Income Tax Ordinance 1984 - Amended Upto July 2022

Income Tax Manual
Part-I
The Income Tax Ordinance, 1984
(As amended up to July 2022)
Compiled by: Masum Gazi
In association with: Mahmudul Hasan

About this book:
Omitted sections and sub-sections are presented in red colou r and changes made
by the Finance Act, 2022 are in green colour.
Dlsclatmer: If any context of this book makes contradiction with any official
publication of the National Board of Revenue (NBR), the said context shall be
prevailed.
i\.lasum Gazi
Linkedln: https://www.linkedin.com/in/masumgazi613/
Compiled by:
e-mail: masumgazi613@gmail.com
Mobile No.: +8801935-131132
Mahmudul Hasan
In association with:
Linkedln: https://www.linkedin.com/in/mahmudulhasan2107/
The Inceme Ta:r. Ordinantt, 198-t I.T. Manual (Part-I)
Table of Contents
Sectien Particulars Page No.
CHAPTER I
PRELIMINARY
I Short title and commencement 15
2 De.finitions: 15
2 > Sub-sections (01-15) 15-17
2 > Sub-sections (16-30) 17-19
2 > Sub-sections (31-45) 20-22
2 > Sub-secllom (46-60) 22-24
2 ), Sub-secllom (61-69) 24-25
CHAPTERll
ADJIUNISTRATION
3 lncomNax authorities 26
4 Appointment of income tax authorities 26
4A Delegationof powers 26
s Subordination and control of income tax authorities 27
6 Jurisdiction of income tax authorities 27
7 Exercise of jurisdiction by successor 28
8 Officers> etc. to follow instructions of the Board 28
9 Guidance to the Deputy Commissioner of Taxes, etc. 29
10 Exercise of assessment functions by the Inspecting Joint Commissioners 29
and the Inspecting Additional Commissioners
CHAPTER Ill
TAXES APPELLATE TRIBUNAL
II Establishment of Appellate Tribunal 30
12 Exercise of power of the Tribunal by Benches 30
13 Decision of Bench 30
14 Exercise of power by one member 31
IS Regulation of Procedure 31
CHAPTER IV
CHARGE OF INCOJ\IE TA-X
16 Charge of ,ncome tax 32
16A Charge of surcharge 32
16B Charge of additional tax 32
16BB Charge of additional amount, etc. 32
16BBB Charge of minimum tax 32
!6C Charges of excess profit tax 33
!6CC Chargeof miniauun tax 33
!6CCC Charge of minimum tu 33
16D Charge of dividend distribution tu: 34
16E Charge of tax on sale of share at a premium over face value 34
!6F Charge of tax on di,;dend 34
!6G Charge of tax on retained earnings, reserves, surplus etc. 34
!6H Charge of tax on the difference of investment, import and export 34
17 Scope of the total income 35
18 Income deemed to accrue or arise in Bangladesh 35
3
Compiled by: Maswn Cazi lo association with: Mahmudul Hasan
The Income Tax Ordinance, 19S4 I.T. l\fanoal (Part-I)
Stttion Particulars Pagt No.

19 Un-explained investments, etc., deemed to be income: 36
19 > Sub-sections (01-10) 36-37
19 > Sub-sections (11-20) 38-39
19 > Sub-sections (21-32) 39-42
19A Special tax treatment in respect of investmeot in new indust,y 42
19AA Special tax treatment in certain cases of investmeot 43
19AAA Special tax treatment in respect of investment in the purchase of stocks 43
and shares
19AAAA Special Tax Treatmentin respectof investment in Securities 43
19AAAAA Special Tax Treatment in respect of undisclosed propet1y, cash, etc. 43
19AAAAAA Special Tax Treatment in respect of investment in oew industri.al 46
undertakina
19B Special wt treatment in respect of investment 111 house prope,1y 46
19BB Special wt treatment in respect ofiuvestment 111 land propei1y 46
19BBB Special wt treatment regarding investment in motor vehicles 46
19BBBB Special tax treatment in respect of investment in house prope,1y 47
19BBBBB Special IA.'< treatment in respect of investment in building, apartment 47
19C Special IA.'< treatment in respect of investment in the purchase of bond 48
wider Bangladesh Infrastructure Finance Fnnd
19D Special tax treatmeot in respect of investment in the purchase of 49
Bangladesh Government Treasury Bond
19DD Special tax treatmeot in respect of investment in Economic Zone or Hi- 49
Tecb Parlcs
19E Voluntarydisclosnre of income. 49
19F Special Tax Treatment in respect of undisclosed offi;bore assets 50
19G Penalty for any offshore asset not disclosed in the return 51
CHAPTERV
COMPUTATIONOF INCOME
20 Heads of income 52
21 Salaries 52
22 Interest on securities 52
23 Deductions from interest on securities 52
24 Income from house property 53
25 Deductions from iooome from house property 53
26 Agricultural income 54
27 Deductions from agricultural income 54
28 Incomefrom business or profession 56
29 Deductions from income from business or profession 56
30 Deduction not admissible in certain circumstances 61
30A Provision for disallowance 62
30B Treatment of disallowance 63
31 Capital gains 63
3 IA Capital gains from the transfer of business or undertaking 63
32 Computation of capital gains 63
32A Computation of capital gains from the transfer of business or undertaking 67
33 Income from other sources 67
34 Deductions from income from other sources 67
4
Compiled by: Masum Gazi In association with: Mahmudul Hasan

35 Method of accounting 68
36 Allocation of income from royalties, literary works, etc. 68
37 Set off of losses 69
38 Cany forward of business losses 69
39 Cany forward of loss in speculation business 70
40 Cany forward of loss under the head "Capital gains" 70
41 Cany forward of loss under the head "Agricultural income" 70
42 Conditions and limitations of carry forwardof loss, etc. 70
43 Computation of total income 71
CHA.PTERVI
.EXL"\fl'TIONSAND ALLOWANCES
44 Exempbon 73
45 Exemption of income of an indUSb·ial undertaking 74
46 Exemption of income of a tourist industry 77
46A Exemption from tax of newly utablished industrial undenalcings, etc. in 79
certain cases
46B E.~tion from tax of newly established industrial undu!ilings set up 82
between the period of July, 2011 and June, 2019, etc. in certain cases
46BB E.'temption from tax of newly established industrial undenalcings set up 85
between the period of July, 2019 and June, 2024, etc. in certain cases
46C Exemption from tax of newly established physical infrastrocrnre facility 89
set up between the period of July, 2011 and June, 2019, etc. in certain
cases
46CC Exemption from tax of newly established physical infrastrocrnre facility 91
set up between the period of July, 2019 and June, 2024, etc. in certain
cases
47 Exemption of income of co-operative societies 93
CHAPTER VII
PAYMENT OF TAX BEFORE ASSESSi\l.E:',,
48 Deduction at SOW'Ce and advance payment of tax 95
49 Income ,ubJect to deduction at source 95
50 Deduction at sowee from salaries 97
50A Deduction at source from discount of the real value of Bangladesh Bank 98
bills
50B Deduction of tax from payment of remuneration to Memben of 98
Parliament
51 Deduction at source from interest or profit on securities 98
51A Dtoduction at source from inter-est on fixed deposits 98
52 Deduction from payment to contractors, etc. 98
52A Deduction from payment of royalties etc. JOO
52AA Deduction from the payment of certain services JOO
52AAA Collection of la.'< from clearing and forwarding agents 102
52B Collection of tax from Cigarette manufacturers 102
52C Deduction at source from compensation against. acquisition of ptopeny 102
52D Deduction at source from interest on saving instruments 102
52DD Deduction from payment to a beneficiary of workers' participation fund 103
52E Collection of tax on account of bonus 103
5
Compiled by: Masnm Gazi In association with: Mabmudul Hasan

52F Collection of tax from brick manufacturers 103
52G Deduction from fees for services rendered by doctors 103
52H Collection of taxfrom persons engaged in the real estate business 104
521 Deduction from the commission of letter of credit 104
521 Collection of tax from travel agent 104
5211 Collection of tax from travel agent 104
52K Collection of tax by City Corporation or Paurashava at the time of 105
renewal of trade license
52L Collection of tax. on account of trustee fees 105
52M Collection of lax from freight forward agency cOllllllinion 105
52N Collection of tax on accountof purchase of power 105
520 Collection of tax from a foreign technician sen,-ing in a diamond cutting 105
industry
52P Deduction of tax for services from convention hall, conference centre, 106
etc.
52Q Deductioa of Tax from any income remitted from abroad u:a counection 106
wuh any service, revenue sharing, etc.
52R Deductiee of tax from receipts in respect of international phone call 106
52S Collection of 13.."t from manufacturer of soft drink.etc. 107
52T Deduction of tax from any payment in excess of premium paid on life 107
insnrance policy
52U Deduction from payment on account of local letter of credit 107
52V Deduction from payment by cellular mobile phone operator 108
53 Collection of lax on account of import of goods 108
53A Deduction at source from house property 108
53AA Collection of tax from shipping business of a resident 109
53B Collection of lax from recruiting agents 109
53BB Deduction of lax from export proceeds of goods 109
53BBB Collection of lax from Member of Stock Exchanges 109
53BBBB Collection of lax from expert of auy goods except certain items 109
53C Collection of lax on sale price of goods or property sold by public auction 110
53CC Deduction or collectioa of tax at source from courierbusiness of a DOD· 110
resident
S3CCC Deduction or collection of tax at source from courier business of a non. 110
resident
530 Deduction from payment to actors, actresses, producers, etc. 110
5300 Deduction of tax at source from export cash subsidy 110
53000 Deduction of tax at source from export cash subsidy 111
53E Deduction or collection at source from commission, discount or fees etc. 111
53EE Deduction of tax from commission or remuneration paid to agent of 111
foreign buyer
53F Deduction at source from interest on saving deposits and fixed deposits, 111
etc.
53FF Collection of !.L'< from persons engaged in real estate or land development 112
business
53G Deduction at source from insurance commission 113
53GG Deduction at source from fees, etc. of surveyors of general insurance 113
6
Compiled by: Masum Gazi In association with: Mabmudul Hasan

