any other documents
Number where TIN is required under this Ordinance, the Deputy
Commissioner of Taxes may impose a penalty not exceeding taka
twenty thousand on that person.]
Failure to pay 125. Where, in the course of any proceeding in connection with
advance tax, etc the assessment of tax under Chapter IX, 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, failed to
compliance with comply with any notice issued under sections 79, 80 555[ under
notice 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 Ordinance,
tax on the basis the Deputy Commissioner of Taxes is satisfied that any person
of return 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

Income-tax Ordinance, 1984 Page 150

 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.
Penalty for 128. (1) Where, in the course of any proceeding under this
concealment of Ordinance, the Deputy Commissioner of Taxes, the Appellate
income Joint Commissioner 556[ , 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,
557
[ 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 558[
:
559
[ 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 a i, 1999 (1999  16

 i).]

(3) [Omitted by section 7 of a i, 1993 (1993  18 

i).]
560
[ Omitted] 129. [Incorrect distribution of income by registered firm.- Omitted

Income-tax Ordinance, 1984 Page 151

 by section 6 of a i, 1998 (1998  14  i).]
Bar to 130. No order imposing a penalty under this Chapter shall be
imposition of made on any person unless such person has been heard or has
penalty without been given a reasonable opportunity of being heard.
hearing
Previous 131. The Deputy Commissioner of Taxes shall not impose any
approval of penalty under this Chapter without the previous approval of the
Inspecting Joint Inspecting Joint Commissioner except in the cases referred to in
Commissioner section 124 561[ .]
for imposing
penalty
Previous 131A. [Previous approval of the Board for imposing penalty.-
approval of the Omitted by section 4 of a i, 1996 (1996  18 
Board for i).]
imposing
penalty
Orders of 132. The Appellate Joint Commissioner, 562[ or the Commissioner
Appellate Joint (Appeals)] or the Appellate Tribunal making an order imposing
Commissioner, any penalty under this Chapter shall forthwith send a copy of the
etc, to be sent to order to the Deputy Commissioner of Taxes, and thereupon all the
Deputy provisions of this Ordinance relating to the recovery of penalty
Commissioner shall apply as if such order were made by the Deputy
of Taxes Commissioner of Taxes.
Penalty to be 133. The imposition on any person of any penalty under this
without Chapter shall be without prejudice to any other liability which
prejudice to such person may incur, or may have incurred, under this
other liability 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 sum
penalty, interest, imposed, levied or otherwise payable under this Ordinance as
etc 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.

Income-tax Ordinance, 1984 Page 152

 563
[ (1A) Where any amount of tax is refundable in consequence
of any order, 564[ ***] the Deputy 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.]
565
[ (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, 566[ 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 instalment in
respect of which default has actually been committed was due for

Income-tax Ordinance, 1984 Page 153

 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.
567
[ Omitted] 136. [Simple interest on delayed payment.- Omitted by section 5
of a i, 1997 (1997  15  i).]
Penalty for 137. (1) Where an assessee is in default or is deemed to be in
default in default in making payment of tax, the Deputy Commissioner of
payment of tax 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 penalty paid shall be refunded.
Certificate for 138. (1) When an assessee is in default or is deemed to be in
recovery of tax 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

Income-tax Ordinance, 1984 Page 154
 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 under
recovery by Tax section 138, the Tax Recovery Officer shall, notwithstanding
Recovery anything contained in any other law for the time being in force,
Officer 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;

(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.
568
[ (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.

Income-tax Ordinance, 1984 Page 155

 Power of 140. (1) Notwithstanding the issue of a certificate for recovery
withdrawal of under section 138, the Deputy Commissioner of Taxes shall have
certificate and power to withdraw, or correct any clerical or arithmetical error in
stay of the certificate by sending an intimation to that effect to the Tax
proceeding Recovery Officer.

(2) Where the order giving rise to a demand of tax for which a
certificate for recovery has been issued has 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
recovery not Officer, it shall not be open to the assessee to dispute before the
open to dispute 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 to the
through Collector of the District in which the office of the Deputy
Collector of Commissioner of Taxes is situate or the district in which the
District 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, 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

Income-tax Ordinance, 1984 Page 156

 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.
569
Recovery of tax [ 142A. (1) Without prejudice to the provisions of section 142,
through Special the Deputy Commissioner of Taxes may forward to a Magistrate
Magistrates of the First Class, specially empowered in this 570[ * * *] 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.

(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

Income-tax Ordinance, 1984 Page 157

 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 of
recovery tax under section 138 or section 142, the Deputy Commissioner of
Taxes may also recover the tax in the manner provided 571[ in sub-
section (1A) or (2)].
572
[ (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.-

(a) from whom 573[ 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, 574[ 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

Income-tax Ordinance, 1984 Page 158

 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 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 with the
avoid double Government of any other country for the avoidance of double
taxation 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.

Income-tax Ordinance, 1984 Page 159

 (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 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 year
of income proves to the satisfaction of the Deputy Commissioner of Taxes
arising outside that, in respect of any income which has accrued or arisen to him
Bangladesh during that year outside Bangladesh, he has paid tax, by deduction
or otherwise, in any country with which there is no reciprocal

Income-tax Ordinance, 1984 Page 160

 arrangement for relief or avoidance of double taxation, the Deputy
Commissioner of Taxes may, subject 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 of
refund 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, liquidation or
for deceased or other cause, a person, is unable to claim or receive any refund due
disabled persons to him, his legal representative, 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.
Correctness of 148. In any claim for refund under this Chapter, it shall not be
assessment, etc, open to the claimant to question the correctness or validity of any
not to be assessment or other matter which has become final and conclusive
questioned 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 other
basis of orders proceeding under this Ordinance, refund of any amount becomes
in appeal due to an assessee, the Deputy Commissioner of Taxes shall, 575[
refund the amount, unless set off against tax or treated as payment
of tax as per provisions of section 152,] to 576[ the assessee, 577[
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 578[ under sections 146 and 147]

Income-tax Ordinance, 1984 Page 161

 and limitation shall be made in such form and verified in such manner as may be
prescribed.

(2) [Omitted by section 60 of a i, 2002 (2002  14 

i).]
Interest on 151. Where a refund due to an assessee is not paid within two
delayed refund months of the date of the 579[ * * *] 580[ claim for refund or refund
becoming due consequent upon any order passed in appeal or
other proceeding under this Ordinance] interest at the rate of 581[
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 Income-
refund against tax Act, 1922 (XI of 1922), the Gift-tax Act, 1963 (XIV of 1963),
tax 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 582[ 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]

583
[ 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

585
Appeal against 153. (1) Any [ assessee, not being a company, aggrieved] by
order of Deputy any order of a Deputy Commissioner of Taxes in respect of the
Commissioner following may prefer an appeal to the Appellate Joint
of Taxes 584[ and Commissioner against such order, namely,-
Inspecting Joint
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;

(c) imposition of interest under section 73;

(d) refusal to register a firm or cancellation of registration under

section 84 or 111;
586
[ (e) imposition of penalty under sections 587[ 124, 125, 126,

Income-tax Ordinance, 1984 Page 162

 127 588[ , 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.
589
[ (1A) Any assessee, being a company, aggrieved by any order
of a Deputy Commissioner of Taxes or 590[ 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 591[ 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 a
i, 1990 (1990  45  i), 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 a i, 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 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.
592
[ (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 up in such
and limitation form and verified in such manner as may be prescribed and shall

Income-tax Ordinance, 1984 Page 163

 be accompanied by a fee of 593[ two hundred taka].

(2) Subject to sub-section (3), an appeal shall be presented within

594
[ 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 595[ 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 597[ or the
appeal before Commissioner (Appeals)] shall fix a day and place for the hearing
the Appellate of the appeal and give notice thereof to the appellant and the
Joint Deputy Commissioner of Taxes against whose order the appeal
Commissioner has been preferred.
596
[ or the
Commission (2) The appellant and the Deputy Commissioner of Taxes shall
(Appeals)] have the right to be heard at the hearing of the appeal either in
person or by a representative.

(3) The Appellate Joint Commissioner 598[ 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 599[ 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 600[ 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 601[

or the Commissioner (Appeals)] shall not admit any documentary

Income-tax Ordinance, 1984 Page 164

 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 603[ or the Commissioner (Appeals)] may-
Appellate Joint
Commissioner (a) in the case of an order of assessment, confirm, reduce,
602
[ or the 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 enhance or to reduce
the penalty; and

(c) in any other case, pass such order as he thinks fit 604[ :

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 605[ 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 606[ 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 607[ 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 608[ or the Commissioner (Appeals)] shall
communicate the order passed by him to the appellant, the Deputy
Commissioner of Taxes and the Commissioner 609[ within 610[
thirty days] of the passing of such order].

Income-tax Ordinance, 1984 Page 165

 (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 611[ or the Commissioner (Appeals)] fails to
make an order thereon within 612[ one hundred and fifty days from
the end of the month] on which the appeal was filed. 613[
Appeal against 157. Any person aggrieved by an order of the Tax Recovery
order of Tax Officer under section 139 may, within thirty days from the date of
Recovery service of the order, appeal to the Inspecting Joint Commissioner
Officer 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 Tribunal if he is
Appellate aggrieved by an order of-
Tribunal
(a) an Appellate Joint Commissioner 614[ or the Commissioner
(Appeals), as the case may be,] under section 128 or 156;
615
[ * * *]
616
[ (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 617[
five 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 618[ .

***]
619
[ (2A) The Deputy Commissioner of Taxes may, 620[ with the
prior approval of the Commissioner of Taxes], prefer an appeal to
the Appellate Tribunal against the order of an Appellate Joint
Commissioner, or the Commissioner (Appeals) under section
156.]

(3) [Omitted by section 63 of a i, 2002 (2002  14 

i)].
621
[ (4) Every appeal under 622[ sub-section (1) or sub-section
(2A)] 623[ * * *] 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

Income-tax Ordinance, 1984 Page 166

 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 624[ and shall,
except in the case of an appeal under sub-section (2A)] 625[ * * *]
be accompanied by a fee of 626[ one thousand] taka.
Disposal of 159. (1) The Appellate Tribunal may, after giving both the parties
appeal by the to the appeal an opportunity of being heard, pass such orders on
Appellate 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 627[ to the assessee and to the Commissioner within 628[
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.
629
[ (6) Notwithstanding anything contained in this 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 630[ 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 631[ :

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 a i, 1991 (1991   21 

Income-tax Ordinance, 1984 Page 167

 i)) came into force 632[ :

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 633[ :

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]] 634[
Reference to the 160. (1) The assessee or the Commissioner may, 635[ within ninety
High Court days] from the date of receipt of the order of the Appellate
Division Tribunal communicated to him under section 159, by application
in the prescribed form, accompanied, in the case of an application
by the assessee, by a fee of 636[ two thousand taka], refer to the
High Court Division any question of law arising out of such order
637
[:

Provided that no reference by an assessee shall lie unless he has

paid 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 as determined on the basis of the
order of the Appellate Tribunal:

Provided further that the Board may, on an application made in

this behalf, modify or waive, in any case, the requirement of such
payment.]

(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

Income-tax Ordinance, 1984 Page 168

 Commissioner of Taxes, the Inspecting Joint Commissioner or the
Appellate Joint Commissioner 638[ 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 639[ 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 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 640[ , 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).

Income-tax Ordinance, 1984 Page 169

 (6) Section 5 of the Limitation Act, 1908 (IX of 1908), shall apply
to an application under sub-section (1). 641[
Decision of the 161. (1) Where any case has been referred to the High Court
High Court Division under section 160, it shall be heard by a Bench of not
Division 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.

(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 any
Appellate judgment of the High Court Division delivered under section 161
Division in any case which the High Court Division certifies to be a fit one
for appeal to the Appellate Division 642[ :
643
[ * * *]]

(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.