company
53GGG Collection of Ill.'< on the credit bill amount of credit cards 113
53H Collection of tax on transfer,etc. of property 113
53HH Collection of tax from lease of property 114
531 Deduction at source from interest on deposit of Post Office Savings Bank 114
Account
531 Deduction at source from rental value of vacant land or plant or 114
machinery
53K Deduction of tax from advertising bill of newspaper or magazine private 114
televUioo or private radio station, etc.
53L Collection of tax from sale of share in a premium ever face value 115
53M Collection of tax from transfer of securities or murual fund units by 115
sponsor shareholden of a company etc.
53N Collection of tax from transfer of share of shareholder of Stock 115
Exchanges
530 Deduction of tu from gains of securities traded in the Stoel: Exchanges 115
53P Deduetiee of tax from any sum paid by real estate developer to land 116
owner
53Q Collection of Tax from motor vehicles plying commercially 116
53R Collection of tu from inland ships 117
54 Deduction of Ill.'< from dividends 117
55 Deduction from income from lottery, etc. 117
56 Deduction from income of non-residents 118
57 Consequences offailure to deduct, collect, etc. 119
57A Consequences of the issuance of certificateof tax deduction or collection 120
without actual deduction, collection, collection or payment
58 Certificate of deduction, etc. of tax 120
59 Payment to Government of tax deducted 121
60 Uuauthorized deduction prohibited 121
61 Power to levy tax without prejudice to other mode of recovery 121
62 Credit of tax deducted or collected at source 121
62A Procedure of deduction or collection of tax at source 121
63 Payment of tax wbere no deduction is made 122
64 Ad~-ancepayment of tax 122
65 Computation of advance tax 122
66 Installments of advance tax. 122
67 E,stim.ate of advance tax 122
68 Advance paymettt of tax by new asses sees 123
68A Ad\tance tax on certain income 123
68B Ach~ance ta., foe the owners of private motor car 123
69 Failure to pay installments of advancetu 124
70 Levy of interest for failure to pay advance tax 124
71 Credit of advance tax 124
72 Interestpayable by Government on excess payment of advance tax 124
73 Interestpayable by the assessee on deficiency in payment of advance tax 125
73A De.layInterest for not filing retum 011 or before the Tax Day 125
74 Payment of tax. on the basis of return 126
7
Compiled by: Masum Gazi In association with: Mab.mudul Hasan

CHAPTERVill
RETURN AND STATE!\IE..~
75 Retum of income 127
75A Rerum of withholding tax 129
75AA Audit of !he return of withholdingtax 129
75B Obligation to fumish Annual InformationReturn 130
75C Ccacurreat jurisdiction 130
76 Certificate in place of return 130
77 Notice for filing return 130
78 Filing of revised return 131
79 Production of accounts and docwnents, etc. 131
80 Statements of assets. hab1hties and life style 131
CHAPTER IX
ASSESS!\IENT
81 Pro,-isiooal assessment 132
82 Asseument on correct return 132
82A Assessment undttsimplifiedprocedure 132
82B AsS6sment on the basis of retwn 133
82BB Universal Self Assessment 133
82C Minimum Tu 136
82D Spot Assessment 138
83 Assessment after hearing 139
83A Self assessment 139
83AA Self-ass neat for private limited companies 140
83AAA Assessment on the basis of report of a chartered accountant 140
84 Best judgment assessment 141
84A Presumpti,·eassessment 141
85 Special previsions regarding assessment of firms 141
86 Assessment in case of change in the constitutionof a firm 142
87 Assessmentin case of constitution of new successorfitm 142
88 Assessment in case of succession to business othenvlR than on death 142
89 Assessment in case of discontinued business 143
90 Assessrnea:t in case of partition of a Hindu undivided family 143
91 Assessment in case of persons leaving BllD.gladesb 144
92 Assessment in case of income of a deceased person 145
93 Tu, etc. escaping paymeot 145
94 Lun1tabon for assessment 147
94A Appro,•al of the Board in certain assessment 147
94B Bar to q,.>6tion assessment 147
CHAPTERX
LIABILITY IN SPECIAL CASES
95 Liability of representative in certain cases 148
96 Persons to be treatedas agent 148
97 Right of representativeto recover tax paid 149
98 Liability of firm or association forunrecoverable tax due from partners or 149
members
99 Liability of partners, etc., for discontinued business of a firm, etc. 149
8

100 Liability of directors for unrecoverabletax of private companies 150
101 Liability of liquidator for tax of private companies under liquidation 150
102 Liability to tax in case of shipping business of non-resident 150
103 Adjnstmentof liability to tax in case of shipping 151
103A Liability to tax in case of air transport business of non-residents 152
CHAPTER XI
SPECIAL PROVISIONS RELATINGTO AVOIDA.i'ICE OF TAX
104 Avoidance of tax through transactions with non-residents 153
105 Avoidaooe of tax through transfer of assets 153
106 Avoidaoce of tax by transactionsin securities 154
107 Tu cleanmce certificate required for persons leaving Banglac!Hh 155
CHAPTERXIA
TRANSFER PRICING
107A Definitions IS6
1078 De1ermio.ation of income from intel'natioual transact.ion baVUJ3 regard to IS1
arm's length price
107C Computation of arm's length price 157
1070 Reference to Transfer Pricing Officer 158
107E Maintenance and lceeping of information, documents and records 159
107EE Statement of international transactions to be submitted 159
107F Report from an accountant to be furnished 159
1070 Penalty for fitilure to keep, maintain or furnish infonnation,docnments or 159
recordsto the Deputy Commissionerof Taxes
107H Penalty for fitilure to comply with the notice or requisition under section 159
107C
107HH Penalty for failure to comply with the provision of section 107EE 160
1071 Penalty for failure to furnish report under section 107£ 160
1071 Applicabilityof this Chapter 160
CHAPTER XII
REQUIREMENTOF FURNISHING CERTAIN E'iFORllATIO:-.
108 Infonnationregarding payment of salary 161
108A Infonnation regarding filling of return by employees 161
109 Jnfonnation regarding payment of interest 161
110 Jnfonnation regarding payment of dh•idend 161
CHAPTER XIII
REGISTRATION OF FIR.\IS
111 Registrationof firms 163
Chapter XIIIA
Startup Sandbox
lllA Startup sandbox 165
CHAPTER XIV
POWERS OF INCOME TA.XAUTHORITI.ES
112 Powers uader this Chapter not to prejudiceother powers 166
113 Power to call for information 166
113A Automatic furnishing of information 166
114 Powerto inspect registers of companies 167
9
Compiled by: Masom Gazi In association with: Mabmudul Hasan

115 Power of survey 167
116 Additional powers of enquiry and productionof documents 168
116A Power of giving order for not removing property 168
117 Power of search and seizure 169
117A Power to verify deduction or collection of tax 171
118 Retention of seized assets 171
119 Application of retained assets 172
120 Power of Commissioner or Inspecting Joint Commissioner to revise the 173
erroneous order
121 Revision.al power of Commissioner 173
121A Provisional power of Com.missioner 174
122 Power to take evidence on oath, etc. 174
CHAPTER XV
IMPOSITIONOF PENALTY
123 Penalty for not maintaining acccuats in the prescribed manner 176
124 Penalty for failure to file return, etc. 176
124A Penalty for using fake Tax-payer'sIdentification Numbtt 176
124AA Penalty for failure to verify Taxpayer's IdentificationNumbtt, etc. 177
125 Failure to pay advance tax, etc. 177
126 Peo.alry for non-compliance with notice 177
127 Failure to pay tax on the basis of retum 177
128 Penalty for concealment of income 177
129 Incorrectdistributionof income by registeredfirm 178
129A Penalty for incorrect or false audit report by chartered accountant 178
1298 Penalty for fumishi.ng falce audit report 179
130 Bar to imposition of penalty without hearing 179
131 Previousapproval of Inspecting Joint Commissionerfor imposing penalty 179
131A Previousapproval of the Board for imposing penalty 179
132 Orders of penalty to be sent to Deputy Commissioner of Taxes 179
133 Penalty to be without prejudice to other liability 179
133A Revisionof penalty based on the revised amount of income 179
CHAPTER A'Vl
RECOVERY OF TA..X
134 Tax to include penalty, interest, etc. 181
135 Notice of demand 181
136 Simple interest on delayed payment 182
137 Penalty for defaull in payment of tax 182
138 Certificate for recovery of tax 182
139 Method of recovery by Tax Recovery Officer 182
140 Power of withdrawal of certificate and stay of proceeding 183
141 Validity of certificate for recovery not open to dispute 183
142 Recovery of Tax through Collector of District 183
142A Recovery of tax through Special Magistrates 184
143 Other modes of recovery 184
CHAPTER XVII
DOUBLE TAXATION RELIEF
144 Agreementto avoid double taxation 187
10

145 Relief in respect of income arising outside Bangladesh 187
CHAPTER ::\'VIII
REFUNDS
146 Entitlement to refund 187
147 Claim of refund for deceased or disabled persons 187
14& Correctoess of assessment, etc., not to be questioued 187
149 Refund ou the basis of orders in appeal 187
150 Fonn of claim and limitatiou 187
151 Interest on delayed refund 187
152 Adjustment of refund against tax 187
CHAPTER XVIIIA
SETTLEl\lENT Of CASES
152A Defiwbom 188
1528 Taxes Settlement Commission 188
152C Powen and Funcbons of the Commission 188
1520 Applicatiou for Senlernent of Cases 189
152E Disposal of application by the Commission 189
CHAPTER XVIlIB
ALTER.1'1ATIVE DISPUTE RESOLUTION
152F Alternative Dispute Resolution 190
152G Commencement of ADR 190
152H Definitiou 190
1521 Application for altemative resolution of disputes 190
15211 Stay of proceeding in case of pending appeal or referenoe at Appellate 191
Tribunal or High Court Division
1521 Eligibility for applicatiou for ADR 191
152K Appointment of Facilitator and his duties and responsibilities 191
152L Rights and duties of the assessee for ADR 191
152M Nomination and responsibility of the Commissioner"s Representative in 191
ADR
152N Procedures of disposal by the Alternative Dispute Resolution 192
1520 Decision of the ADR 192
152P Effect of ag.-eement 193
152Q Limitation for appeal where agreement is oat coocluded 193
152R Post ,-eri6catiou of 1he ag.-eement 193
152$ Bar on suit or prosecution 193
CHAPTER XIX
APP.EAL AND REFERENCE
153 Appeal to appellate income tax authority 194
154 Form of appeal and limitation 194
155 Procedurein appeal before the Appe.tlate Joint Commissioner or the 195
Commissiouer(Appeals)
156 Oecisiou in appeal by the Appellate Joint Commissioner or the 195
Commissioner(Appeals)
157 Appeal against order of Tax Recovery Officer 196
158 Appeal to the Appellate Tribunal 196
159 Disposal of appeal by the Appellate Tribunal 197
11
Compiled by: MastlID Gazi In association with: Mab.mudul Hasan