Income-tax Ordinance, 1984 Page 170

 (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.
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 confidential and
be confidential 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

Income-tax Ordinance, 1984 Page 171

 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;

(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

Income-tax Ordinance, 1984 Page 172

 country outside Bangladesh with which the 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;
644
[ (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), *  i, 1990 (1990  22  i), the
Wealth-tax Act, 1963 (XV of 1963), the Customs Act, 1969 (IV
of 1969), the Sales tax Ordinance, 1982 (XVIII of 1982) or !"
 #я  i, 1991 (1991  22  i) 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; 645[ ***]

(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) 646[ ; 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 section 90 or 111, or to the giving of

Income-tax Ordinance, 1984 Page 173

 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, or with
of certain fine, or with both, if he, without reasonable cause,-
obligations
(a) fails to deduct 647[ 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 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 years, 649[ but

Income-tax Ordinance, 1984 Page 174

 in 648[ ] 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 650[ * * *];

(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 651[ ;

(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 652[ ;

(d) refuses to furnish such information as may be necessary for

the purpose of survey under section 115.]]
653
Punishment for [ 165A. - A person is guilty of an offence punishable with
improper use of imprisonment for a term which may extend to three years or with
Tax-payer’s fine up to taka fifty thousand or both, if he deliberately uses or
Identification used a fake Tax-payer's Identification Number (TIN) or a Tax-
Number payer's Identification Number (TIN) of another person.]
Punishment for 166. A person is guilty of an offence punishable with
concealment of imprisonment which may extend to five years 654[ but shall not be
income, etc less than three months], or with fine, or with both, if he conceals
the particulars, or deliberately furnishes inaccurate particulars, of
his income.
Punishment for 167. The owner of any property, or a person acting on his behalf
disposal of or claiming under him, is guilty of an offence punishable with
property to imprisonment for a term which may extend to five years, or with
prevent fine, or with both, if he sells, mortgages, charges, leases or
attachment 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 engaged, by any
disclosure of person acting in the execution of this Ordinance, is guilty of an
protected offence punishable with imprisonment for a term which may
information 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 any
prosecution provisions of this Chapter shall be instituted except with the

Income-tax Ordinance, 1984 Page 175

 previous sanction of the Board.

(2) [Omitted by section 6 of a i, 1999 (1999  16 

i).]
Power to 170. 655[ The Board may], either before or after the institution of
compound any proceedings or prosecution for an offence punishable under
offences this Chapter, compound such offence.
Trial by Special 171. (1) Notwithstanding anything contained in the Code of
Judge 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 rate
salary, etc, is higher than that at which it would otherwise have been assessed
paid in arrear or 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

(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

Income-tax Ordinance, 1984 Page 176

 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 Tribunal may,
errors 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.

(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.

Income-tax Ordinance, 1984 Page 177

 (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.
656
Place of [ 173A. (1) Where an assessee carries on a business, profession
assessment 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 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 appear before

Income-tax Ordinance, 1984 Page 178

 authorised any income tax authority or the Appellate Tribunal in connection
representative 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;

657
[ * * *]

(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 658[ :

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 659[ Board], in connection with any income-tax

proceeding, and, on account of that finding, he stands disqualified

Income-tax Ordinance, 1984 Page 179

 from practising his profession for so long as such disqualification
continues 660[ :

Provided that no person shall be disqualified under this sub-clause

unless he is given a reasonable opportunity of being heard:
661
[ * * *]
662
[ 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:

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 refund
calculated to payable under this Ordinance, fractions of a taka, less than fifty
nearest taka 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 recovered
given under this Ordinance.
Computation of 177. (1) In computing the period of limitation prescribed for an
the period of appeal or application under this Ordinance, the day on which the
limitation order complained of was served, or, if 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

Income-tax Ordinance, 1984 Page 180

 next following such holiday.
Service of notice 178. (1) A notice under this Ordinance may be served on the
person therein named 663[ either by 664[ registered post 665[ ***] 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)
[.
666
[ * * *]]

[* * *]

(1A) 667[ Omitted by section 5 of a i, 1997 (1997  15

 i).]

(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-

(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

Income-tax Ordinance, 1984 Page 181

 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 document
not to vitiate made, issued or executed, or purporting to be made, issued or
assessment, etc 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.
Proceeding 180. Notwithstanding anything contained in section 171 of the
against Companies Act, 1913 (VII of 1913), leave of the Court shall not
companies under be required for continuing any proceeding, or commencing any
liquidation proceeding, under this 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 aside or
prosecution, etc 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 not been
have effect made by Act of Parliament for the charging of income tax for that
pending year, this Ordinance shall nevertheless have effect until such
legislative provision is made, as if the provision in force in the preceding
provision for year, or the provision proposed in the bill which may then be
charge of tax before the Parliament, whichever is more favourable to the
assessee, were actually in force.

Income-tax Ordinance, 1984 Page 182

 668
[ Omitted] 184. [Restriction on registration of documents.- Omitted by
section 8 of a i, 1992 (1992  21  i).]
669
Requirement of [ 184A. Notwithstanding anything contained in this Ordinance,
certificate in a certificate from the concerned Deputy Commissioner of Taxes
certain cases or from any other person authorised by the Board in this behalf,
containing the 670[ 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;

671
[ (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 672[ ;
673
[ (d) submitting an application for membership of a club
registered under
m i, 1994 (1994  18  i)
674
[;

(e) issuance or renewal of license or enlistment of a surveyor of

general insurance;
675
[ (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;]

(g) registration 676[ , change of ownership] or renewal of fitness of

a car, jeep or a microbus 677[ ;

(h) sanction of loan exceeding five lakh taka to a person by a 678[

commercial bank or a leasing company];

(i) issue of credit card;

(j) issue of practising licence to a doctor, a chartered accountant, a

Income-tax Ordinance, 1984 Page 183

 cost and management accountant, a lawyer or an income tax
practitioner;
679
[ (k) giving ISD connection to any kind of telephone;

(l) registration of a company under
m i, 1994 (1994

 18  i) 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) 680[ ;

(n) applying for or renewal of membership of any trade body] 681[

;
(o) submitting a plan for construction of building for the purpose
of obtaining approval from Rajdhani Unnayan Kartipakkha
(Rajuk), Chittagong Development Authority (CDA), Khulna
Development Authority (KDA) and Rajshahi Development
Authority (RDA);

(p) issuance of drug license 682[ ;

(q) applying for connection of gas for commercial purpose in a

city corporation, paurashava or cantonment board;

(r) applying for connection of electricity for commercial purpose

in a city corporation, paurashava or cantonment board;

(s) registration, change of ownership or renewal of fitness of a

bus, truck, prime mover, lorry etc., plying for hire.]]
683
Tax-payer’s [ 184AA. The Board may, with the prior approval of the
identification Government and by notification in the official Gazette, specify
number (TIN) in any class of documents where a tax-payer's identification number
certain (TIN) is to be mentioned.]
documents, etc
684
Tax-payer’s [ 184B. Every assessee 685[ or any person who applies for tax
identification payer's identification number] will 686[ , on payment of tax,] be
number given a tax-payer’s identification number in such manner as may
be prescribed 687[ :

Provided that in case of filing return under section 82D, the

assessee is not required to apply for Tax-payer's Identification
Number (TIN) or pay tax for TIN.]]
688
Tax collection [ 184BB. Every person required to deduct or collect tax under

Income-tax Ordinance, 1984 Page 184

 account number Chapter VII of this Ordinance shall be given a tax collection
account number in such manner as may be prescribed.]
689
Unified [ 184BBB. An assessee having taxpayer's identification number
Taxpayer’s (TIN) when registered with VAT authority and obtained a
Identification business identification number (BIN) shall be given unified
Number (UTIN) taxpayer's identifiction number (UTIN) in such manner as may be
prescribed by the Board.]
690
Displaying of [ 184C. An assessee having income from business or profession
tax payer’s shall obtain tax payer's identification number (TIN) certificate
identification from the Deputy Commissioner of Taxes under whose jurisdiction
number he is being 691[ assessed] and shall display such certificate at a
certificate conspicuous place of such assessee’s business premises.]
692
Reward to [ 184D.- (1) Notwithstanding anything contained in this
officers and Ordinance or any other law for the time being in force, the Board
employees of the may, in such manner and in such circumstances and to such extent
Board and its as may be prescribed, grant reward to the following persons :-
subordinate (a) an officer or employee of the Board and its subordinate tax
income tax offices for outstanding performance in collection of taxes and
offices for detection of tax evasion;
collection and
detection of (b) any other person for furnishing information leading to
evasion of taxes detection of tax evasion.

(2) The Board may, in addition to the reward mentioned in sub-

section (1), grant reward to officers and employees of the Board
and its subordinate tax offices for a financial year for collecting of
revenue in excess of the revenue target as may be prescribed.]
693
Assistance to [ 184E.- All officers and staff of government and semi-
income tax government organizations, law enforcement agencies,
authorities autonomous bodies, statutory bodies, financial institutions,
educational institutions, private organizations, local government
and non-government organizations shall assist the income tax
authorities in the discharge of their functions under this
Ordinance.]
CHAPTER XXIII

RULES AND REPEAL

Power to make 185. (1) The Board may, by notification in the Official Gazette,
rules 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

Income-tax Ordinance, 1984 Page 185

 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 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

Income-tax Ordinance, 1984 Page 186

 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 694[ :

Provided that where previous publication of the draft of 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

Income-tax Ordinance, 1984 Page 187

 thinks fit for removing that difficulty.

(2) No notification under this section shall be issued after the

thirtieth day of June, 1988.
1
The semi-colon(;) and word “; or” were omitted by section 7 of the Finance
Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
2
The words, commas and semi-colon “and any amount received by letting out furniture,
fixture, fittings etc; or” were substituted by section 7 of the Finance Act, 2009 (Act
No.XXXVI of 2009)(with effect from 1st July 2009).
3
Sub-clause (b) was omitted by section 7 of a i, 1993 (1993  18  i)
4
The 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)
5
The words “an Appellate Additional Commissioner of Taxes” were substituted for the
words “a Senior Appellate Joint Commissioner of Taxes” by section 7 of a i, 1991
(1991  21  i)
6
The words “and also a person appointed to hold current charge of an Appellate Joint
Commissioner of Taxes” were added by section 6 of a i, 1999 (1999  16 
i)

7
Clause (5A) was inserted by section 7 of a i, 1993 (1993  18  i)

8
The words “or a pension fund” were inserted by section 6 of a i, 1999 (1999
 16  i)

9
The words, commas, figures and brackets “or
m i, 1994 (1994  18 
i), and includes a body corporate” were substituted for the comma and words “, and
includes a body corporate” by section 6 of a i, 1995(1995  12  i)

10
The words, figures and brackets -
m i, 1991 (1991  14  i)”
were substituted for the words, figures and brackets “the Banking Companies Ordinance,
1962 (LVII of 1962)” by section 53 of a i, 2000 (2000  15  i)

11
Clause (19) was substituted by section 15 of a i, 2003 (2003  17  i)

12
Clause (19A) was inserted by section 8 of a i, 1990 (1990  45  i)

Income-tax Ordinance, 1984 Page 188

13
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 a i, 1997 (1997  15 
i)

14
Clause (19B) was omitted by section 15 of a i, 2003 (2003  17  i)
15
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i),” were substituted for the words, comma,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)

16
The word “and” was omitted by section 8 of a i, 1990 (1990  45  i)

17
Clause (bb) were inserted by section 8 of a i, 1990 (1990  45  i)

Clauses (bb) and (bbb) were substituted for former clause (bb) by section 7 of a
18

i, 1991 (1991  21  i)17

19
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 a i, 1997 (1997  15 
i)
20
The words “not incorporated by or under any law” were substituted for the words
“whether incorporated or not” by section 7 of a i, 1991 (1991  21  i)
21
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i)” were substituted for the words, comma,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)

22
Clause (25) was substituted by section 7 of a i, 1993 (1993  18  i)

23
Clause (25A) was inserted by section 15 of a i, 2003 (2003  17  i)

24
Clause (25AA) was inserted by section 11 of a i, 2004 (2004  16  i)
25
The words and commas “or any Joint Director General, Central Intelligence Cell or
Deputy Director General, Central Intelligence Cell authorised by him” were added by

Income-tax Ordinance, 1984 Page 189

Section 8 of the Finance Act, 2009((Act No.IX of 2009)(with effect from 1st July 2007).
26
The words and comma(,) “any Additional Director General, Central Intelligence Cell
or” were inserted after the words and comma(,) “Director General, Central Intelligence
Cell or” by section 19 of the Finance Act,2010(Act No.XXXIII of 2010).
27
Clause (dd) was inserted by section 27 of a i, 2002 (2002  14  i)

28
Sub-clause (iiia) was inserted by section 27 of a i, 2002 (2002  14  i)

29
Sub-clause (iv) was omitted by section 6 of a i, 1999 (1999  16  i)
30
The words “and includes a person appointed to hold current charge of an Extra
Assistant Commissioner of Taxes” were added by section 6 of a i, 1999 (1999
 16  i)

31
Clause (30) was substituted by section 53 of a i, 2000 (2000  15  i)
32
The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was
added by section 27 of a i, 2002 (2002  14  i)
33
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 a i, 1999 (1999  16  i)
34
The 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)
35
The words “an Inspecting Additional Commissioner of Taxes” were substituted for the
words “a Senior Inspecting Joint Commissioner of Taxes” by section 7 of a i,
1991 (1991  21  i)
36
The words “and also a person appointed to hold current charge of an Inspecting Joint
Commissioner of Taxes” were added by section 6 of a i, 1999 (1999  16 
i)

37
Clause (45) was substituted by section 8 of a i, 2006 (2006  22  i)

38
Clause (53) was omitted by section 6 of a i, 1995 (1995  12  i)

Income-tax Ordinance, 1984 Page 190

 Sub-clause (e) was added by section 6 of the a i, 1999 (1999
39
 16 
i)

40
Clause (59A) was omitted by section 6 of a i, 1995 (1995  12  i)

41
Clause (62) was substituted by section 9 of a i, 2005 (2005  16  i)

42
Clause (63) was omitted by section 8 of a i, 1992 (1992  21  i)

43
Clause (67) was omitted by section 6 of a i, 1995 (1995  12  i)
44
Clause (1A), which was inserted by section 10 of the Finance Ordinance, 1986
(Ordinance No. of 1986) was omitted by section 6 of a i, 1995 (1995  12 
i)

45
Clause (2) was substituted by section 7 of a i, 1993 (1993  18  i)

46
Clause (2A) was inserted by section 8 of a i, 1990 (1990  45  i)

47
Clause (2B) was inserted by section 6 of a i, 1999 (1999  16  i)

48
Clause (2C) was inserted by section 16 of a i, 2003 (2003  17  i)

49
Clause (2D) was inserted by section 12 of a i, 2004 (2004  16  i)

50
Clause (3A) was substituted by section 7 of a i, 1991 (1991  21  i)
51
The words and commas “Director General, Central Intelligence Cell,” were inserted
after the words “The Board may appoint” by section 20 of the Finance Act,2010(Act
No.XXXIII of 2010).

The words “a Senior Commissioner of Taxes and” were omitted by section 6 of a
52

i, 1995 (1995  12  i)

53
The words “Directors-General of Inspection” were substituted for the words “Director
of Inspection” by section 7 of a i, 1993 (1993  18  i)
54
The words, brackets and the comma “Commissioners (Appeals),” were inserted by
section 8 of a i, 1990 (1990  45  i)

55
Sub-section (2A) was inserted by section 17 of a i, 2003 (2003  17 

Income-tax Ordinance, 1984 Page 191

i)

56
Section 4A was inserted by section 6 of a i, 1995 (1995  12  i)
57
The Semi-colon(;) was substituted for the comma word “, and” by section 21 of the
Finance Act,2010(Act No.XXXIII of 2010).
58
The semi-colon and the word “; and” were substituted for the full-stop(.) at the end and
thereafter clause (c) was added by section 21 of the Finance Act,2010(Act No.XXXIII of
2010).

Sub-section (1) was substituted by section 7 of a i, 1993 (1993

59
 18 
i)

60
The words and comma “Senior Commissioner,” were omitted by section 6 of a i,
1995 (1995  1  i)
61
The words and comma “Additional Commissioners of Taxes, Joint Commissioners of
Taxes” were substituted for the words “Joint Commissioners of Taxes” by section 7 of
a i, 1991 (1991  21  i)
62
The words, brackets and commas “or the Commissioners (Appeals), as the case may
be,” were inserted by section 8 of a i, 1990 (1990  45  i)
63
The words and brackets “or the Commissioners (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)

64
Clause (a) was omitted by section 6 of a i, 1995 (1995  1  i)

65
Clause (aa) was substituted by section 5 of a i, 1997 (1997  15  i)
66
Clause (aaa) was added by section 9 of the Finance Act 2009((Act No.IX of 2009)(with
effect from 1st July 2007).
67
The comma, words and brackets “, the Commissioners (Appeals)” were inserted by
section 8 of a i, 1990 (1990  45  i)

68
Clause (bb) was inserted by section 6 of a i, 1999 (1999  16  i)
69
The words and brackets “or the Commissioners (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)

Income-tax Ordinance, 1984 Page 192

70
Sub-clause (b) was omitted by section 7 of a i, 1993 (1993  18  i)
71
The words and comma “Inspecting Joint Commissioner, the Inspecting Additional
Commissioner” were substituted for the words “Inspecting Joint Commissioner” by
section 7 of a i, 1991 (1991  21  i)
72
The words and comma “Inspecting Joint Commissioner, the Inspecting Additional
Commissioner” were substituted for the words “Inspecting Joint Commissioner” by
section 7 of a i, 1991 (1991  21  i)
73
The words and comma “Inspecting Joint Commissioner, the Inspecting Additional
Commissioner” were substituted for the words “Inspecting Joint Commissioner” by
section 7 of a i, 1991 (1991  21  i)
74
The words and comma “Inspecting Joint Commissioner, the Inspecting Additional
Commissioner” were substituted for the words “Inspecting Joint Commissioner” by
section 7 of a i, 1991 (1991  21  i)

75
The words “judicial and accountant” were omitted by section 28 of a i, 2002
(2002  14  i)

Sub-section (3) was substituted by section 28 of a i, 2002 (2002

76
 14 
i)
77
Clase (i) was substituted by section 8 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
78
The semi-colon and word “; or” were substituted for the full-stop(.) at the end and
thereafter clause (ix) was added by section 22 of the Finance Act,2010(Act No.XXXIII of
2010).

Sub-section (4) was substituted by section 4 of a i, 1996 (1996

79
 18 
i)
80
The comma(,) and words “, who is a member of the Board or holds the current charge
of a member of the Board” were inserted after the words “President thereof” by section
22 of the Finance Act,2010(Act No.XXXIII of 2010).
81
The words, comma, figures and brackets “or Bangladesh Chartered Accountants Order,
1973 (P.O. No. 2 of 1973)” were inserted by section 47 of a i, 2001 (2001 
30  i)
82
The words “and that there is equality in number of judicial members and accountant

Income-tax Ordinance, 1984 Page 193

members” were omitted by section 29 of a i, 2002 (2002  14  i)
83
The full stop (.) was substituted for the colon (:) and thereafter the proviso was omitted
by section 48 of a i, 2001 (2001  30  i)

84
Section 16A was inserted by section 8 of a i, 1988 (1988  33  i)

85
Sections 16B and 16C were inserted by section 30 of a i, 2002 (2002  14
 i)

The Explanation was substituted by section 13 of a i, 2004 (2004

86
 16 
i)
87
The 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)
88
Section 16CC were omitted by Finance Act,2009(Act No.X of 2009)(with effect from
1st July 2008).
89
The words “an Appellate Additional Commissioner of Taxes” were substituted for the
words “a Senior Appellate Joint Commissioner of Taxes” by section 7 of a i, 1991
(1991  21  i)
90
Section 16E were inserted by section 23 of the Finance Act,2010(Act No.XXXIII of
2010).
91
The words “income year in which it is received” were substituted for the words
“income year in which it is declared” by Section 11 of the Finance Act,2009(Act No.IX
of 2009)(with effect from 1st July 2007).
92
The words “which makes any debtor taxable” were omitted by section 6 of a i,
1999 (1999  16  i)
93
The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added
by section 31 of a i, 2002 (2002  14  i)

94
The proviso was substituted by section 19 of a i, 2003 (2003  17  i)
95
The words, brackets and letters “except as provided in clause (aa)” were inserted by
section 7 of a i, 1991 (1991  21  i)

Income-tax Ordinance, 1984 Page 194

96
Clause (aa) was inserted by section 7 of a i, 1991 (1991  21  i)

The words “three years” were substituted for the words “two years” by section 6 of a
97

i, 1999 (1999  16  i)

The words “three years” were substituted for the words “two years” by section 6 of a
98

i, 1999 (1999  16  i)

99
The proviso was substituted by section 19 of a i, 2003 (2003  17  i)

100
Sub-sections (21), (22) and (23) were added by section 7 of a i, 1993 (1993
 18  i)
101
The words “three years” were substituted for the words “two years” by section 6 of
a i, 1999 (1999  16  i)

Sub-section (21A) was inserted by section 31 of a i, 2002 (2002

102
 14 
i)
103
Sub-section 24 was substituted by section 24 of the Finance Act,2010(Act No.XXXIII
of 2010).
104
Sub-section 25 was omitted by Section 11 of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
105
The words “and also a person appointed to hold current charge of an Appellate Joint
Commissioner of Taxes” were added by section 6 of a i, 1999 (1999  16 
i)
106
Section 19A was omitted by section 25 of the Finance Act,2010(Act No.XXXIII of
2010).
107
Clause (5A) was inserted by section 7 of a i, 1993 (1993  18  i)
108
Section 19AA was omitted by section 26 of the Finance Act,2010(Act No.XXXIII of
2010).
109
The words “or a pension fund” were inserted by section 6 of a i, 1999 (1999
 16  i)
110
Section 19AAA was omitted by section 27 of the Finance Act,2010(Act No.XXXIII
of 2010).

Income-tax Ordinance, 1984 Page 195

111
The words, commas, figures and brackets “or
m i, 1994 (1994  18
 i), and includes a body corporate” were substituted for the comma and words “,
and includes a body corporate” by section 6 of a i, 1995(1995  12  i)
112
Sections 19B, 19BB and 19BBB were omitted by section 12 of the Finance
Act,2009(Act No. IX of 2009)(with effect from 1st July 2007).
113
Clauses (a), (b), (c) and (d) were substituted for clauses (a) and (b) by section 11 of
a i, 2006 (2006  22  i)

The words, figures and brackets -
m i, 1991 (1991  14 

114

i)” were substituted for the words, figures and brackets “the Banking Companies
Ordinance, 1962 (LVII of 1962)” by section 53 of a i, 2000 (2000  15 
i)
115
Sections 19B, 19BB and 19BBB were omitted by section 12 of the Finance
Act,2009(Act No. IX of 2009)(with effect from 1st July 2007).
116
Clause (19) was substituted by section 15 of a i, 2003 (2003  17  i)

117
Sections 19B, 19BB and 19BBB were omitted by section 12 of the Finance
Act,2009(Act No. IX of 2009)(with effect from 1st July 2007).
118
Section 19C was inserted by section 29 of the Finance Act,2010(Act No.XXXVIII of
2010).
119
The words “the Government or any security approved by Government” were
substituted for the words “the Government” by section 15 of a i, 2004 (2004 
16  i)

120
The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was
added by section 6 of a i, 1995 (1995  12  i)

121
Clause (c) was omitted by section 6 of a i, 1995 (1995  12  i)
122
The commas and words “, whether used for commercial or residential purposes,” were
inserted by section 35 of a i, 2002 (2002  14  i)
123
The commas and words “, furniture, fixture, fittings etc.” were added after the word
“building” by section 14 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect
from 1st July 2009).

Income-tax Ordinance, 1984 Page 196

124
Clause (c) was omitted by section 8 of a i, 1992 (1992  21  i)
125
The colon(:) was substituted for the semi-colon(;) and thereafter the proviso was
added by section 13 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st
July 2007).
126
Clause (gg) was inserted by section 36 of a i, 2002 (2002  14  i)

127
Clause (h) was substituted by section 16 of a i, 2004 (2004  16  i)

128
Clause (i) was omitted by section 8 of a i, 1992 (1992  21  i)
129
The semi-colon (;) was substituted for the full stop (.) and thereafter clause (h) was
inserted by section 6 of a i, 1994 (1994  11  i)

Sub-section (3) was inserted by section 4 of a i, 1996 (1996

130
 18 
i)
131
The comma and words “, Investment Corporation of Bangladesh” were inserted by
section 6 of a i, 1999 (1999  16  i)
132
The words and comma “any other entity, when lending of money is not the business of
transferor” 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 Act,2009(Act No.IX of 2009)(with effect from 1st
July 2007).
133
The words “five per cent” were substituted for the words “ten percent” by section 14
of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
134
The words “or bridge or road or fly over owned by a physical infrastructure
undertaking” were inserted after the words “property of the assessee” by section 30 of the
Finance Act,2010(Act No.XXXIII of 2010).
135
Clause (x) was omitted by section 12 of a i, 2005 (2005  16  i)

136
Clause (xa) was omitted by section 17 of a i, 2004 (2004  16  i)

137
The proviso was omitted by section 37 of a i, 2002 (2002  14  i)

138
Clause (xviii) was omitted by section 8 of a i, 1990 (1990  45  i)

Income-tax Ordinance, 1984 Page 197

139
Clause (xviiia) was inserted by section 8 of a i, 1987 (1987  27  i)

140
Clause (xviiiaa) was inserted by section of a i, 1990 (1990  45  i)

The comma and words “, Karmo shongsthan Bank” were inserted by section 14 of a
141

i, 2006 (2006  22  i)

142
The words “one per cent” were substituted for the words “two per cent” by section 12
of a i, 2005 (2005  16  i)

The proviso was substituted by section 7 of a i, 1993 (1993

143
 18 
i)
144
The 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 a i, 1997 (1997  15  i)
145
The commas, figures and word “, 1999-2000, 2000-2001 and 2001-2002” were
substituted for the word and figures “ and 1999-2000” by section 6 of a i, 1999
(1999  16  i)12
146
The 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 a i,
2002 (2002  14  i)
147
The 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 a i, 2005
(2005  16  i)
148
The colon (:) was substituted for the semi-colon (;) and the proviso was added by
section 7 of a i, 1993 (1993  18  i)
149
The semi colon (;) was substituted for the colon (:) and the proviso was omitted by
section 5 of a i, 1997 (1997  15  i)

150
Clause (aa) was inserted by section 7 of a i, 1993 (1993  18  i)

151
Clause (e) was substituted by section 13 of a i, 2005 (2005  16  i)
152
The words “two lakh and fifty thousand” were substituted for the words “two lakh” by

Income-tax Ordinance, 1984 Page 198

section 31 of the Finance Act,2010(Act No.XXXIII of 2010).