160 Reference to the High Court Division 197
161 Decision of the High Court Division 199
162 Appeal to the Appellate Division 199
CHAPTER XX
PROTECTION OF 11'TORMATION
163 Statements, returns, etc. to be confidential 200
CHAPTERXXI
OFFENCES AND PROSECUTION
164 .Punishment for aoa-complience of certain obligations 202
165 Punishment for false statement. in verification, etc. 202
165A Punishmcnt for improper use of Tax-payer's Identific.ation Nwnber 202
165AA Punishmcnl for fumishing falce audit report 202
1658 Punishmenl for obs1rue1ingan income tax aulhoricy 203
165C Punishmenl for unauthorised employmenl 203
166 Punishment for concealment of income, etc. 203
166A Punishment for providing false information, etc. 203
167 Punishment for disposal of properly to prevent attachmen1 203
168 Punishment for disclosure of protected information 203
169 Sanction for prosecution 203
169A Futtber enquiry and investigation, etc. for prosecution 203
170 Power to compound offences 204
171 Trial by Special Judge 204
CHAPTER XXII
MISCELLANEOUS
172 Relief when salary, etc. is paid in arrear or advance 205
173 Correction of errors 205
173A Place of assessment 206
174 Appearance by authorised representative 206
175 Tax to be calculaied lo nearest talca 207
176 Receipts to be given 207
177 Computation of the period of limitation 207
178 Service of notice 207
178A System generated notice, order, etc. 208
1788 Electronic filing, etc. 209
179 Cata.in errors not to vitiate assessmeat, etc. 209
180 Proc:ttdio.g against companies under liquidation 209
181 Indemnity 209
182 Bar of mits and prosecution, etc. 209
183 Ordina:QC"J": to have effect pending legislative provision for charge of tax 209
184 Restriction on registration of documents 209
184A Proofof submission of return required in certain cases 211
184AA Twelve Digit Tax-Payer's identification number (TIN) in certain 212
documents, etc.
1848 Tax-payer's identification number 212
18488 Tax cellectionaccount number 212
184888 Unified Taxpayer's IdentificationNumber (UTIN) 212
1848888 Issuance of Tempcnuy Registration Number (TRN) 212
12

184C Displaying proof of submission of return 213
184CC Requirement of mentioning twelve-digit Taxpayer's Ideolification 213
Number in certain docwnents
1840 Reward to officers and employees of the Board and its subordinate 213
income tax offices
184E Assistance to income tax authorities 213
184F Ordinance to override other laws 213
184G Power to condone or extend, etc. 213
CHAPTER XXIII
RULES AND REPEAL
185 Power to make rules 215
185A Power to issue circular, clarification, etc. 215
186 Repeal and savings 215
187 Remo,'1.1 of difficulties 215
Particulars Page No.

THE FIRST SCHEDULE - PART A - APPROVED SUPERANNUATION FUND OR 217
PENSION FUND:
> Paragraphs (01-05) 217
THE FIRST SCHEDULE - PART B - RECOGNISED PROVIDENT FUNDS: 220
THE FIRST SCHEDULE - PART C -APPROVED GRATUITY FUND: 225
THE SECOND SCHEDULE - RATES OF INCOME TAX IN CERTAJN SPECIAL 227
CASES
THE lHIRD SCHEDULE - COMPUTATION OF DEPRECIATION ASSOWANCE 228
AND AMORTIZATION:
> Paragnphs (01-06) 228
> Pangnphs (07-11) 231
THE FOURTH SCHEDULE - COMPUTATION OF THE PROFITS AND GAINS OF 238
INSURANCE BUSINESS:
THE FIFTH SCHEDULE - PART A - COMPUTATION OF THE PROFITS OR GAINS 242
FROM THE EXPLORATION AND PRODUCTION OF PETROLEUM AND THE
DETERMINATION OF THE TAX THEREON
THE FIFTH SCHEDULE - PART B - COMPUTATION OF PROFITS AND GAINS 245
FROM THE EXPLORATION AND EXTRACTION OF MINERAL DEPOSITS
(OTHER THAN OIL AND OIL GAS) IN BANGLADESH
THE SIXTH SCHEDULE - PART A - EXCLUSIONS FROM TOTAL INCOME: 247
13
), Paragraphs (32A-45) 250

THE SIXTH SCHEDULE - PART B - EXEMPTIONS AND ALLOWANCES FOR 257
ASSESSEES BEING RESIDENT AND NON- RESIDENT BANGLADESHI:
), Paragraphs (01-15) 257
THE SEVENTH SCHEDULE - COMPUTATION OF RELIEF FROM INCOME TAX 260
BY WAY OF CREDIT IN RESPECT OF FOREIGN TAX
THE EIGHTH SCHEDULE - DEDUCTIONS OR COLLECTIONS OF TAX AT 262
SOURCE
(a) Corre.-pondiug Sections of Income Tax Ordinance, 1984 & Income Tax Rules, 1984 263-265
(b) Individual T.ax Rate 266-271
(c) Rate of Surcharge for an In,li\,jduaJ As.sessee 271-272
(d) Company Tu Rate 273-277
(e) Tax portion of the Fioaoce Act, 2022 278-317
(f) Important SRO, of Income Tax 318-382
14
CHAPTER I
PRELIMINARY
1. Short title and com.mtncement.-
(1) This Ordinance may be called the Income tax Ordinance, 19&4.
(2) It shall come into force on the first day of July, 19&4.
z. Definitions. -
In this Ordinance,unless there is anylhing repugnantin the subject or context, -
[(l)"Agriculturu income" means -
(a) any income derived from any land in Bangladesh and used for agµculturu purposes -
(i) by means of agµculture; or
(ii) by the perlomiance of any process ordinarily employed by a cultivator to render
marketable the produce of such land;
(iii)by the ule of the produce of the land raised by the cultivator in r.. peel of which no
proc ... , other than that to render the produce marlcetable, has been perlormed; or
(iv) by granting a right to any person to use the land for any period; or
(b) any income deri,·ed from any building which -

(i) is occupied by the cultivator of any such land as is referred to in sub-clause (a) in which
any process is carried on to render marketable any such produce as 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 bis connection with such laud;
[(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 u.ith which they merge or which is formed as a result of lhe merger as the amalgamated
company) in such a manner that by virtue of, and for reasons atttibutable to the merger, -
(•) all the proper1y of the amalgamating company or companies immediately before the merger,
becomes the property of the amalgamated company;
(b) all the liabilities of the amalgamatingcompany or companies immediately before the merger,
become the liabilities of the amalgamated company; and (
(c) where the amalgamatedcompany is a Baogladeslu company and the shareholders holdrng not
1 ... than 75•• (seventy five percent) 10 value of the sh.a.-.. m the amalgamatlllg company or
compawes (other than shares already held thereiu ommedtately before the merger by, or by a
nominee for, the amalgamated company or it> snbs1dtary) become shareholders of the
amalgamatedcompany; or] ,.., ., r.A ,.,,
(cl) where the amalgamated company is a foreign company and the shareholders holdtng not less
than 75•. (seventy fi,·e percent) in value of the shares in the amalgamatmgforeign company
or comparues that directly or indirectly holds or bold shares in a Bangladeshi 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;] w. br f.A.. 1021
[(3)"annual value" shall be deemed to be -

(a) in relationto any proper1y let out, -
(i) the sum for which property might reasonably be expected to let from year to year [and
any amonnt received by letting out furniture, fixture, fittings etc; or) 1u..,r.Am9
15
(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;
(b) in relation to any property in the occupation of the owner for purposes of his own residence, -
(i) Where me annual value as determined under sub-clause (a)(i)does not exceed taka ten
thousand, nil; and
(ii) Where the annual value so determined exceeds taka ten thousand, the amouat of such
annual value exceeding taka ten thousand or a sum equal to ten per cent of all other
incomes excluding the notional income for the residential house, whichever is the less;]
O....'Jf.A.199)
[(4)"Appellate Joint Commissioner" means a person appointed to be an Appellate Joint

Commissioner of Taxes under section 3 and includes an Appellate Additional Commissioner of
Tu.es &11d also a person appointed to hold current charge of an Appellate Joint Commissioner of
Tu.es;
[(5)"Appellate Tribunal" means the Taxes Appellate Tribunal established under section 11;
[(5A)"Approved gratuity fund" means a g,atuity fund which has been and continues to be approved
by the Board in accordance with the provisions of Pa11 C of the First Schedule;] "•"''.A.'"'
((6)"Appro,·edsuperannuation fund or a pension fund" means a superannuation fund or a pension
fund which has been and continues to be approvedby the Board in accordance with the provisions
of Part A of the Finl 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 proceedingunder this Ordinance has been taken for the
assessment of bis 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;
(aa) everyperson by whom a minimum tax is payable under this Ordinance;] "'-bf'-'- 2016
(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 ao. assessee in default, underany provision
of this Ordinance;
((8) "assessment", with its grammatical variations aod cognate expressions. includes reassessment
and additional or further assessment;
((9) "usessmenr 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 or any income fol' aoy period;
((10) "Assistant Commissioner of Taxes" means a person appointed to be an Assistant Commissioner

of Taxes under section 3;
[(11) "Bangladeshi company" means a company formed and registered under the Compauies Act,
1913 (VIl of 1913) or~~. )l!,1'8 ()l!,l!,8 >!t'r.r )t, ~ 'ffl:'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 ~ ~ 'ffl;I, ):0..) ();>lo) 'lt'l'I )8 ~ ~),
and includes any body corporate established or constituted by or under any law for the ti.me being
in force which transacts the business of banking in Bangladesh;
16
[(12A) "bank nnsfer" mcludes transfer ofmouey by crossed cheque, mobile financial services or any
other digital means approved by the Bangladesh Bank;)"''·..,.,_,.'°''
[(13) "Board" means the National Board of Revenue constitutedunder 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
natureof trade, commerceor manufacture;
((15) "capital asset" means property of any lcind held by an assessee, whether or not connected with
his business or profession, but does not include .
(a) any stock-in-lrade (not being stocks and shares), consumable stores or raw materials held for
the purposes of his business or profession; [and).U..dbJlA. 2014
(b) penona1 effects, that is to say, movable property (including wearing apparel, jewellery,
furniture, fixture, equipment and vehicles), which are held exctusi,-ely 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 Banglade•h,not being land situated -
(i) in any area which is compriJed within the iurisdicuon of [Dhaka, Chittagong,
NarayanganJ, Gazipur, Narsingdi, Munshiganj and Manikganj districts) '"' r. -'· '"'·
Khulna Development Authority (KDA), Rajshahi Development Authority (RDA), a City
Corporation, Municipality, Paurashava, Cantonment Board; or
(ii) in any area within such distance not being more than five miles from the local limits of
Rajdhanj Unnayan Kartripalcya (RAJUK), Chittagong Development Authority (CDA),
Khulna Development Authority (KDA), Rajshahi Development Authority (RDA), a City
Corporation, Municipality, Paurashava, 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;] s•..,. c..A. ion ..i,,oq-.:.ac.111 Omhd t.r1. A.1014
((16) "charitable purpose" means-