Clauses (g) and (h) were inserted by section 22 of a i, 2003 (2003
153
 17 
i)
154
The words “eight percent” was substituted for the words “five percent” by the section
15 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
155
The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (i), (j)
and (k) were inserted by section 15 of a i, 2006 (2006  22  i)

156
Section 30A was inserted by section 38 of a i, 2002 (2002  14  i)
157
The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added
by section 8 of a i, 1990 (1990  45  i)
158
The words, comma, brackets and figures ‘‡Kv¤úvbx AvBb, 1994 (1994 m‡bi 18bs
AvBb)’ were substituted for the words, comma, brackets and figures “the Companies
Act, 1913 (VII of 1913)” by section 6 of a i, 1999 (1999  16  i)

159
Sub-clauses (a) and (b) were omitted by section 10 of the Finance Ordinance, 1986
(Ordinance No. XLV of 1986)

Sub-clauses (c), (cc) and (ccc) were substituted for the clause (c) by section 8 of a
160

i, 1990 (1990  45  i)

161
Sub-clause (c) was omitted by section 7 of a i, 1993 (1993  18  i)
162
The 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)
163
The proviso was omitted by section 8 of a i, 1990 (1990  45  i)

164
The proviso was inserted by section 7 of a i, 1993 (1993  18  i)

The word “same” was omitted by section 6 of a i, 1995 (1995
165
 12 
i)

Sub-section (7) was substituted by section 6 of a i, 1995 (1995

166
 12 
i)
167
The words “and stocks and shares of public companies listed with a stock exchange in
Bangladesh” was omitted by section 32 of the Finance Act,2010(Act No.XXXIII of

Income-tax Ordinance, 1984 Page 199

2010).
168
The words and comma “other than bonus share of a company,” were omitted by
section 4 of a i, 1996 (1996  18  i)
169
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i),` were substituted for the words, comma
and figures “the Companies Act, 1913 (VII of 1913)” by section 6 of a i, 1995
(1995  12  i)
170
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i),` were substituted for the words, comma,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)
171
Sub-section (11A) was omitted by section 16 of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).

Sub-section (12) was inserted by section 8 of a i, 1990 (1990

172
 45 
i)
173
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 a i, 2000 (2000  15  i)
174
The words, brackets and figures “(21A) or (24) applies” for the words, figures,
brackets and commas “(21A),(24) or (25) applies” by section 13 of the Finance
Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
175
The inverted commas, the words and the comma “Agricultural income”, were inserted
by section 7 of a i, 1991 (1991  21  i)
176
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i)” were substituted the words, commas,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)
177
The words and comma “and every registered firm whose capital on the last day of any
income year was not less than five lakh taka” were omitted by section 4 of a i,
1996 (1996  18  i)

178
The words “or a registered firm” were omitted by section 6 of a i, 1998

Income-tax Ordinance, 1984 Page 200

(1998  14  i)

The proviso was substituted by section 14 of a i, 2005 (2005

179
 16 
i)
180
The proviso was added by section (18) of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
181
The words “a firm” were substituted for the words “an unregistered firm” by section 6
of a i, 1995 (1995  12  i).]
182
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 a i, 1995 (1995  12 
i)
183
The words “otherwise than by way of gift or for adequate consideration” were
substituted for words “otherwise than for adequate consideration” by section 8 of a
i, 1990 (1990  45  i)
184
The words “otherwise than by way of gift or for adequate consideration” were
substituted for words “otherwise than for adequate consideration” by section 8 of a
i, 1990 (1990  45  i)
185
The words “otherwise than by way of gift or for adequate consideration” were
substituted for words “otherwise than for adequate consideration” by section 8 of a
i, 1990 (1990  45  i)

The word “settlor” was substituted for the word “settler” by section 12 of a i,
186

1989 (1989  36  i)6

The word “settlor” was substituted for the word “settler” by section 12 of a i,
187

1989 (1989  36  i)7

188
The full stop (.) was substituted for the colon (:) and thereafter the proviso was
omitted by section 8 of a i, 1988 (1988  33  i)

The word “settlor” was substituted for the word “settler” by section 12 of a i,
189

1989 (1989  36  i)10

The word “settlor” was substituted for the word “settler” by section 12 of a i,
190

1989 (1989  36  i)11

Income-tax Ordinance, 1984 Page 201

 The word “settlor” was substituted for the word “settler” by section 12 of a i,
191

1989 (1989  36  i)

192
Sub-sections (2) and (3) were substituted by section 8 of a i, 1992 (1992 
21  i)
193
The words “ten percent” were substituted for the word “fifteen percent” by section 14
of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
194
The 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 a
i, 2005 (2005  16  i)

Sub-section (3) was substituted by section 58 of a i, 2000 (2000

195
 15 
i)
196
The 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 a i, 2005 (2005 
16  i)
197
The words “Ten lakh taka” were substituted for the words “Five lakh taka” by section
16 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
198
Clause (b) was omitted by section 17 of a i, 2006 (2006  22  i)
199
The words and bracket “clause (a)” was substituted for the words and brackets
“clauses (a) and (b)” by section 17 of a i, 2006 (2006  22  i)
200
The words “twenty five percent” were substituted for the words “twenty percent” by
section 14 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
201
The full stop (.) was substituted for the colon (:) and thereafter the proviso was
omitted by section 15 of a i, 2005 (2005  16  i)
202
Sub-sections (2A) and (2B) were inserted by section 8 of the Finance Ordinance, 1985
(Ordinance No. XXXII of 1985)

The figure “1995” was substituted for the figure “2000” by section 7 of a i,
203

1991 (1991  21  i)

204
The words “seven years” was substituted for the word “six years” by the Income tax

Income-tax Ordinance, 1984 Page 202

(Amendment) Ordinance, 1986 (Ordinance No. L of 1986)
205
The words “five years” was substituted for the word “four years” by the Income tax
(Amendment) Ordinance, 1986 (Ordinance No. L of 1986)
206
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i)` were substituted for the words, comma,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)

207
Clauses (c) and (cc) were substituted for the clause (c) by section 8 of a i, 1992
(1992  21  i)

208
Clause (c) was omitted by section 6 of a i, 1994 (1994  14  i)
209
The 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 a i, 1999 (1999  16  i)
210
The words “thirty per cent” were substituted for the words “twenty five per cent” by
section 6 of a i, 1994 (1994  14  i)
211
The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was
added by section 6 of a i, 1999 (1999  16  i)
212
The words “one hundred and eighty days” were substituted for the words “one
hundred and twenty days” by section 10 of the Finance Act, 1986 (Act No. LXV of 1986)
213
The words “one hundred and eighty days” were substituted for the words “one
hundred and twenty days” by section 10 of the Finance Act, 1986 (Act No. LXV of 1986)

Sub-section (2C) was inserted by section 8 of a i, 1990 (1990

214
 45 
i)
215
The words “three months” were substituted for the words “six months” by section 8 of
a i, 1992 (1992  21  i)

216
The proviso was substituted by section 6 of a i, 1999 (1999  16  i)

217
Sub-section (8) was added by section 8 of a i, 1992 (1992  21  i)
218
The words and commas “hunting lodges, amusement and theme park, holiday home,
tourist resort, family fun and games, energy park” were substituted for the words

Income-tax Ordinance, 1984 Page 203

“hunting lodges” by section 50 of a i, 2001 (2001  30  i)
219
Sub-sections (2A) and (2B) were inserted by section 8 of the Finance Ordinance, 1985
(Ordinance No. XXXII of 1985)

The figure “2000” was substituted for the figure “1990” by section 12 of a i,
220

1989 (1989  36  i)

221
The 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)
222
The 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)

Clauses (c) and (cc) were substituted for former clause (c) by section 8 of a i,
223

1992 (1992  21  i)

224
Clause (c) was omitted by section 6 of a i, 1994 (1994  11  i)
225
The 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 a i, 1999 (1999  16  i)

226
The words “twenty five per cent” were substituted for the words “twenty per cent.” by
section 7 of a i, 1993 (1993  18  i)
227
The colon (:) was substituted for the semi colon (;) and thereafter the proviso was
added by section 6 of a i, 1999 (1999  16  i)
228
The words “one hundred and eighty days” were substituted for the words “one
hundred and twenty days” by section 10 of the Finance Ordinance, 1986 (Ordinance No.
XLV of 1986)

Sub-section (2C) was inserted by section 8 of a i, 1990 (1990

229
 45 
i)
230
The words “three months” were substituted for the words “six months” by section 8 of
a i, 1992 (1992  21  i)

231
Sub-section (8) was inserted by section 8 of a i, 1992 (1992  21  i)

232
Section 46A was inserted by section 6 of a i, 1995 (1995  12  i)

Income-tax Ordinance, 1984 Page 204

233
The words and figure “profits and gains under section 28 fromprofits” were
substituted for the words “profits and gains of” by section 18 of a i, 2006 (2006
 22  i)3
234
The word, comma and figure “June, 2008” were substituted for the word, comma and
figure “June, 2005” by section 16 of a i, 2005 (2005  16  i)
235
The words “Dhaka and Chittagong divisions” were substituted for the words and
comma “Dhaka and Chittagong and Sylhet divisions, ” by section 59 of a i, 2000
(2000  15  i)

236
The word “four” was substituted for the word “five” by section 16 of a i, 2005
(2005  16  i)
237
The 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 a i, 2000 (2000  15  i)

238
The word “six” was substituted for the word “seven” by section 16 of a i, 2005
(2005  16  i)

The Explanation was omitted by section 16 of a i, 2005 (2005

239
 16 
i)

Sub-section (1A) was inserted by section 16 of a i, 2005 (2005

240
 16 
i)
241
The words and comma “solar energy plant,” were added after the words and comma
“waste treatment plant,” by section (19) of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
242
Clause (b) and the Explanation was omitted by section 16 of a i, 2005 (2005
 16  i)

243
Clause (c) was substituted by section 16 of a i, 2005 (2005  16  i)
244
The colon was substituted for full-stop at the end of the existing proviso and thereafter
a new proviso was added by section 17 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
245
The 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 a i, 2000

Income-tax Ordinance, 1984 Page 205

(2000  15  i)

Sub-section (2A) was substituted by section 24 of a i, 2003 (2003

246
 17 
i)
247
The words “forty-five days” were substituted for the words “thirty days” by section 24
of a i, 2003 (2003  17  i)
248
The colon (:) was substituted for the full stop (.) and thereafter the proviso was
inserted by section 40 of a i, 2002 (2002  14  i)

249
The proviso was substituted by section 6 of a i, 1999 (1999  16  i)
250
The semi-colon (;) and the word “; and” were substituted and thereafter clause (c) was
added by section 51 of a i, 2001 (2001  30  i)
251
The full stop (.) was substituted for the semi-colon (;) and clause (d) was omitted by
section 16 of ar i, 2005 (2005  16  i)
252
Section (46B) was inserted by section 15 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
253
The words “energy saving bulb, solar energy panel, barrier contraceptive or rubber
latex,” were inserted by section 33 of the Finance Act,2010(Act No.XXXIII of 2010).
254
The colon was substituted for the full-stop at the end and thereafter proviso was added
by section 18 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July
2009).
255
Semi-colon(;) was substituted for the full-stop at the end and thereafter clause (f) was
added by section 33 of the Finance Act,2010(Act No.XXXIII of 2010).
256
The words “three lakh taka” were substituted for the words “one lakh taka” by section
6 of a i, 1995 (1995  12  i)
257
The word “fifteen” was substituted for the word “ten” by section 8 of the Finance
Ordinance, 1985 (Ordinance No. XXXII of 1985)
258
Clause (aa) was inserted by section 52 of a i, 2001 (2001  30  i)
259
Clause (bb) was omitted by section 2 of the Income Tax (Amendment) Ordinance No,
1985 (Ordinance No. XXXVI of 1985)
260
The word “and” was omitted by section 8 of a i, 1988 (1988  33 

Income-tax Ordinance, 1984 Page 206

i)
261
The semi colon (;) was substituted for the full-stop (.) and thereafter clauses (h) to (m)
were added by section 8 of a i, 1988 (1988  33  i)

262
Clause (l) was omitted by section 7 of a i, 1993 (1993  18  i)

The word “and” was omitted by section 12 of a i, 1989 (1989
263
 36 
i)
264
The semi-colon (;) was substituted for the full stop (.) and the word “and ” and clause
(n) was inserted by section 12 of a i, 1989 (1989  34  i)

The word “and” was omitted by section 6 of a i, 1999 (1999
265
 16 
i)

266
Clause (n) was substituted by section 52 of a i, 2001 (2001  30  i)
267
The semi-colon (;) was substituted for the full-stop (.) and thereafter the clauses (o),
(p) and (q) were inserted by section 7 of a i, 1991 (1991  21  i)

Clauses (r), (s), (t), (u), (v), (w), (x), (y) and (z) were inserted by section 6 of a
268

i, 1999 (1999  16  i)

269
Clause (u) was omitted by section 60 of a i, 2000 (2000  15  i)

270
Clause (v) was omitted by section 52 of a i, 2001 (2001  30  i)

271
Clause (y) was omitted by section 60 of a i, 2000 (2000  15  i)

272
Clauses (za), (zb) and (zc) were added by section 60 of a i, 2000 (2000 
15  i)

273
Clause (zb) was omitted by section 52 of a i, 2001 (2001  30  i)
274
The semi-colon (;) was substituted for the full stop (.) and thereafter clause (zd) was
inserted by section 52 of a i, 2001 (2001  30  i)
275
The semi colon (;) was substituted for the full stop (.) and thereafter clause (ze) was
added by section 41 of a i, 2002 (2002  14  i)
276
The semi-colon (;) was substituted for the full stop (.) and thereafter clauses (zf), (zg),

Income-tax Ordinance, 1984 Page 207

(zh) and (zi) were inserted by section 17 of a i, 2005 (2005  16  i)
277
Clause (zf) was substituted by section 19 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
278
The words “any commodity” were substituted for the words “knitwear or oven
garments” by section 20 of the Finance Act,2009(Act No.IX of 2009)(with effect from
1st July 2007).
279
The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (zj), (zk)
and (zl) were added by section 19 of a i, 2006 (2006  22  i)
280
Clause (zk) was omitted by section 19 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
281
Clause (zl) was omitted by section 20 of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2009).
282
Clauses (zm), (zn) and (zo) were added by section 20 of the Finance Act,2009(Act
No.IX of 2009)(with effect from 1st July 2009).
283
The words “issuance or” were omitted by section 16 of the Finance Act,2009(Act
No.X of 2009)(with effect from 1st July 2008).
284
Clause (zn) was omitted by section 34 of the Finance Act,2010(Act No.XXXIII of
2010).
285
Semicolon was substituted for the full-stop and thereafter new clauses (zp),(zq),(zr)
and (zs) were added by section 16 of the Finance Act,2009(Act No.X of 2009)(with
effect from 1st July 2008).
286
Semicolon was substituted for the full-stop at the end and thereafter clause (zt) was
added by section 19 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from
1st July 2009).
287
Semi-colon (;) was substituted for the full-stop(.) at the end of clause (zt) and
thereafter clauses (zu) and (zv) were added by section 34 of the Finance Act,2010(Act
No.XXXIII of 2010).
288
Section 50A was inserted by section 5 of a i, 1997 (1997  15  i)
289
The colon (:) was substituted for the full-stop (.) and thereafter the proviso was
inserted by section 19 of a i, 2004 (2004  16  i)

290
Sub-section (1) was substituted by section 18 of a i, 2005 (2005  16 

Income-tax Ordinance, 1984 Page 208

i)
291
Colon(:) was substituted for the full-stop(.) at the end of sub-section (1) and thereafter
proviso was added by section 21 of the Finance Act,2009(Act No.IX of 2009)(with effect
from 1st July 2007).
292
Clause (19A) was inserted by section 8 of a i, 1990 (1990  45  i)
293
The words “or travel agency commission or shipping agency commission” were
inserted by section 28 of a i, 1988 (1988  33  i)
294
The words “execution of contract or sub-contract” was substituted for the words
“execution of contract” by section 52 of the Finance Act,2009(Act No.IX of 2009)(with
effect from 1st July 2007).
295
The words “or for services rendered” were omitted by section 6 of a i, 1998
(1998  14  i)

296
Sections 52A, 52B and 52C were inserted by section 6 of a i, 1998 (1998
 14  i)

Section 52A was substituted by section 21 of a i, 2004 (2004

297
 16 
i)
298
The words “ten percent” were substituted for the words “five percent” by section 23 of
the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
299
The words “ten per cent” were substituted for the words “five percent” by section 19
of ar i, 2005 (2005  16  i)

300
Section 52AA was inserted by section 43 of a i, 2002 (2002  14  i)

The words “clearing and forwarding agency or” were omitted by section 22 of a
301

i, 2004 (2004  16  i)

302
The words “ten percent” were substituted for the words “seven and half percent” by
the sections 35 of the Finance Act,2010(Act No.XXXIII of 2010).

Section 52AAA was inserted by section 23 of a i, 2004 (2004

303
 16 
i)
304
The words “ten percent” were substituted for the words “seven and half percent” by

Income-tax Ordinance, 1984 Page 209

the sections 36 of the Finance Act,2010(Act No.XXXIII of 2010).
305
The words “six percent” were substituted for the words “four percent” by the sections
26 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
306
Sub-section 52C was substituted by section 37 of the Finance Act,2010(Act
No.XXXIII of 2010).

Sections 52D, 52E, 52F, 52G, 52H and 52I were inserted by section 6 of a i,
307

1999 (1999  16  i)

308
The words “ten percent” were substituted for the words “five percent” by the sections
27 of the Finance Act, 2009(Act No.IX of 2009)(with effect from 1st July 2007).
309
The proviso was omitted by section 44 of a i, 2002 (2002  14  i)
310
First and Second provisos were omitted by section 38 of the Finance Act,2010(Act
No.XXXIII of 2010).
311
The word “further” was omitted by section 38 of the Finance Act,2010(Act
No.XXXIII of 2010).
312
The words and comma “provident fund or a workers` profit participation fund” were
substituted for the words “provident fund” by section 25 of a i, 2003 (2003 
17  i)
313
Colon(:) was substituted for the full-stop(.) at the end and thereafter a proviso was
added by section 38 of the Finance Act,2010(Act No.XXXIII of 2010).
314
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 a i, 1997 (1997  15 
i)

Section 52F was substituted by section 21 of a i, 2005 (2005

315
 16 
i)

Section 52F was substituted by section 21 of a i, 2005 (2005

316
 16 
i)
317
Clauses (a),(b) and (c) were substituted by section 39 of the Finance Act,2010(Act
No.XXXIII of 2010).

Income-tax Ordinance, 1984 Page 210

318
Clause (19B) was omitted by section 15 of a i, 2003 (2003  17  i)
319
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i),” were substituted for the words, comma,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)

The word “and” was omitted by section 8 of a i, 1990 (1990
320
 45 
i)
321
Section 52K was inserted by section (29) of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
322
Clause (bb) were inserted by section 8 of a i, 1990 (1990  45  i)
323
Section 52L was omitted by section 40 of the Finance Act,2010(Act No.XXXIII of
2010).
324
Section 52M was inserted by section (29) of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
325
The words “fifteen percent” were substituted for the words “seven and half percent”
by section 41 of the Finance Act,2010(Act No.XXXIII of 2010).
326
Section 52N was inserted by section 4 of the Income Tax (Amendment) Act, 2009
(Act No. XI of 2009) (with effect from 1st July, 2007).
327
Section (52O) was added by section 21 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
328
Section 53 of sub-section (1) was substituted by section 8 of a i, 1992 (1992
 21  i)
329
The words “The Commissioner of Customs” were substituted for the words “The
Collector of Customs” by section 55 of a i, 2001 (2001  30  i)

330
Sections 53A, 53B, 53C and 53D were inserted by section 8 of a i, 1988
(1988  33  i)

Sub-section (1) was substituted by section 8 of a i, 1992 (1992

331
 21 
i)
332
The words “any company as defined in clause (20) of section 2” were substituted for

Income-tax Ordinance, 1984 Page 211

the words, brackets and figure “any company as defined in the Companies Act, 1913 (VII
of1913) ” by section 6 of a i, 1995 (1995  12  i)
333
The words “donation or assistance or any university or medical college or dental
college or engineering college” were substituted for the words “donation or assistance”
by section 26 of a i, 2004 (2004  16  i)

334
The Explanation was added by section 6 of a i, 1999 (1999  16  i)
335
The words “five percent” were substituted for the words “four percent” by section 30
of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
336
The colon(:) was substituted for the full-stop at the end and thereafter proviso was
added by section 22 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from
1st July 2009).
337
The 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 a i, 1993
(1993  18  i)
338
The Section (53BB) was substituted by section 23 of the Finance Act,2009(Act
No.XXXVI of 2009)(with effect from 1st July 2009).
339
The words , figure, mark and brackets “zero point five zero percent (0.50%)” were
substituted for the words, figure, mark and brackets “zero point two five percent
(0.25%)” by section 42 of the Finance Act,2010(Act No.XXXIII of 2010).

Section 53BBB was inserted by section 24 of a i, 2005 (2005

340
 16 
i)
341
The words , figure, mark and brackets “zero point zero five percent (0.05%)” were
substituted for the words, figure, mark and brackets “zero point zero two five percent
(0.025%)” by section 43 of the Finance Act,2010(Act No.XXXIII of 2010).
342
Section 53BBBB was substituted by section 25 of the Finance Act,2009(Act
No.XXXVI of 2009)(with effect from 1st July 2009).
343
The words , figure, mark and brackets “zero point five zero percent (0.50%)” were
substituted for the words, figure, mark and brackets “zero point two five percent
(0.25%)” by section 44 of the Finance Act,2010(Act No.XXXIII of 2010).
344
The words “public auction through sealed tender or otherwise” were substituted for
the words “public auction” by section 4 of a i, 1996 (1996  18  i)

Income-tax Ordinance, 1984 Page 212

345
The words, commas, figures, and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18 i)` were substituted for the words, comma,
figures and brackets “ the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)

346
Section 53CC was inserted by section 20 of a i, 2006 (2006  22  i)
347
The words “fifteen percent” were substituted for the words “seven and half percent”
by section 45 of the Finance Act,2010(Act No.XXXIII of 2010).

Clauses (bb) and (bbb) were substituted for former clause (bb) by section 7 of a
348

i, 1991 (1991  21  i)17

349
Section (53DD) was omitted by section 26 of the Finance Act,2009(Act No.XXXVI
of 2009)(with effect from 1st July 2009).
350
The words “not incorporated by or under any law” were substituted for the words
“whether incorporated or not” by section 7 of a i, 1991 (1991  21  i)

351
Section 53E was substituted by section 6 of a i, 1995 (1995  12  i)

352
The words “or allows any discount” were inserted by section 56 of a i, 2001
(2001  30  i)

The words “or at the time of allowing discount” were inserted by section 56 of a
353

i, 2001 (2001  30  i)

354
The 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
a i, 2001 (2001  30  i)
355
The words “seven and half percent” were substituted for the words “five percent” by
section 33 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
356
Section 53EE was inserted by section 66 of a i, 2000 (2000  15  i)
357
The words “seven and half percent” were substituted for the words “four percent” be
section 46 of the Finance Act,2010(Act No.XXXIII of 2010).
358
Sections 53F and 53G were inserted by section 8 of a i, 1990 (1990  45
 i)
359
The words “run on Islamic principles or non-banking financial institution or any

Income-tax Ordinance, 1984 Page 213

leasing company or housing finance company” were substituted for the words “run on
Islamic principles” by section 25 of a i, 2005 (2005  16  i)
360
The words “housing finance company” were substituted for the words “housing
finance company or pot office” by section 18 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
361
Colon(:) was for the full-stop and thereafter proviso was added by section 18 of the
Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
362
Section 53FF was inserted by section 26 of a i, 2005 (2005  16  i)
363
Clause (a) was substituted by section 47 of the Finance Act,2010(Act No.XXXIII of
2010).
364
Clause (b) was substituted for clause b by section 27 of the Finance Act,2009(Act
No.XXXVI of 2009)(with effect from 1st July 2009).
365
The words “valued at a sum exceeding one lakh taka” were omitted by section 2 of the
Income tax (Amendment) Act, 2010(Act no. XXVII of 2010).
366
The words, figures, brackets and comma “and on which stamp duty is chargeable
under the Stamp Act, 1899 (Act No. II of 1899)” for the words “tax shall be payable” by
section 2 of the Income tax (Amendment) Act, 2010(Act no. XXVII of 2010).
367
The words “five percent” was substituted for the words “five percent” by section 48 of
the Finance Act,2010(Act No.XXXIII of 2010).
368
The full-stop was substituted for the colon at the end and the proviso was omitted by
section 19 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
369
The words “forty thousand taka” were substituted for the words “twenty-five thousand
taka” by section 67 of a i, 2000 (2000  15  i)
370
The words “fifteen percent” were substituted for the words “seven and half percent”
by section 49 of the Finance Act,2010(Act No.XXXIII of 2010).
371
The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i)” were substituted for the words, comma,
figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1995 (1995  12  i)
372
Section (52GGG) was omitted by section 39 of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).