(•) relief of the poor. education relief, medical relief: and
(b) the ach·ancement of any other object of generalpublic utih1y:
Pro-,ded that the ad\"ancement of auy other object of general public utility shall not be
considered u ch.antable pu,pose, ifit is not epprcved by the Board and savclves-
I caaymg out any acttv1t1es in the nature of trade, commttee or btwness lD whatever form
and manner; or
u rendenngany service for a conssderauou and the aggregate ,·aJue or such ecasrderauoe 10
any income yeu exceeds Taka twenty lakb;J s-,-.,.1.A.201,_.w..""'A :on
(17) "chartered ecccuetees'' means a chartered accountant as de.(:med in the Banglade.sh 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;
(19) ..Commissioner" means a person appointed to be a Commissioner of Taxes or Commissioner
(Large Tax Payer Unit) under section 3, or a person appointed to hold c:wrent charge of a
Commissioner of Taxes or Commissioner (Large Tax Payer Unit));
((19A) "Commissioner (Appeals) means a person appointed to be a Commissioner of Taxes (Appeals)
under section 3, and includes a person appointed to hold current charge of a Commissioner of
Taxes (Appeals);) "'-"''A.
1990
17
Compiled by: Masom Gazi In association with: Mahmudul Hasan
((198) Commissioner (Large Taxpayer Unit) means a person appointed 10 be a Commissioner of

Taxes (Large Taxpayer Unit) nnder section 3, and includes a person appointed 10 hold current
charge of Commissioner of Taxes (Large Taxpayer Unit)l Ee.. "1I .."- 1999 '* 1w::1, ~ br '! .. ;\.. 2001
(20) "Company" means a company as defined in the Companies Act, 1913 (VIl of 1913) or~
.,,-._.,, )- ():.:.8 'lt'R )v "'- ~). and includes-
(•) a body corporate established or constituted by or nnder any law for the time being in force;
(b) any nationalised banking or other financial institution, insWllllce body and industrial or
business enterprise;
(bb) an association or combination of persons, called by whatever name, if any of such persons is
a company as defined in the Companies Act, 1913 (VIl of1913) or~~. )~:.8 (l~:.S
'lt'iil)lt .... ~;
(bbb) any association or body incorporated by or under the laws of a country outside Bangladesh;
and;
(c) any foreig11 association or body, not incorporated by or under any law, which the Board may,
by geoeral or special order, declare to be a company for the pwposes of this Ordinance;
(21) "cc-cperative society" means a cc-operative society registered under [~ ~ ~. ,oo)

(,oo) >tt'R Sq 'It.~) (Ce-operative Societies Act, 2001) (Ad No. 47 of2001),] s.....,., ... '0" or
under any othtt law for the time being in force governing the registration of co-operative
societies;
(22) "cost and managementaccountant" means a cost aud managementaccownant as defined in the
Cost and Management Acconntants Ordinance, 1977 (Lill of 1977);
(23) "Deputy Commissioner of Taxes" means a person appointed to be a Depnty Commissioner of

Taxes under section 3, (and includes a person appointed to be a tansfer pricing officer] Sab,.by '·
A.iou 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 the
Companies Act, 1913 (Vllof1913)or~~. l~:.S (l:.:.S 'lt'lllv~~;
((25) "Director-General of Inspection (Taxes)" 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 Direeter-Geaera! of Inspection (Taxes), or an Assi$1ant Director-General of
Inspection (Taxes);] WH.'7r.A, Ifft •~lJ1laSl&b1.~P..A, IHJ
[(2SA "Director General (Training)" means a person appointed to be Director General (Training);] '"'·
.., , .A. lOOJ
[(25AA) "Director General, Central Intelligence Cell" means a penon appointed to be Director
General, Central Intelligence Cell or [any Director, Central Intelligence CeU or any Joint
Director, Central Intelligence Cell or Deputy Director, Central Intelligence CeU or Assistant
Director, Central Intelligence CeU] ......,.,.A.>01? authorised by him.] t...'1'-'-'°°'
(26) "dividend" includes -

(a) any distnbution by a company of accumulated profits, whether capitalised or not, if such
distribution entails the release by the company to its shareholders of aU or any part of its assets
or reserves;
18
(b) any distnbution by a company, to the extent to wruc:h the company possesses accumulated
profits, whether capitalised or not, to its shareholders of debentures, debenture-stock or deposit
certificates in uy 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 clistnbution is attributable to the accumulated profits of the company immediately
before its liquidation, whether capitalisedor not;
(d) any distribution by a company to its shareholders on the reduc,tionof its capital, to the extent
to wruc:h the company possesses accumulated profits, whether such accumulated profits have
been capitalised or not;
(dd) any profit remitted outside Bangladesh by a companynot incorporatedin Bangladesh under
~~ )lYS ()lYS - )b- 'II~;
[(ddd) any dutribution of profit of a mutual fund or an altemativc in,-ntmcnt fund;) ,.._ u• ,,..
~"Jf..U017
(e) any payment by a private company of any sum (whether IS representing a part of the assets
of the company or otherwise) by way of advance or loan to a shuebolder or any payment by any
such company on behalf; or for the individual benefit, of any such shareholder, 10 !he extent to
,vhich the company, in either case, possesses accumulatedprofit; but does not include.
(i) a du1nbutionmade in accordance with sub-clause (c) or sub<lause (d) in respect of any
share including preference share for full cash consideration, or redemption of debentures
or debenmre-stock, where the holder of the share or debenture is nor entitled in the event
of liquidation to participate in the swplus assets;
(ii) any advance or loan made lo 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 wruch is set off by the company against the whole or
any part of any sum previously paid by it and treated as dn~dend within the meaning of
sub<lause(e) to the extent to which it is so set off
(iiia) any bonus share issued by a company;
[(iv) any bonus share issued by a compauyJ0.....,br•-A. tm
EA.pl.anat.r."on. - The expression" accumulated profits", -
(a) wherever it occurs in this clause, includes any reserve made up whoUy or partly of any
allowance, deduction or exemption admissible under this Ordi.o.ance er under the Income tax
Act, 1922(XI of 1922), but does 1101 include capital gains arising before the first day of April,
1946, or after the thirty-first day ofMarc:h, 1949, and before 1he eighlh day of June, 1963.
(b) IS 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) "employd' includes a former employer;
(28) "employee", in relation to a company, includes the managing director,or any ocher director or
other person. who irrespective of his designation. performs. any duties or func.tions in
connection with !he management of the affairs of the company;
[(28A) "export" means supply of goods and services from inside to outside the geographical limits of
Bangladesh and shall include supply of locally manufactured raw materials and ocher inputs to
=
export oriented industry under internal back to back letter of credit;) ""-.,. '-'
(29) "Extra Assistant Commissioner of Taxes" means a person appointed to be an Extra Assistant
Commissioner of Taxes under section 3 (and includes a person appointed to hold current charge
of an Extra Assistant Commissioner ofTaxes;J 1u.brF.A 1999
((30) "filir llW'kel value" means, in relation to capital asset [or a business or undertaking] Im. brf .A. 2020 -
19
(a) the price which such asset [or such business or undertaking) "'- ..,. '-'·""" 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 Tues may, with the approval in
writing of the InspectingJoint Commissioner,determine;
(b) the residual value received from the lessee in case of an asset leased by a financial institution
having license from the Bangladesh Bank on termination of lease agreement on maturity or
otherwise subject to the condition that such residual value plus amount realised during the
currency of the lease agreement towards the cost of the asset is not less than the cost of
acquisition to the lessor financial institution.] s.tii. "1F.A. 2©0
(31) "fees for technical services" means any consideration (includingany lump sum consideration)
for the rendering of any managerial, technical or consultancyservices (including the provision
of services of technical or other personnel) but does not include consideration for auy
cous!IUCtion, assembly, mining or like project undertaken by the recipient, or consideration
which would be income of the recipient classifiable under the head "Salaries";
{Expla11ario11. - For th• ,..,,oval of doubts, It Is hor•by doclarod that In this claus•, "f•osfor
tochnical sorvfcos" shall lnclud• t.chnlcal s,rvlcos f••. tochnlcal assistance fH or any f,. of
similar natur•;J1• .,,.A.''"'
[(31A) "finmcial institution" has the same meaning as assigned to it in~~~. =,o (=,o
'lt'!f 'I'!~~ (Financial Institution Act, 1993) (Act No. 27 of 1993));] .._..,.,..._ •m
(32) "finn" has the same meaning as assigned 10 it in the Partnership Act, 1932 (IX of 1932);
(33) "foreign company" means a company which is not a Bangladeshi company;
[(34) "income" mcludes -

(a) any income, receipts, profits or gains, from whateversource derived,chargeable to tax under
any provision of this Ordinance;
{b) any amount which is subject to collection or deduction of tax at source under any provision
of this Ordinance;
(c) any loss of such income, profits or gaius;
(d) 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;
(e) any $WD deemed to be income, or any income accruing or &rising or received, or deemed to
accrue or arise or be received in Bangladesh uuder any pro,,isioo of this Ordinance;
(I) any amount on which a tax is imposed;
(g) any amount which is treated as income under any provision of this Ordinance;] M~P.A.?01,
((35) rincome year" means fmancial year immediately preceding the assessment year and includes)
Srlb1"'7 f. A. lOlO •
(a) the period beginning with the date of setting up of a business and ending with the thirtieth day
of June following the date of setting up of such business;
{b) the period beginning with the date on which a source of income newly comes into existence
and ending with the thirtieth day of June following the date on which such new source comes
into existence;
(c) the period beginning with the first day of July and ending with the date of discontinuance of
the business or dissolution of the unincorporated body or liquidation of the company, as the case
maybe;
(d) the period begiooing with the first day of July and ending with the date of retirementor death
of a participant of the unincorporatedbody;
20
(e) the period immediately following the date of retirement, or death, of a participant of the
unincorporated body and ending with the date of retirement, or de.ath, of another participant or
the thirtieth day of June following the date of the retirement, or death, as the case may be;
(l) in 1he case of bank, insurance or financial institution [or any subsidiary thereof] Addod by rA,
2016
the period of twelve months commencing from the first day of January of the relevant year;
or
(g) in any other case the period of twelve months commencing from the fust day of July of the
relevam year.]Wturf.A. ?Ol}
{Provided that th• Deputy Commissioner of Taxes may allow a different financial year for a
company w·hich is a subsidiary, including a [subsidiary thereof. or a holding company of a
parent company incorporat,d outsid• Bangladesh or a branch or liai,Son offic• th•r•ofl Sdt. by
FA.lOJl if such company r,quircs to follow a diflcr,nt financial year for th• purpose of
consolidation of its accounts with tli, parent compony.] S.1»..-&,FA 1011
(36) "In~ Joint Commissioner" means a person appointed to be an Inspecting Joint

Commissioner of Taxes under section 3, and includes an Inspecting Additional Commissioner of
Taxes and also a penon appointed to bold current charge of an Inspecting Joint Commissioner of
Taxes;
((37) "Inspector" means an Inspector of Taxes under section 3 and also includes a person appointed
to hold charg~ ofan Inspectorof Taxes;] Slibl.bfP.A.:'!Oll
(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 othercharge in respect of the money borrowedor debt i.ocw:red or in respectof
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 -

(•) 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 takm to the market, the 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 fust becomes assessable; and
(b} where such produce is not ordinarily sold in the tJW'ket in its raw state, the aggregi,te of -
(i) the expenses of cultivation;
(ii) the land de,-.lopment tax or rent paid for the lands in which it wu grown; and
(iii)such amount as the Deputy Commissioner of Taxes finds, having regard to the
circumstances of each case, to represent a reasonable rate of profit on the sale of the
produce in question as agricultural produce;
(41) "money borrowed" includes, in the case of a banking company, money received by way of
deposit;
(42) "non-resident"meansa 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 penon who, being a minor, has been admitted to the benefits of partners.hip;
(44) "partnership" has the same meaning as assigned to itin the Partnership Act, (IX of 1932);
[(44A) "permanent establishment", in relation to income from business or profession, means a place
or activity through which 1he business or profession of a person is wholly or partly carried on, and
includes-
21
(i) a place of management;

(ii) a branch;
(iii) an agency;
(iv) an office;
(v) a warehouse;
(vi) a factory;
(vii) a workshop;
(viii) a mine, oil or gas well, quarry or any other place of exploration; exploitation or extraction
of natural resources;
(ix) a fann or plantation;
(x) a building 5-ite, a construction; assembly or installation project or supervisory activities in
cotmeetion therewith;
(X1) the fumishiDg of services, inclurung cousultaucy services, by a person through employees
or other personnel engaged by the person for such purpose, if acti\"ities of that nature
continue (for the same or a connected project) in Bangladesh; and
(xii) any associatfll entity or person (hereinafl.er referred to as "Person A") that is commercially
depeodeol on a non~re.sident person where tht associattd entity or PetSOD A catties out any
activity in Bangladesh in connection with any sale made in Bangladesh by the non-
resident person;] bi,lly'PA.?011
((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 percent of
disclosed profit of relevant income year] Omi!..t by f A. ~019• arrear salary. advance salary. leave
encashment (or leave fare assistance] o.mtadbyf_.\.20t9 and over time, 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 fuad.;"] s,,,. ">'
f.A.2""
((46) "person" indudes an individual, a finn, an association of persons, a Hindu undividedfamily, a

trust, a fund, a local authority, a company, an entity and every other artificial juridical person;
(46A) "person with disability" means an individual registea·ed as ~ ff (penon with disability)
uudersection 31 of~~~ <i 'J.if"'1"11't-l, ~)<> (~o~o --~J-..,, ... ,. ..
(47) "presaibed" means presaibed 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 ..
(1) man.aging directer, (chief executive officer,] ~ bJr.A. ~1' man.ager, 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 ac!mini.stration of the local authority,
company, body or association upon whom the Deputy Commissioner of Taxes has served a
notice of his intention to treat him as principal officer thereof;
(49) "profession"includes a vocation;
(50) "profits in lieu of salary" includes -
(a) the amount of compensation due to, or received by, an assessee from his employer at, or in
connection with, the tennin.ation of, or the modification of any terms and conditions relating
to, his employment; and
22
(b} any payment due to, or received by, an assesse from a provident or other fund to the extent to
which it does not consist of contributions by the assesse and the interest on such
contributions;
(51) "public servant" bas the same meaning as in section 21 of the Penal Code (Act XLV of 1860);
(52) "recognised provident fund" means a provident fund which bas been, and continues to be,
recognised by the Commissioner in accordance with the provisions of Part B of the First Schedule;
[(53) "registered firm" means a firm registered under section 111;] °"""'"''·A. ""
(54) "relative", in relation to an individual, means the husband, wife, brother, sister or any lineal
ascendant or descendant of that individual,
[(54A) "research and development" means auy systeraatic m,·erugabve and experuneutol study that
in,·olves oovelty or techmcol nslc carried out iu the field of science or techl>Ology with the obJect of
acquu,ng new knowledge or usmg the res,~ts of the ,tudy for the production or unprovement of
matenals. de\,ces, produclS. produce, or processes, but does not include-
(•) quabty control or reunne testmg of u1atttial1, devices 01 products,
(b) research 10 the 6eld of social science mcluding the a,u and humam11es,
(c) the creation or develcpmenr of financial instruments or fllllnaal products;
(d) mul::et ttse:arch or sales promotion; routine data collection. effici~ sun~ys or management
studies;
(e) routine: modtfic.atiom or changes to materials. devices, products~ processes or production
methods;
(f) cosmetic modifications or stylistic changes to materials, devices, products, processes or
production methods; or
(g) the creation or enhancement of trademarks or goodwill;] "'-..,. '-• "'''
(55) "resiclenl", in respect of any income year, means -

(a) an individual who bas 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 iu 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 six1y-6ve 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 1ffain is situated wholly [or partly]
o..n..ii.,. r A. 201,
°"""""'' A.'°" in Bangladesh in that year; [and)
(c) a Bangladeshi company or any other company the control and management of whose affairs
is situated wholly in Bangladesh in that year;
(cl} [(d) a trust, a fund or an entity, the control and management of whose affam is situated
wholly in Bangladesh in that year; and
""..,.,.A.''"'
(•) a local authority and every other ortificial juridical person;]
(56) "royolty~ means consideration (including any lump sum consideration but excluding any
considerationwhich is classifiable as income of the recipient under the bead "Capitol gains'') for -
(a) transfer of all or any rights, including the granting of a licence in respect of a patent,
invention, model, design, secret process or formula, or trade 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 infonnation concerning technical, industrial, commercial, or scientific
knowledge, experience or slciJl;
23
(e) the tr3llSfer of all or any rights, including granting of a licence. in respect of any copyright,
literary, 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, distnbution or exhibition of cinematograph films; or
(f) the rendering of any services in connection with any of the aforesaid activities;
[Explananon I. - For the purpose of royalty ill respect of any righl,property or information, it
is not necessary that-
(i)the possession or control of such right, property or informationis with the payer;
(ii)such right,propertyor infonnatio11 is used directly by the payu;
(iii)th• location of such right, property or information is in Bang/adssh.
E,,.pl.analio11 J.• For tlr• r•moval of doubts, it ts hueby clarifl-1 that th• cxprasion ..'process"
includ.s transmission by satellite (including up-linking, amplification, conversion for down-
llni:tng of any signal), cab!,, opticalflbr, 01· by any other similar t«hnology, wh,th,r or not
such proc.ss ts secr•t;J1-•tyF.A. NJl9
(S1) "roles" means rules made under this Ordinance;
(SS) "salary" includes -
(a) any pay or wages;] ,..,.,, .•. ,oil
(b) any annuity, pension or gratuity;
(c) any fees,com.mis.sions, allowances, perquisites or profits in lieu of. or in addition to, salary
or wages;
(d) any advance of salary;
[(e) any leave encashment;J"'-"''-'- 1099
(59) "scheduled bank" has the same meaning as in the BangladeshBank Order, 1972 (P.O. No. 127 of
1972);
[(59A) "Senior commissioner" means a person appointedto be a Senior Commissioner of Taxes under
section 3) W.byf.O. lffl~Ot!uttadbr f.A. t99>
(60) "Shareholder"includes a preferenceshareholder;