Income-tax Ordinance, 1984 Page 214

373
Section 53H was inserted by section 7 of a i, 1991 (1991  21  i)

Sub-section (1) was substituted by section 8 of a i, 1992 (1992

374
 21 
i)

375
Clause (a) was substituted by section 6 of a i, 1994 (1994  11  i)
376
Clause (c) was substituted by section 3 of the Income tax (Amendment) Act, 2010(Act
no. XXVII of 2010).
377
Clause (e) was omitted by section 3 of the Income tax (Amendment) Act, 2010(Act
no. XXVII of 2010).
378
Clause (f) was omitted by section 27 of a i, 2004 (2004  16  i)

The Explanation was inserted by section 6 of a i, 1994 (1994

379
 11 
i)
380
The words “Bangladesh Development Bank.” was substituted for the words
“Bangladesh Shilpa Bank and the Bangladesh Shilpa Rin Sangshta” section 3 of the
Income tax (Amendment) Act, 2010(Act no. XXVII of 2010).
381
Section 53I was inserted by section 20 of the Finance Ordinance, 2008 (Ord. No. 33 of
2008).
382
First proviso was omitted by section 50 of the Finance Act,2010(Act No.XXXIII of
2010).
383
The word “further” was omitted by section 50 of the Finance Act,2010(Act
No.XXXIII of 2010).
384
Section (53J) was inserted by section 20 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
385
Section (53k) was inserted by section 20 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
386
Section (53L) was inserted by section 51 of the Finance Act,2010(Act No.XXXIII of
2010).
387
Section 54 was substituted by section 7 of a i, 1991 (1991  21  i)
388
The words “a non-resident other than non-resident Bangladeshi” were substituted for
the words “a non-resident” by section 21 of the Finance Act,2009(Act No.X of

Income-tax Ordinance, 1984 Page 215

2009)(with effect from 1st July 2008).
389
The words “a resident or a non-resident Bangladeshi” were substituted for the words
“a resident” by section 21 of the Finance Act,2009(Act No.X of 2009)(with effect from
1st July 2008).

Sub-section (2) was substituted by section 27 of a i, 2005 (2005

390
 16 
i)

391
The proviso was omitted by section 27 of a i, 2005 (2005  16  i)
392
The words “payable on the amount at the rate of twenty-five per cent” 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 a i, 1994
(1994  11  i)
393
Clause (b) was substituted for the clause b by section 22 of the Finance Act,2009(Act
No.X of 2009)(with effect from 1st July 2008).
394
Clause (c) was inserted by section 22 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
395
The words “the National Board of Revenue” were substituted for the words “the
Deputy Commissioner of Taxes” by section 58 of a i, 2001 (2001  30 
i)

The words “its belief” were substituted for the words “his belief” by section 58 of a
396

i, 2001 (2001  30  i)

397
The existing provision of section 57 was numbered as sub-section (1) of that section
by section 6 of ar i, 1995 (1995  12  i)
398
Sub-section (2) was substituted by section 23 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).

The third proviso was omitted by section 7 of a i, 1993 (1993
399
 18 
i)
400
Section (62A) was inserted by section 28 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
401
The words “four lakh taka” were substituted for the words “three lakh taka” by section
52 of the Finance Act,2010(Act No.XXXIII of 2010).

Income-tax Ordinance, 1984 Page 216

402
The words “excluding gain from transfer of share of a company listed with a stock
exchange” was inserted after word and mark “Capital gains” by section 52 of the Finance
Act,2010(Act No.XXXIII of 2010).
403
The colon (:) was substituted for the full stop (.) and therafter the proviso was added
by section of the Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)
404
The words “four lakh taka” were substituted for the words “three lakh taka” by section
41 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
405
The words “ten per cent” were substituted for the words “twelve per cent” by section 6
of a i, 1994 (1994  11  i)
406
The 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 a i,
1998 (1998  14  i)
407
The words “first day of July” were substituted for the words “first day of April” by
section 5 of a i, 1997 (1997  15  i)
408
The words “ten per cent” were substituted for the words “twelve per cent” by section 6
of a i, 1994 (1994  11  i)
409
The words “seventy-five per cent of the assessed tax” were substituted for the words
“the assessed tax” by section 8 of a i, 1992 (1992  21  i)
410
The words “first day of April” were substituted for the words “first day of July” by
section 54 of the Finance Act,2010(Act No.XXXIII of 2010).
411
The words “first day of April” were substituted for the words “first day of July” by
section 54 of the Finance Act,2010(Act No.XXXIII of 2010).
412
The words, numbers, commas and brackets “section 75, 77,78,89(2), 91(3) or 93(1)”
were substituted for the word and number “section 75” by section 29 of the Finance
Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
413
The words, commas and letters “pay the amount of tax payable by him on the basis of
such return or tax liabilities calculated, to whom it is applicable, as per the provision of
section 16CC of this Ordinance” were substituted by the words “pay the amount of tax
payable by him on the basis of such return” by section 42 of the Finance Act,2009(Act
No.IX of 2009)(with effect from 1st July 2007).
414
The words, commas and letters “or tax liabilities calculated, to whom it is applicable,
as per the provision of section 16CC of this Ordinance” were omitted by section 24 of the

Income-tax Ordinance, 1984 Page 217

Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
415
The words “three years” were substituted for the words “five years” by section 4 of
a i, 1996 (1996  18  i)
416
The colon (:) was substituted for the full stop (.) and the proviso was added by section
6 of a i, 1999 (1999  16  i)

Sub-section (1A) was substituted by section 27 of a i, 2003 (2003

417
 17 
i)

418
Sub-clause (iv) was added by section 6 of a i, 1999 (1999  16  i)
419
The semi-colon (;) was substituted for the full-stop (.) and clause (g) was inserted by
section 28 of a i, 2004 (2004  16  i)

Sub-section (1B) was inserted by section 61 of a i, 2001 (2001

420
 30 
i)
421
The brackets, figures, comma and word “(1), (1A) and (1B)” were substituted for the
brackets, figures and word “(1) and (1A)” by section 61 of a i, 2001 (2001 
30  i)
422
Sub-clause (ii) of clause C of sub-section (2) was substituted by section 25 of the
Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
423
Clause (d) was substituted by section 49 of a i, 2002 (2002  14  i)

Sub-clause (i) was substituted by section 28 of a i, 2004 (2004

424
 16 
i)
425
The words “where the total income in the income year exceeds three lakh taka” were
omitted by section 28 of a i, 2005 (2005  16  i)

426
The proviso was substituted by section 49 of a i, 2002 (2002  14  i)

427
Full-stop(.) was substituted for colon(:) at the end of first proviso and thereafter
second proviso was omitted by section 55 of the Finance Act,2010(Act No.XXXIII of
2010).
428
Sub-section (1) was substituted by section 62 of a i, 2001 (2001  30 

Income-tax Ordinance, 1984 Page 218

i)
429
The words “twenty-one days” were substituted for the words “thirty days” by section
8 of a i, 1992 (1992  21  i)
430
The words and comma “such accounts, statements and documents” were inserted by
section 50 of a i, 2002 (2002  14  i)
431
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 a i, 1997 (1997  15 
i)
432
The word “statements” was substituted for the words “a statement” by section 29 of
a i, 2005 (2005  16  i)
433
The semi-colon (;) was substituted for the full stop (.) and thereafter the clause (d) was
inserted by section 29 of a i, 2005 (2005  16  i)

The word “statements” was substituted for the word “statement” by section 29 of a
434

i, 2005 (2005  16  i)

435
Section (82) was substituted by section 26 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
436
The existing provision of section 82 was renumbered as sub-section (1) by section 70
of a i, 2000 (2000  15  i)

437
Sections 82A and 82B were inserted by section 6 of a i, 1995 (1995  12
 i)
438
The words and comma “on the basis of such assessment, and communicate the
assessment order to the assessee within thirty days next following” were substituted for
the words “on the basis of such assessment” by section 4 of a i, 1996 (1996
 18  i)

439
Clause (b) was substituted by section 4 of a i, 1996 (1996  18  i)

Clause (25) was substituted by section 7 of a i, 1993 (1993

440
 18 
i)

Income-tax Ordinance, 1984 Page 219

441
Section (82B) was omitted by section 27 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).

Sub-section (1) was substituted by section 29 of a i, 2004 (2004

442
 16 
i)
443
The words, comma and figure `other than under the proviso of section 82, under
section 83A or 83AA` was omitted by section 28 of the Finance Ordinance, 2008 (Ord.
No. 33 of 2008).
444
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).
445
Section 82C was inserted by section 6 of a i, 1998 (1998  14  i)
446
Clauses (ba), (bb) and (bc) were added by section 57 of the Finance Act,2010(Act
No.XXXIII of 2010).
447
Clause (c) was omitted by section 57 of the Finance Act,2010(Act No.XXXIII of
2010).

The word “and” was omitted by section 6 of a i, 1999 (1999
448
 16 
i)

Clauses (e) and (f) were omitted by section 71 of a i, 2000 (2000
449
 15 
i)

450
Clauses (g), (h), (i), (j), (k), (l) and (m) were inserted by section 71 of a i, 2000
(2000  15  i) 5

451
Clause (g) was omitted by section 52 of a i, 2002 (2002  14  i)

452
Clause (la) was substituted by section 30 of a i, 2004 (2004  16  i)

453
Clause (lb) was inserted by section 30 of a i, 2004 (2004  16  i)
454
The semi-colon (;) was substituted for the full stop (.) and thereafter the clauses (lc),
(ld) and (le) were inserted by section 31 of a i, 2005 (2005  16  i)
455
The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (lf) and
(lg) were inserted by section 23 of a i, 2006 (2006  22  i)

Income-tax Ordinance, 1984 Page 220

456
Clause (lg) was omitted by section 31 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
457
Clause (m) was omitted by section 63 of a i, 2001 (2001  30  i)
458
Clauses (n) and (o) were added by section 33 of the Finance Act,2009(Act No.XXXVI
of 2009)(with effect from 1st July 2009).
459
The proviso was substituted by section 71 of a i, 2000 (2000  15  i)

460
Clause (iii) was omitted by section 52 of a i, 2002 (2002  14  i)
461
The words and figures “’the amount of compensation against acquisition of property
under section 52C, the premium received from raising of share at a premium over face
value under section 53L, income derived from transfer of securities or mutual fund units
by sponsor shareholders of a company etc. under section 53M,” was inserted after the
words, figure and comma “under section 52B,” by section 57 of the Finance
Act,2010(Act No.XXXIII of 2010).
462
The 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 a i,
1999 (1999  16  i)
463
The words, figure and comma “interest on savings instruments under section 52D,”
was omitted by section 57 of the Finance Act,2010(Act No.XXXIII of 2010).
464
The 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 a i, 2000 (2000  15  i)
465
The words, figure, letter and comma “interest under section 53F,” were omitted by
section 52 of a i, 2002 (2002  14  i)
466
The 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 a i, 2004
(2004  16  i)
467
The words, commas and figures “clearing and forwarding under section 52AAA,