(61) "Speculation-business" means business in which a contract for the purchase or sale of any
commodity, including stoch and shares, is periodically or ultimately set1led 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 J.,.. through future price
fluctuations foe the purpose of fulfilling his other contracts for the actual deli,-ery of the goods
to be manufactured or the merchandise to be sold by him;
(b) a cont.rad in respect of stocks and share.s is enteredinto by a dealer or in\'estor there.in to
guard against loss in his holdings of stocks aud shares throughprice fluctuations; and
(t} a contract is entered into by a member of a forward market or a stock e.,changein the course
of any transaction in the nature. of jobbing or arbitrage to guard again.st loss which may arise
in the ordinary cowse of his business as such member;
((61A) '"supply of goods" means transfer of the right of goods by way of sale, exchange or otherwise
including sale under hire purchase agreement or finance lease;] "' brH ~on
[(62) "tax" means the income tax payable under this Ordinance and includes any additional tax, excess
profit UL't, penalty, interest, fee or other charges leviable or payable under this Ordinance;"] ...._"' '-'·
2003ud ap:ia. Snl. ">' ! -~ 200)
[(62A) "Tax Day" means -
(i) in the case of an assessee other than a company, the thirtieth day of Novemberfollowing the
end of the income year;
24
(ii) in the case of a company, the fifteenth day of the seventh month following the end of !he
income year [or the fifteenth day of September following the end of the income year where
the said fifteenth day falls before the fifteenth day of September;] ""-.,. '-'· 2011,
[(iia) in the case of an assessee, who is an individual and bas not submitted return before, the
thirtieth day of June following the end of the income year;] !is. by FA 2022
(iii)the next working day following the Tax Day if the day mentioned in (this clause] w. br f.A 2022
is a public holiday;J "'-brf.A. 2016
[(62B) "taxed di,idend" means the disidend income on which tax has been paid by the recipient under
this Ordinance;],...,.,..._,. ..
((63) "luable income" means -
(a) in the case w-ben the assessee, not being a company, is a person no1 raident in Bangladesh,
or a co-operative socaety, the total income; and
(b) ID any other case the total income of an assessee as chmmished by the allowance admissible
under paragraphs 1,2,3,4,5,6,7 ,8,9,1 O,I I, 12, 13, 14, 17,18 and 20 of par1 B of the Sixth Schedole;J
O....~FAIJtJ
(64) "Tax Rtto,·ery Officer" means a person appointed to be a Tax Recovery Officer under section 3;
(6S) "'total iecceee" means the total amount of income referred to in section 17 c:.omputed in the
manner laid down in this Ordinance, and includes any income which,. undtt any pro\'1.Sion of this
Ordinance, is to be included in the total income of au assessee;
((65A) "trading account" or "profit and loss account" includes income statement and other similar
statements of accounts prepared under International Financial Reporting Standards.] "'>r '-'- 11 '°
(66) "transfer", in relation to a capital asset, includes the sale, exchange or relinquisbment of the asset,
or the extinguishment of any right therein, but does not include-
(•) any lransfer of the capital asset under a gift, bequest, will or an irrevocable trust;
(b) any distribution of the assets ofa company to its shareholders on its liquidation; and
(c) any distribution of capital assets on the dissolution of a fum or other association of persons or
on the partition of a Hindu undivided family;
((67) "unregistered fum" means a fum which is not a registered firm;]°'"""'"'·._..,,
(68) "written down value" means the written down value as defined in the Third Schedule;
(69) "year" means a financial year.
25
CHAPTER II
ADMINISTRATION
3. Income-tax authorities. -
There shall be the following classes of income tax authorities for the purposes of this Ordinaoce,
oamely: -
(I) Toe National Board of Revenue,
[(IA) Senior Commissiouer of Taxes] r.... ,.,.0.1•" RhM•,..«rOmmN"rF.A.lffl
[(IB) Chief Commissioner of I axes;] "'· "r '-"· ,on
(2) Directors-General of Inspection (Taxes),
(2A) Commi.ssioDU of Taxes (Appeals),
(2B) Commissioner of Taxes (Large Taxpayer Uuit),
(2C) Director General (TRining);
(20) Director General, Cemral Intelligence Cell;
(3) Commissioners of Taxes,
(3A) Additional Commi.ssionen of Taxes who may be either Appellate AdditiOWII Commissioner of
Taxes or lospe<ting Additional Commiuiooer of Taxes,
(4) Joint Commissioner or Taxes who may be either Appellate Joint Commissioners of taxes or
Inspecting Joint Com.miJ.sioner of Taxes,
(5) Deputy Commissionen of Taxes,
[(6) Tax Recovery Officers nominated by the Commissioner of Ta.'«S among the Deputy
Commissioner of Taxes within his jurisdiction.] Sub5.1,yP .. uou
(7) Assistant Commissioners of Taxes,
(8) Extra Assislant Commissioners of Taxes; and
(9) Inspectors of Taxes
4. Appointment of income tax authorities. -

(I) Subject to the rules aod orders of the Governmentregulating the terms and conditions of service of
persons in public services aod posts, appointment of income tax authorities shall be made in
accordance with the provisions of this Ordinance.
(2) The Bnard may appoint [Chief Commissioner of Taxes, Director Gaien.t,J ....._..,. t. A>Oll [Central
Intelligence Cell,J~'·A.1010[a Senior Commissioner of Taxes andJo..L"Jl.O..ltu .... ~~ 0•itlitdbyf.
A. "" as many Directors-General of Inspection, Commi,sioners (Appeals)], Commissioners, Joint
Commissioners of Taxes, Deputy Commissiouen of Taxes, Tax Reco,·ery Offieen and Assistant
Commissioners of Taxes and such other executive or ministerial officers and staff as it may think fit.
o
(2A) Notwithstanding anything con~ined in this rdinance, the Board may, with the approval of the
govemmeot. appoint oo.e or more person having appropriate professioo..a.l still and experience to
perform such function as may be specified by an o..der issued in this behalf, and the penon or persons
so appointed shall be deemed to be an income-tax authority forthe purposes of this Ordinance.
(3) Subject to snch orden or instructions as the Board may, from time to time, issue in this behalf, any
other iaceme tax authority may appoint any income tax authority subordi.na1e tbtteto and such other
executive or ministerial officers and staff as may be necessary for assistance in the execution of its
functions.
[4A. Delegation of powers, -

The Board may, by notification in the official Gazette, and subject to such limi~tions or conditions,
if any, as may be specified therein, empower by oame or designation, -
(•) aoy Inspecting Additional Commissioner of Taxes to exercise the powers of a Commissioner of
Taxes [;J ........,. r, ·-' ''"'
26
(b) any Appellate Additional Commissioner of Taxes to exercise the powers of a Commissioner of
Taxes (Appeal)[; and]""'""'·''- 2010
[(c) any Additional Director General or Joint Director General of Central Intelligence Cell to exercise
the powers of Director General, Central Intelligence Cell.) ..._ '-'-201°) "'- '-'- 199'
5. Subordinationand control of income tax authorities, -

(I) The (Senior CommissionerJ °"""" br r. A. 199' (Chief Commissioner of Taxes, Directors-General) '""
r.A. 2011
of Inspection, Commissioners (Appeals) and Commissioners sball be subordinate to the
Board;
(2) The Additional Commissioners of Taxes, Joint Commissioners of Taxes, Deputy Commissioners
of Taxes and Inspectors shall be subordinate to the Commissioners, or the Commissioners
(Appeals), as the case may be, within whose jurisdiction they are appointed to perform their
function:
Pl'"OVfd,d that •o order, dtrectton 01· tnstruction shall bo gt,-.n so as to f•t,rfv• with tho
dlscr,ffon ofth, Appcllar. Joint Commlsslon,rs or th, Commlsston,rs (App,au),In th• a,rcls,
of their app,JJar, functions.
(3) The Deputy Commissionen of Taxes and Inspectors shall be subordinate to the Inspecting Joint
Commissioner "~thinwhose jurisdiction they perform their functions.
(4) The Inspectors shall be subordinate to the Deputy Commissioners of Tues within whose
jurisdiction they perform their functions.
6. Jurisdiction ofincomt tax authorities. -

(!) Subject to the provisions of this Ordinance, -
[(a) the senior commissioner of Taxes shall perform such function as may be assigned to him by
the Board] o.;,,.,byf .•<. ".,
(aa) the Directors-Gffieral of Inspection shall perform the following functions, namely: -
(i) carry out inspection of income tax cases;
(ii) investigateor cause investigation to be carried out in respect of cases involving leakage of
revenueor evasion of taxes;
(i.it) carry out audit of cases of offices involving income tax cases only;
(iv) fumish annual report about the working of income tax offices dealing with revenue
matten to the Board by the thirty first day of December following the end of the financial
yearto ,vbich it relates; and
(v) suc.h other functions as may be assigned to them by the Board;
(aaa) the Director General of Central Intelligenoe Cell shall perform the following functions,
namely: -
(i) cany out intelligence works to gather information about taxpayers;
(ii) analyse information gathered through intelligence work vis-a-vis concernedincome tax
records;
(iit) Detect tax evasions, concealments of income and offences as describedin chapterXXI of
Income Tu Ordinance, 1984;
(iv) cany our investigations to prove tax evasion or concealment or any other irregularities
relatingto taxes and to collect evidences in supportof 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 C.nmmissioners [, the Commissioner (Appeals)) "'·Br'-'· 1990 and the Appellate Joint
Commissioners shall perform their functions in respect of such areas, or such persons or classes
27
of persons, or such cases or classes of cases. or such incomes or classes of incomes, as the Board
may assign to them;
(bb) the Cottinussioner (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 Tues 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; aod
(d) other income tax authorities shall perform such functions as may be assigned to them by the
in.cOllle tu authority to whom they are subordinate .
(2) (•) A».y area cc other jwisdiction or function assigned to an income tax authority under sub-
section (I) nay be modified or varied, or may be lransfe,Ted to any other income tax authority
v.rith respect to ueu, persons or classes of persons, or cases or cla.ues of cases, or proceeding
or classes of proceedin8s;
(b) any such tnnsfer a.sis referred to in clause (a) may be made at any stage of the proceedinga
and further proceedinga may be commenced from the stage at which such transfer takes place.
(3) Wbtte 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 eases, or incomes or classes of
incomes. they shall perform those functions iu accordance with such allocation or distribution of
won: 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 aU or any proceedings
relating to such case; and except as provided in sub-section (5), no such assignment, traosfer or
performance of fuoctions shall be called in question by or before any court or other authority.
(5) A».y person aggrieved by any order passed under this section may, ,-ithinthirty days of such order,
malce a representation -
(•) 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
repttsentation shall be final.
7. Extrcist of jurisdicr.ion by sacce"or ....

Where, in respect of any proceeding under this Ordioauoe, an income rax authority is succeeded by
enctber, the income ta.."11[ authority so succeeding may continue the proettd.ing from the stage at which
it was left by his predecessor.
8. Officers, ere, to follow iastructiens of the Board. -

All officers and other per.sens engaged in the perforruance of any functions nnder this Ordinance shall,
in the matter of discharging those functions. observe and follow such orders. directions or instructions
as the Board may issue from time to time:
Provided that no order, direction or instruction shall be given so as to interferewith the
discretion of the AppellateJoint Commissioneror the Commissioner(Appeals)in the exerciseof their
appellatejunctions.
28
9. Guidance to tht- Depury Commissionerof Taxes, etc. -

In the course of my proceedings under this Ordinance, the Deputy Commissioner of Taxes may be
assisted, guided or instructed by any income tax authority to whom he is subordinate or any other
person authorised in this behalf by the Board.
10. Exercise of assessment functions by the Inspecting Joint Commissioners and the Inspecting
Additional Commissioners. -
The Commissioner may, with prior approval of the Board, by general or a special order in writing,
direct that in respect of all or any proceedings relating to specified cases or classes of cases or
specified persons or classes of persons within bis jurisdiction, the powers and functions of the
Deputy commissioner of Taxes, the Inspecting Joint Commissioner, the Inspecting Additional
Commissioner and the Commissioner under this Ordinance mall be exeicised by the Inspecting Joint
Commissioner, the Inspecting Additional Commissioner, the Commissioner and the Board,
respectively and for the purpose of any p<oceedings in respect of such cases or persons reference in
this ordinmce or the rules made thereunder to the Deputy Commissioner of Taxes, the Inspecting
Joint Com.missioner, the Inspecting Additional Commissioner, or the Commissioner shall be deemed
to be references to the Inspecting Joint Commissioner, the lnspecti~ Additional Commissioner, the
Commissionet and the Board, respectively.
29
CHAPTER ID
TAXES APPELLATE lRIBUNAL
11. Establishment of Appellate Tribunal. -
(1) For the pmpose of exercising the functions of the Appellate Tribunal under this ordinance, the
Government shall establish a Taxes Appellate Tribunal consisting of a President and such
other [judicial and accountant] o,,;,,., "r f. A.''°'
members as the Government may, from time to time,
appoint.
((2) A judicial member shall be a person who is or has been a District Judge or who has practiced as
an advocate in a court not lower than that of a District and Sessions Judge for a period of not less
than ten years.J "-''7•-A.2002
(3) A person shall not be appointed as a member of the Taxes Appellate Tribunal unless-
(i) he was or is a member of the Board or holds the current clw-ge of a member of the Board;
or
(ii) he was a Commissioner of Taxes; or
(iii) he is a Commissioner of Taxes (having at leu1 ~-year experience as a
commissioner) A.W"1P.A. 201•; or
(iv) he is a chartered accountant and practiced professio111Uy for a period not less than eight
years; or
(v) be is a cost and management accountant and practiced professio111Uyfor a period not less
than eight yeaa; or
(vi) be is an income tax practitioner within the meaning of section 174(2)(1) and practiced
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 practiced professionallyfor not less than ten years in any income tax
office[; or]....._.,, _ _._ ,010
(ix) [(ix) be is, was or has been a District Judge.] s..... '-'- ,on
(4) The Government shall appoint one of the members of the Appellate Tribunal to be the president
thereof L who is a member of the Board or holds the current charge of a member of the Board] S.b< '.A.
2010
Explanation. - For th• purpose of this section, psri.od of practic• as chartered accountant shall
includ• any puiod of pmcttce as chartered accountant within th• m.aning of th, Charter,d
Accountants Ordinanco, 1961 (X of 1961) or Ba11glad1sh Chart,rwdAccountanll Ord11·, 1973 (P.O.
No. 2 of 1973) or as r,gtst,r1d accountant ,m·oll,d on th, r,gtst..- of accounrann und,r th•
Auditor's C11'1ijlca11 Rul,s, 1950.
12. Esereise of powtr of th• Tribunal by Btnches. -

(I) Unless the president in any particular case or class of cases otherwise dittcts, the powers and
!unctions of the Appellate Tribunal shall be exercised by ~cbes of the Appellaie Tribunal,
hereinafter referred to as Bench, to be constituted by the President,
(2) A Bench shall be so constituted that it has not less than two members [and that there is equality
in number of judicial members and accountant members] OIWNllf P.A. lOOl
{Provided that in a Bsnch of which the President himself is a momb<rr h• shall bs deemed to
be a judicial ml!f1'lbsrj """"*'byF.A 1001
13. Decision of Bench. -

(!) Subject to the provisions of sub-sections (2) and (3), the decision of bench in any case or on any
point shall be given in accordance with the opinion of the majority of its members.
30
(2) Asly 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 includingthose whofirst heard it.
(3) Where there are only two members of the Appellate I ribunal and they differ in any case, the
Government may appoint an additional member of the Appellate Tnounal 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 i.ith such additional member.
14. Exercise ef power by one member, -

Notwithstanding anything contained in section 12, the Government may direct that the powers and
functions of the Appellate I nounal shall be exercised by any one of its members, or by two or more
members jointly or se,-erally.
IS. R•i:11lotion of Pto«dure. -

Subject the provisions of this Ordinance, the Appellate Tribunal shall regulate its own procedure
10
and the procedutt or its Benches in matters arising out of the discharge of its functions including lhe
places at which a ~ch shall hold its sittings.
31
CHAPTER IV
CHARGE OF INCOME TAX
16. Charge of ineome tax. -
(1) Where an Act of Parliament provides that income tax shall be charged for any assessment year at
any rate or rates, income tax at that rate or those rates shall, subject to the provisions of that Act,
be charged, levied, paid and collected in accordance with the provisions of this Ordinance in
respect of the total income of the income year or income years, as the case may be, of every
person:
Provid«l that whsr• under ths provisions of this Ordinanc, income tax is to be charged in
respect of th• incom• of a period other than ths incoms year, incom• tax shall b• charged,
!med, paid and coll•ctod accordingly.
(2) Where under the pro,isions of this Ordinance income tax is to be deducted at source, or paid or
collected in ad\'ance, it shall be deducted, paid and collected accordingly. [
(3) Notw1thstuding anythmg contained in sub-section (1), mcome tax shall be charged at the rstes
spea.tied m Chapter \11 and the Second Schedule m respect of-
(1) any mcome clawf1.1ble under the head "Capital gams";
(u) any IDC<>me by way of "dividend" referred to in clause (26) of secnce 2; and
(iit)any 1DCome by way of"w1nnings" referred to tu section 19(13).) .. .,.,_._,.,,
[16A. Chargr of sureharge, -

(I) Where any Act of Parliament enacts that a surcharge on income shall be charged for any
assessment yearat 3l1}' rate or rates, such surchargeat that rate or those rates shall be chargedfor
that yearin respect of the total income of the income yearor the incomeyears, 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 lax shall, so far as may be, apply
to the charge, assessment, deduction at source, payment in advance, collection, recovery and
..,.,.A.
refund of the surcharge.) 1u . im
[[16B. Charge of additional tax. -

Notwithstanding anything contained iu any other provisicu of this Ordinance, where any person
employs or allows, »ithout prior approval of the [appropriate authority of the Goverwnentj,s• br
,,,._ '°
11 any indi,idual not being a Bangladeshi citizen to wod: at his business or profession at any
time during the income year, such person shall be charged additional tax at the rate of fifty percent
(50%)ofthe tu payable on his income or taka five lal:h (500,000), whichever is higher in addition
to tax payable under this Ordinance.
16BB. Chargt of additional amount, ere.,

Where under the provisions of this Ordinance any interest. amount or any other sum, by whatever
name called, is to be charged in addition to tax, it shall be charged, levied, paid and collected
accordingly.
16BBB. Charge of minimum tax. -

Where under the provisions of this Ordinance any minimum tax is to be charged, it shall be
charged, levied, paid and collected accordingly.) s"" '.A.''"']
s.......,. '· "- 201'
32
[16C. CbargH of eseess profit tax-

Where a banking company operating under~~~. ):,;,) (>"") 'lt'R' )8 ~ ~) shows
profit in its retmnof income for an income year at an amount exceeding fifty per cent of its
capital as deiined 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
resen·e as aforesaid.] Oaitllldt,yf. A. 2016
[16CC.Charg• of minimum tax. -

(I) This section shall apply to a company in the case where, for any reason whatsoever, including
the sustaiu.ing of a loss, the setting off of a loss of an earlieryear, the applicationof tax credits or
rebates, or the cl11m1ng of allowances or deductions (including depreciation and amortization
deductions) allowed under this Ordinance or any other law for the time being ,n force, tax is not
payable or paid by such company for an assessment year, or tu payable or paid by such
company for an assessment year is less tban 4 [point two fi,-e per cent (0.25'1e)) o.;,.i '1• 0· ,.., of
the amount ttpttSenting such company's turnover from all sources for that year or tab five
thousand whicbt\-er is higher.[4 Subs. for "half per cent (O.S°"')r
(2) Where this section applies, -
(a) the aggttgate of the company turnover assessed for the assessment year shall be deemed
to be the income of such company for the year chargeable to tax;
(b) such company shall pay as income tax for the assessment year an amount equal to 5
[point two five per cent (0.25%)) °"""'"
'11· o. ''"'of the rumo..-er assessed for the year or
tab five thousand whichever is higher. [5 Subs. for "half per cent (050%))"
Explanation: For the purposes of this section, tumover means-.
(a) the gross receipts derived from the sale of goods;
(b) the gross fees for rendering services or giving benefits including commissions or
discounts;
(c) the gross receipts derived from any heads of income ex.eluding income from capital gains
and receipts w:u:lerspeculation business;
(d) the company's share of the amounts stated above of any usociation of persons of which
the company is a member.] 0.11t1•dbJl".0.2001
[16CCC. Chore• of minimum tax. -

Notwtthstandmg anythmg contained 10 aoy other provisions of tb1S Or<hnanoe, [ every firm
having gross receipts of more than talca fifty lakb or "'etY company) .... ' A. ,ou shall,
irrespective of its profits or loss in an assessment year for any reason wbatscever, including the
sustaining of a loss.
the s~g off of a loss of earlier ye.ar or years or the claiming of allo"'•ancesor deductions
(including depreciation) allowed under this Ordinance. be liable to pay minimum ta.'t at the rate
of[zero point three zero (0.30%)) ...,, P.A.'°" per cent of the amount [representing such firm's or
company's] W.l .. "--2013 gross receipts from all sources for that year.
Explanation: For the purposes of this section, 'gross receipts' means-
(•) all receipts derived from the sale of goods;
(b) all fees or charges for rendering services or giving benefits including commissions or
discounts;
(c) all receipts derived from any heads ofiucome [:] S""'r'··'-'"''J ...._.,u.2011
33
{Provided rha1 such rats of tax shall be zero-point on• zoro percent (0.10%) ofsw:h receipts for
an industrial undertaking engaged in manufacturing of goods for th• first Ihm income years
since commencement of its commercialproduction.) O.UtudbfF.A 2016
[16D. Charge of dhide.nd distribution tax. -

Notwithstanding an;1hmgcontained in this Ordinance, where a company registered nnder ~
~. )- (~) 'litJr.l )v~ ~) declares dividend, whether interim or otherwise, on or after the
first day of July,2003, the company shall pay, in addition to tax payable under this Ordinance,
dividend distribution tax at the rate of teo per ceot on ,uch dividend "'ithin 5ixty days from the
date of such declaration: Provided that the provision of this section shall not apply in case of
di,idend refem,d to in sub-clause (dd) and sub-clause (e) of clause(26) of section 2.J ""'7'-A. '"',
.......... 7 0........, l A. :200,
(16E. Charge of ta..s on sale of shirt at a premium ever fac.t value...