Income-tax Ordinance, 1984 Page 221

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 a i, 2005 (2005
 16  i)
468
The comma, words, figures and letters “, courier business of non-resident under
section 53CC, export cash subsidy under section 53DD” were inserted by section 23 of
a i, 2006 (2006  22  i)
469
The words and letters “export of certain items under section 53BB and salaries of a
foreign technician serving in a diamond cauutin industry under section 52O.” were
substituted for the words and letters “export cash subsidy under section 53DD” by section
31 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
470
The words, figure and letter “and commission or discount under section 52J” were
omitted by section 63 of a i, 2001 (2001  30  i)

471
Section 82D was inserted by section 6 of a i, 1999 (1999  16  i)

472
Section 83 was substituted by section 6 of a i, 1998 (1998  14  i)

473
Clause (25A) was inserted by section 15 of a i, 2003 (2003  17  i)
474
Section (83A) was omitted by section 29 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
475
The words and comma “a portion, not exceeding twenty per cent” were omitted by
section 31 of a i, 2004 (2004  16  i)

Clause (25AA) was inserted by section 11 of a i, 2004 (2004

476
 16 
i)
477
Section (83AA) was omitted by section 29 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
478
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 a i, 1998 (1998  14  i)

Section 83AAA was inserted by section 73 of a i, 2000 (2000

479
 15 
i)

Income-tax Ordinance, 1984 Page 222

480
Section 84 was substituted by section 55 of a i, 2002 (2002  14  i)

481
Clause (dd) was inserted by section 27 of a i, 2002 (2002  14  i)

482
Clause (a) was omitted by section 6 of a i, 1995 (1995  12  i)
483
The words “a firm” were substituted for the words “an unregistered firm” by section 6
of a i, 1995 (1995  12  i)

The word “income” was substituted for the word “tax” by section 6 of a i,
484

1995 (1995  12  i)

485
The words “and he has obtained” were substituted for the words “or he has obtained”
by section 6 of a i, 1995 (1995  12  i)
486
The words “five years” were substituted for the words “eight years” by section 6 of
a i, 1995 (1995  12  i)
487
The words, commas and numbers “sections 120, 121A, 156 or 159” were substituted
for the words, numbers and comma “sections 120, 156 or 159” by section 32 of the
Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
488
The words “five years” were substituted for the words “eight years” by section 6 of
a i, 1995 (1995  12  i)

Sub-section (1) was substituted by section 33 of a i, 2004 (2004

489
 16 
i)

490
Section (1A) was inserted by section 30 of a i, 2003 (2003  17  i)

491
The words, brackets and figures “sub-section (3) of section 82BB” were substituted
for the words, brackets and figures “sub-section (2) of secion 82B, sub-section (3) of
section 82BB or sub-section (2) of 83A” by section 31 of the Finance Act,2009(Act No.X
of 2009)(with effect from 1st July 2008).
492
Full-stop was substituted for the semi-colon by section 58 of the Finance
Act,2010(Act No.XXXIII of 2010).
493
The word “or” and clause (b) were omitted by section 58 of the Finance Act,2010(Act
No.XXXIII of 2010).
494
The words “two years” were substituted for the words “four years” by section 6 of a

Income-tax Ordinance, 1984 Page 223

i, 1995 (1995  12  i)

The words “one year” were substituted for the words “two years” by section 6 of a
495

i, 1995 (1995  12  i)

496
The figure, letter and comma “152E,” were omitted by section 56 of a i, 2002
(2002  14  i)
497
The words “shall be made within thirty days” were substituted for the words “ may be
made within sixty days” by section 56 of a i, 2002 (2002  14  i)
498
The 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 a i, 1992 (1992  21  i)
499
The words “and communicate such revised order to the assessee within thirty days
next following” were inserted by section 7 of a i, 1993 (1993  18  i)
500
The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added
by section 33 of a i, 2004 (2004  16  i)
501
The words, figures and commas “sections 120, 121A, 156, 159, 161 or 162” were
substituted for the words, figures and commas “sections 120, 156, 159,161 or 162” by
section 33 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July
2009).
502
The words, figures and commas “sections 120, 121A, 156, 159, 161 or 162” were
substituted for the words, figures and commas “sections 120, 156, 159,161 or 162” by
section 33 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July
2009).

Sub-clause (iiia) was inserted by section 27 of a i, 2002 (2002
 14 
503

i)
504
The words, commas, brackets and figures “the Companies Act, 1913 (VII of 1913) or

m i, 1994 (1994  18  i)” were substituted for the words, comma,
brackets and figures “the Companies Act, 1913 (VII of 1913)” by section 6 of a i,
1999 (1999  16  i)

Section 102 was substituted by section 12 of a i, 1989 (1989

505
 36 
i)
506
The words “Commissioner of Customs” were substituted for the words “Collector of

Income-tax Ordinance, 1984 Page 224

Customs” by section 6 of a i, 1999 (1999  16  i)

507
Sub-clause (iv) was omitted by section 6 of a i, 1999 (1999  16  i)

508
Section 103A was inserted by section of a i, 1989 (1989  36  i)
509
The words, commas, figures and brackets “the Gift-tax Act, 1963 (XIV of 1963) or
*  i, 1990 (1990  44  i)` were substituted for the words, comma,
figures and brackets “the Gift-tax Act, 1963 (XIV of 1963)” by section 6 of a i,
1999 (1999  16  i)
510
The 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)
511
The words “and includes a person appointed to hold current charge of an Extra
Assistant Commissioner of Taxes” were added by section 6 of a i, 1999 (1999
 16  i)
512
Commas and words “, the Director General, Central Intelligence Cell, and by any
other officer, without the approval of the board” were omitted by section 45 of the
Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).

The words and comma “Senior Commissioner, the” were omitted by section 6 of a
513

i, 1995 (1995  12  i)

514
The words “Directors-General of Inspection” were substituted for the words “Director
of Inspection” by section 7 of a i, 1993 (1993  18  i)
515
The words and commas “the Commissioner, the Director General, Central Intelligence
Cell,” were substituted for the words “the Commissioner” by section 35 of a i,
2004 (2004  16  i)

The words and comma “the Senior Commissioner,” were omitted by section 6 of a
516

i, 1995 (1995  12  i)

517
The words “Directors-General of Inspection” were substituted for the words “Director
of Inspection” by section 7 of a i, 1993 (1993  18  i)
518
The words and commas “the Commissioner, the Director General, Central Intelligence
Cell,” were substituted for the words “the Commissioner” by section 35 of a i,
2004 (2004  16  i)

Income-tax Ordinance, 1984 Page 225

519
The words and commas “the Commissioner, the Director General, Central Intelligence
Cell,” were substituted for the words “the Commissioner” by section 35 of a i,
2004 (2004  16  i)

520
The words “Senior Commissioner or” were omitted by section 6 of a i, 1995
(1995  12  i)

The words “the Senior Commissioner or” were omitted by section 6 of a i,
521

1995 (1995  12  i)

522
The words “Directors-General of Inspection” were substituted for the words “Director
of Inspection” by section 7 of a i, 1993 (1993  18  i)
523
The words and commas “the Commissioner, the Director General, Central Intelligence
Cell,” were substituted for the words “the Commissioner” by section 36 of a i,
2004 (2004  16  i)

524
The words and comma “or electronic records and systems,” were inserted by section
59 of the Finance Act,2010(Act No.XXXIII of 2010).
525
The words and comma “or electronic records and systems,” were inserted by section
59 of the Finance Act,2010(Act No.XXXIII of 2010).
526
The words and comma “electronic records and systems,” were inserted by section 59
of the Finance Act,2010(Act No.XXXIII of 2010).
527
The words and comma “electronic records and systems,” were inserted by section 59
of the Finance Act,2010(Act No.XXXIII of 2010).
528
The words and comma “electronic records and systems,” were inserted by section 59
of the Finance Act,2010(Act No.XXXIII of 2010).
529
The words and comma “electronic records and systems,” were inserted by section 59
of the Finance Act,2010(Act No.XXXIII of 2010).
530
Colon(:) was substituted for the full-stop at the end of sub-section(4) and thereafter
proviso was added by section 46 of the Finance Act,2009(Act No.IX of 2009)(with effect
from 1st July 2007).
531
The words and comma “electronic records and systems,” were inserted by section 59
of the Finance Act,2010(Act No.XXXIII of 2010).
532
The words and comma “electronic records and systems,” were inserted by section 59

Income-tax Ordinance, 1984 Page 226

of the Finance Act,2010(Act No.XXXIII of 2010).
533
The words and commas “the books of accounts, documents, electronic records and
systems” were substituted for the words “the books of accounts and documents” by
section 59 of the Finance Act,2010(Act No.XXXIII of 2010).
534
The words and comma “or electronic records and systems” were inserted by section
59 of the Finance Act,2010(Act No.XXXIII of 2010).
535
The words and comma “or electronic records and systems” were inserted by section
59 of the Finance Act,2010(Act No.XXXIII of 2010).

The words “the Senior Commissioner or” were omitted by section 6 of a i,
536

1995 (1995  12  i)

The words “the Senior Commissioner or” were omitted by section 6 of a i,
537

1995 (1995  12  i)

538
The words and comma “electronic records and systems,” were inserted by section 59
of the Finance Act,2010(Act No.XXXIII of 2010).
539
The words and comma “or electronic records and systems” were inserted by section
59 of the Finance Act,2010(Act No.XXXIII of 2010).
540
Section 117A was inserted by section 32 of a i, 2003 (2003  17  i)

The words “the Senior Commissioner or” were omitted by section 6 of a i,
541

1995 (1995  12  i)

542
The words “Directors-General of Inspection” were substituted for the words “Director
of Inspection” by section 7 of a i, 1993 (1993  18  i)

543
Clause (30) was substituted by section 53 of a i, 2000 (2000  15  i)
544
Section 121 was omitted by section 47 of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
545
The words “sixty days” were substituted for the words “ninety days” by section 24 of
a i, 2006 (2006  22  i)
546
Section 121A was added by section 34 of the Finance Act,2009(Act No.XXXVI of
2009)(with effect from 1st July 2009).
547
The words and commas “the Director General, Central Intelligence Cell,” were

Income-tax Ordinance, 1984 Page 227

inserted after the words and commas “the Commissioner,” by section 60 of the Finance
Act,2010(Act No.XXXIII of 2010).
548
Section 124 was substituted by section 37 of a i, 2004 (2004  16  i)
549
The words “taka one thousand” were substituted for the words “taka two thousand five
hundred” by section 48 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st
July 2007).
550
The words “taka fifty” were substituted for the words “taka two hundred and fifty” by
section 48 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
551
The word “or” was substituted for comma(,) by section 48 of the Finance
Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
552
The word and figure `or 113` were omitted by section 48 of the Finance Act,2009(Act
No.IX of 2009)(with effect from 1st July 2007).
553
Colon (:) was substituted for the full-stop at the end of sub-section (2) and thereafter
new proviso was added by section 48 of the Finance Act, 2009(Act No.IX of 2009)(with
effect from 1st July 2007).
554
Section 124A was inserted by section 61 of the Finance Act,2010(Act No.XXXIII of
2010).
555
The words, figures and brackets “under sub-section (1) or (2) of section 83” were
substituted for the figure “83” by section 7 of a i, 1991 (1991  21  i)
556
The comma words and brackets “, the Commissioner (Appeals)” were inserted by
section 8 of a i, 1990 (1990  45  i)
557
The words “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 Act,2009(Act
No.X of 2009)(with effect from 1st July 2008).
558
The colon (:) was substituted for the full stop (.) and thereafter the proviso was added
by section 6 of a i, 1999 (1999  16  i)
559
Proviso was substituted by section 32 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
560
The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was
added by section 27 of a i, 2002 (2002  14  i)

Income-tax Ordinance, 1984 Page 228

561
The full stop (.) was substituted for the colon (:) and the proviso was omitted by
section 6 of a i, 1999 (1999  16  i)
562
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)

Sub-section (1A) was inserted by section 74 of a i, 2000 (2000

563
 15 
i)
564
The words, numbers 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
Act,2009(Act No.X of 2009)(with effect from 1st July 2008).
565
Sub-sections (1B) and (1C) were inserted by section 59 of a i, 2002 (2002 
14  i)
566
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 a i,
1995 (1995  12  i)
567
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 a i, 1999 (1999  16  i)

568
Sub-section (2) was substituted by section 34 of the Finance Act,2009(Act No.X of
2009)(with effect from 1st July 2008).
569
Section 142A was inserted by section 7 of a i, 1993 (1993  18  i)
570
The 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 a i, 1999 (1999  16
 i)
571
The 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 a i, 1999 (1999
 16  i)

Sub-section (1A) was inserted by section 6 of a i, 1999 (1999

572
 16 
i)

Income-tax Ordinance, 1984 Page 229

573
The words “any money or goods” were substituted for the words “any money” by
section 6 of a i, 1999 (1999  16  i)
574
The words “any money or goods” were substituted for the words “any money” by
section 6 of a i, 1999 (1999  16  i)
575
The 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 a i, 1995 (1995  12  i)
576
The 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 a
i, 1992 (1992  21  i)
577
The words “within sixty days” were substituted for the words “within thirty days” by
section 4 of a i, 1996 (1996  18  i)
578
The words and figures “under sections 146 and 147” were substituted for the words
and commas “under this Chapter” by section 5 of a i, 1997 (1997  15 
i)

The words “relevant assessment order or” were omitted by section 6 of a i,
579

1995 (1995  12  i)

580
The 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 a i, 1996 (1996  18  i)

581
The words “seven and a half per cent” were substituted for the words “ten per cent” by
section 6 of a i, 1995 (1995  12  i)
582
The 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 a
i, 1992 (1992  21  i)
583
The 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)
584
The words “an Inspecting Additional Commissioner of Taxes” were substituted for the
words “a Senior Inspecting Joint Commissioner of Taxes” by section 7 of a i,

Income-tax Ordinance, 1984 Page 230

1991 (1991  21  i)
585
The words and commas “assessee, not being a company, aggrieved” were substituted
for the words “assessee aggrieved” by section 8 of a i, 1990 (1990  45 
i)

586
Clause (e) was substituted by section 8 of a i, 1990 (1990  45  i)
587
The words and figures “124, 125, 126, 127 or 137” were substituted for the words and
figures “89, 124 or 137” by section 7 of a i, 1991 (1991  21  i)

588
The comma and figure “,128” was inserted by section 6 of a i, 1995 (1995
 12  i)

589
Sub-sections (1A), (1B) and (1C) were inserted by section 8 of a i, 1990
(1990  45  i)

The words “any assessee aggrieved by any order” were inserted by section 7 of a
590

i, 1993 (1993  18  i)

591
The words and figure “or section 137” were inserted by section 7 of a i, 1991
(1991  21  i)

Sub-section (3) was substituted by section 75 of a i, 2000 (2000

592
 15 
i)
593
The words “two hundred taka” were substituted for the words “one hundred taka” by
section 7 of a i, 1993 (1993  18  i)
594
The words “forty five days” were substituted for the words “sixty days” by section 25
of a i, 2006 (2006  22  i)
595
The words commas and brackets “or the Commission (Appeals), as the case may be,”
were inserted by section 8 of a i, 1990 (1990  45  i)
596
The words “and also a person appointed to hold current charge of an Inspecting Joint
Commissioner of Taxes” were added by section 6 of a i, 1999 (1999  16 
i)
597
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)

Income-tax Ordinance, 1984 Page 231

598
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
599
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
600
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
601
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)

602
Clause (45) was substituted by section 8 of a i, 2006 (2006  22  i)
603
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
604
The proviso was added by section 6 of the Finance Act, 1994 (Act No. XI of 1994)
605
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
606
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
607
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
608
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
609
The words “within thirty days of the passing of such order” were inserted by section 6
of a i, 1994 (1994  11  i)
610
The words “thirty days” were substituted for the words “fifteen days” by section 49 of
the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
611
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
612
The words “one hundred and fifty days from the end of the month” were substituted
for the words “ninety days from the end of the month” by section 35 of the Finance
Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).

Income-tax Ordinance, 1984 Page 232

613
The words “one hundred and fifty days from the end of the month” were substituted
for the words “ninety days from the end of the month” by section 35 of the Finance
Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
614
The words, brackets and commas “or the Commissioner (Appeals), as the case may
be,” were inserted by section 8 of a i, 1990 (1990  45  i)

Clauses (b) and (c) were omitted by section 8 of a i, 1990 (1990
615
 45 
i)

Sub-section (2) was substituted by section 39 of a i, 2004 (2004

616
 16 
i)
617
The words “five percent” were substituted for the words “ten percent” by section 36 of
the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
618
The full-stop(.) was substituted for colon(:) and the proviso was omitted by section 50
of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).

Sub-section (2A) was inserted by section 33 of a i, 2003 (2003

619
 17 
i)
620
The words “with the prior approval of the Commissioner of Taxes” were substituted
for the words “with the prior approval of the Board” by section 35 of the Finance
Act,2009(Act No.X of 2009)(with effect from 1st July 2008).

Sub-section (4) was substituted by section 6 of a i, 1999 (1999

621
 16 
i)
622
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 a i, 2003
(2003  17  i)

The words, figure and bracket “or sub-section (3)” were omitted by section 63 of a
623

i, 2002 (2002  14  i)

624
The 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 a i, 2003
(2003  17  i)
625
The words, bracket, figure and comma “except in the case of an appeal under sub-
section (3),” were omitted for the words “and shall” by section 63 of a i, 2002

Income-tax Ordinance, 1984 Page 233

(2002  14  i)
626
The words “one thousand” were substituted for the words “five hundred” by section
50 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
627
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 a i, 1997 (1997  40  i)
628
The words “thirty days” were substituted for the words “fifteen days” by section 51 of
the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
629
Sub-section (6) was inserted by section 7 of a i, 1991 (1991   21  i)
630
The words “six months” were substituted for the words “four months” by section 51
of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
631
The words `six months` were substituted for the words `four months` by section 51 of
the Finance Ordinance, 2007 (Ord. No. 10 of 2007).
632
The proviso was added by section 6 of a i, 1998 (1998  14  i)
633
The colon (:) was substituted for the full stop (.) and thereafter the proviso was added
by section 6 of a i, 1999 (1999  16  i)
634
The colon (:) was substituted for the full stop (.) and thereafter the provisos were
inserted by section 64 of a i, 2002 (2002  14  i)
635
The words “within ninety days” were substituted for the words “within sixty days” by
section 6 of a i, 1999 (1999  16  i)
636
The words “two thousand taka” were substituted for the words “one hundred taka” by
section 65 of a i, 2002 (2002  14  i)
637
Colon(:) was substituted for the full-stop at the end and thereafter provisos were added
by section 37 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July
2009).
638
The provisos were omitted by section 6 of a i, 1995 (1995  12  i)
639
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8
of a i, 1990 (1990  45  i)
640
The words and brackets “or the Commissioner (Appeals)” were inserted by section 8

Income-tax Ordinance, 1984 Page 234

of a i, 1990 (1990  45  i)
641
The comma, words and brackets “, the Commissioner (Appeals)” were inserted by
section 8 of a i, 1990 (1990  45  i)
642
The colon (:) was substituted for the full stop (.) and thereafter the proviso was added
by section 5 of a i, 1990 (1990  45  i)

643
The provisos were omitted by section 6 of Aa i, 1995 (1995  12  i)

644
Clause (m) was substituted by section 6 of a i, 1999 (1999  16  i)

645
The word “or” was omitted by section 6 of a i, 1994 (1994  11  i)
646
The semi-colon and the word “; or” were substituted for the full-stop (.) and thereafter
sub-clause (r) was added by section 6 of a i, 1994 (1994  11  i)

647
The words “or collect” were inserted by section of a i, 1989 (1989  36
 i)

648
Clause (53) was omitted by section 6 of a i, 1995 (1995  12  i)

The words “but shall not be less than three months” were inserted by section 6 of a
649

i, 1999 (1999  16  i)

650
The words “and which he either knows or believes to be false or does not believe to be
true” were omitted by section 6 of a i, 1999 (1999  16  i)
651
The semi-colon (;) was substituted for the full stop and thereafter clause (c) was
inserted by section 7 of a i, 1993 (1993  18  i)
652
The semi-colon (;) was substituted for the full stop (.) and thereafter clause (d) was
added by section 6 of a i, 1999 (1999  16  i)
653
Section 165A was inserted by section 62 of the Finance Act,2010(Act No.XXXIII of
2010).

The words “but shall not be less than three months” were inserted by section 6 of a
654

i, 1999 (1999  16  i)

655
The words “The Board may” were substituted for the words “The Commissioner may”
by section 36 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July

Income-tax Ordinance, 1984 Page 235

2008).
656
Section 173A was inserted by section 8 of a i, 1987 (1987  27  i)

657
Clause (c) was omitted by section 7 of a i, 1993 (1993  18  i)
658
The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added
by section 27 of a i, 2006 (2006  22  i)

The word “Board” was substituted for the word “Commissioner” by section 8 of a
659

i, 1992 (1992  21  i)

660
The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was
inserted by section 8 of a i, 1988 (1988  33  i)

661
Second and third provisos were omitted by section 8 of a i, 1992 (1992 
21  i)

662
The provisos were inserted by section 7 of a i, 1993 (1993  18  i)
663
The words “either by registered post or” were substituted for the words “either by post
or” by section 5 of a i, 1997 (1997  15  i)
664
The words “with acknowledgement due” were omitted by section 52 of the Finance
Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
665
The full stop (.) was substituted for the colon (:) and the proviso was omitted by
section 7 of a i, 1993 (1993  18  i)

The Explanation was omitted by section 7 of a i, 1993 (1993

666
 18 
i)

The Explanation was added by section 7 of a i, 1993 (1993

667
 18 
i)

Sub-clause (e) was added by section 6 of the a i, 1999 (1999
668
 16 
i)

Section 184A was substituted by section 5 of a i, 1997 (1997

669
 15 
i)
670
The words “tax-payer’s identification number” were substituted for the words “tax

Income-tax Ordinance, 1984 Page 236

identification number” by section 6 of a i, 1998 (1998  14  i)

671
Clause (aa) was inserted by section 6 of a i, 1998 (1998  14  i)
672
The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (d) was
added by section 6 of a i, 1999 (1999  16  i)

673
Clause (d) was substituted by section 41 of a i, 2004 (2004  16  i)
674
The semi-colon (;) was substituted for the full stop (.) and thereafter clauses (e), (f)
and (g) were added by section 77 of a i, 2000 (2000  15  i)

Clauses (f) and (ff) were substituted for former clause (f) by section 66 of a i,
675

2002 (2002  14  i)

The comma and words “, change of ownership” were inserted by section 65 of a
676

i, 2001 (2001  30  i)

677
The semi-colon was substituted for the full stop (.) and thereafter clause (h) was added
by section 66 of a i, 2002 (2002  14  i)
678
The 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).
679
Clauses (k), (l) and (m) were substituted for the former clauses (k) and (l) by section
41 of a i, 2004 (2004  16  i)
680
Semi-colon(;) was substituted for the full-stop and thereafter clasuse (n) was added by
section 53 of Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).
681
Semi-colon(;) was added at the end of clause(n) and thereafter clauses (o) and (p)
were added by section 38 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect
from 1st July 2009).
682
Semi-colon(;) was substituted for the full-stop at the end of clause (p) and thereafter
clauses (q),(r) and (s) were added by section 63 of the Finance Act,2010(Act No.XXXIII
of 2010).

Section 184AA was inserted by section 78 of a i, 2000 (2000

683
 15 
i)

684
Section 184B was added by section 7 of a i, 1993 (1993  18  i)

Income-tax Ordinance, 1984 Page 237

685
The words “or any person who applies for tax payer’s identification number” were
inserted by section 66 of Aa i, 2001 (2001  30  i)
686
Commas and words “, on payment of tax, be given a tax-payer`s identification number
in such manner as may be prescribed.” Were added by section 39 of the Finance
Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).
687
Colon was substituted for the full-stop and thereafter a proviso was added by section
84 of the Finance Act,2010(Act No.XXXIII of 2010).

Section 184BB was inserted by section 67 of a i, 2001 (2001

688
 30 
i)
689
Section 184BBB was inserted by section 54 of the Finance Act,2009(Act No.IX of
2009)(with effect from 1st July 2007).
690
Section 184C was inserted by section 6 of a i, 1999 (1999  16  i)
691
The word “assessed” was substituted for the words and commas “assessed, by the
thirty first day of December, every year” by section 79 of a i, 2000 (2000  15
 i)
692
Section 184D was substituted by section 65 of the Finance Act,2010(Act No.XXXIII
of 2010).
693
Section 184E was added by section 66 of the Finance Act,2010(Act No.XXXIII of
2010).
694
The colon (:) was substituted for the full stop (.) and thereafter the proviso was added
by section 6 of a i, 1998 (1998  14  i)

The End

This version of The Income-tax Ordinance, 1984 is provided by Doulah & Doulah
without any obligation. Established in 1965 Doulah & Doulah is a Partnership Law Firm
under registration number 27074. The firm has top-ranked transactional capabilities
complemented by a strong litigation practice with a large client-base including over fifty
of the Fotune 500 companies.

Income-tax Ordinance, 1984 Page 238