Notw1thstuclmg anytbmg conta1ned in any other provisiolll of this Orclmance or any other law,
where a company raises its share capital through book bwld111g or public offering or rights
off'tting or placement or preferential share or in any otber 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 percent on the differeoce between the value at which the shale is sold and its face value.) 1"'-
- 1-"7?_.\.~10 ........ cdyemltlltdl,y ,.A.1011
[16F. Charge of tax on dhidend. -
Notwithstanding anything contained in this Ordinance or any other law for the time being in
force, if in an income year, the amount of stock dividend declared or distriouted exceeds the
amount of cash dividend declared or distributed or without declaration or distributionof any cash
divided by a company registered under~~. )- ()- "lt'ii" )1, '<:. sm;<) and listed to any
stock exchange, tax shall be payable at the rate of ten per cent on the whole 01ttount of stock
dividend declared or distributed in that income year.
16G. Charge of tu on retained tarnings, reserves, surplus etc.,
Notwithstanding anything contained in this ordinance or any other law for the time being in
force. if in an income year, the total amount trall5fCIHd to retained earnin8$ or any fund, reserve
or surplus, called by whatever name, by a company registered under _. ...t\,,, )l,:,S ()i,i,s
_.,. )1, 'IT,..;\'!) and listed to any stock exchange exceeds se,-enty pet ceot of the net income after
tax, tax shall be payable at the rate of ten pet cent on the total amount so trall5ferred in that
income year .... ] .... 201t .,.,.A.
[16H. Cbargt- of ta.x on rbt-difftrtntt of invtstmtnt, import and export, -
\\'here. in any income year, the assessee has, in the statements submitted by him,
(a) claimed to have carried on any import or export, and the amount paid or received for such
import or export respectively, as shown in the statement, is found to be different from the
actual transaction value, or
(b) claimed to have made any investment and the actual of investment is found to be lower
than the amount of investment disclosed in the statement,
tax, without prejudice to any other provisions of this Ordinance, 5hall be payable at the rate
offifly percent (50%) on the amount of the differeoce as mentioned in clause (a) or on the
34
difference between the disclosed and the actual amount of investment as mentioned in
clause (b), as the case may be. J his by F.A. 20211
17. Scope of the total income. -

(I) Subject to the provisions of this Ordinance, the total income of any income year of any
person in<ludes-
(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 bebalf 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 ,;a;•ho is a non-resident, all income from wbate,.-er source derived,
which-
(i) is received or deemed 10 be received in Bangladesh by or on bebalf of such person in
such ~ar, 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
eitherthe wbcle 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 receivedby him in Bangladesh in another year.
18. Income deemed to accrue or arise in Bangladesh. -

The followingincome shall be deemed to accrue or arise in Bangladesh, namely: -
(1) any income which falls under lhe head "Salaries", whereverpaid if-
(1) ii is eamed in Bangladesh; or
(b) ii is paid by lhe Government or a local aulhority in Bangladesh lo a citizen of
B111gladesh in lhe service of such Governmenl or aulhoriry;
((2) any income accruing or arising, whether direetly or indireedy, through or &om-
(•) aoy permanenl establishmenl in Bangladesh; or
(b) aoy p,operty, asset, rigbr or olher $OW'Ce of income, including intangible property, in
Bangladesh; or
(c) lhe traMfer of 111y a.sset.s situated in Bangladesh; or
(cl) !he sale of any goods or services by any electronic means 10 purchasers in Bangladesh;
or
(•) 111y intangible property used in Bangladesh.
Explanation. - For !he purpose of clause (2)-

(•) the shares of any company which is a resident in Bangladesh shall be deemed to be
property in Bangladesh;
(b) intangible property shall be deemed to be property in Bangladesh if it is-
(i) registered in Bangladesh; or
(u) owned by a person that is not a resident of Bangladesh but bas a permanent
establishmenl in Bangladesh to which tbe intangible property is attributed;
35
(c) the transfer of any share in a company that is not a resident of Bangladesh shall be
deemed to be the transfer of an asset situated in Bangladesh to the extent that the
value of the share transferred is directly or indirectly a11nbutable to the value of any
assets in Bangladesh;] "'"·.., F.A.l<>t&
(3) any dividendpaid outside Bangladesh by a Bangladeshi company;
(4) any income by way of interest payable-
(•) by the Government; or
(b) by a person who is a resident, except wherethe 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 pwpose of making or earning
any income from any source outside Bangladesh; or
(c) by• person who is a non-resident where the interest is in re,pec:t 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 pwposes of ro•kiog or earning any income from
any source in Bangladesh;
(S) any income by way of fees for techoieal services payable-
(•) by the Government;or
(b) by a penon who is a resident, except where such fees are payable in respect of services
utilisedin a business or professioncarried on by any such personoutside Bangladesh or
for the purposes of making or earning any income from any source outside Bangladesh;
or
(c) by a person who is 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 royaltypayable-
(•) 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 utilized for the purposes of a business or
profession carried on by such person outside Bangladesh or for the purposes of making
or eaming 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 utilized for the purposes of a business or
profttsion carried on by such persou in Bangladesh or for the pwposes of mabng or
earning any income from any source in Bangladesh.
19. Un..f'xpbinrd invrsr:mt-nt.s, ete., deemed to be incomt ..

(I) Whofe any sum is found credited in the books of 111 assessee maintained for 111y income year
and the assesse offttS no explanation about the nature and source therM>f~ or the explanation
offered is not, in the opinion of the Deputy Commissioner of Taxes, satisfactory, the sum so
credited shall be deemed to be his income for that income year classifiable under the head
"Income from otbet"sources ".
(2) Where, in any income yeM, 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 Tues finds
that the amount expended on malcing such investments or in acquiring such bullion, jewellery
or othervaluable article exceeds the amount recordedin this behalf in the books of account
maio.t.aioed 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
36
Commissionerof Taxes, satisfactory. the excess amount shall be deemedto be the. income of
the assessee foe such income ye.ar classifiable under the head "Income :&om 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 Commissionerof Taxes, satislitctory, the amount of
the expenditure shall he deemed to be the income of the assessee for snch 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
investmenlS 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 aboutthe oa.ture and source of fund
for the investments, or the explanation offered is uot, in the opinion of the Deputy
Commiuioner of Taxes, satisfactory, the value of the in\·es:tzD.ents shall be deemed to be the
income of the assessee for sucll financial year cla,sifiable under the head "Income from othe,·
sources",
(5) Where, in the financial year immediately preceding the assessment year, the assessee is found
10 he the owner of any money, bullion, jewellery or other valuable a11icle which is not recorded
in the boob or 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 va.lnable 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,
jewelleryor other valuable article, shall be deemed to he the income of the assessee for such
financial year classifiableunder the bead "Income from other sources".
(6) Ally income derived by an asse.ssee in any income year (hereinafter in this sub-section referred
to as the said income year) from any business or profession, which bas been or was.
discontinuedat any time beforethe commencement,or dwing the courses, of the said income
year shall, if snch income would have been chargeable to tax if it had been received in the
income yearin which it accrued or arose, be deemedto be income chargeableto 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 duringthe course, of the said income year.
(J) Any di,idend declared or distributed by a company shall he deemed lo he the income of the
income year in which it is received aud shalt be included in tbe total income of the assessee of
that year.
(8) Where any usets, not being stock-in-trade [or stocks, and •bar••)_. ... .....,.,,, are purchased
by an usessee from any company aud the Deputy Commissioner of Taxes bas reason to believe
that the price paid by the assessee is less than the fair matnt value thereof, the difference
between the price so paid and the fair market value shall he deemed to he income of the
assessee classifiable under the bead "Income from other sources".
(9) Where any lump sum amount is received or receivable by an usessee during any income year
on account of u.lam.i or premia receipts by virtue of any lease, such amoUDt shall be deemed to
be income of the as.sessee of the income year in which it is received and classifiable under the
head "Income from or.her sources":
Provided that at th• option of the assessee such amount may In allocated for the purpose of
assessment proportionately to the years covered by the entire lease period, but such allocation
shall in no case exceed fiveyears.
(I 0) 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, snch amount shall he deemed to he the
income of snch assessee for that income year classifiable under the head "Income from other
sources".
37
(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 [which makes any
debtors taxable] °*'-'""1·
·'- '"', the money value of such advantage or benefit shall be deemed
to be bis income for that income year classifiable under the head "Income from other sources":
[Provided that the provisions of this rub-section shall not apply in case of a loan or
interest waived in respect of an assessee {being individual] Swb br FA 1011 by a commercial bank
including Bangladesh Krisni Bank, Rajshahi Krishi Unnyan Bank, [Bangladesh Development
Bank /.Jd.J s-..,,- F. A.. 1014 or a leasingcon1pa11y or a financial institution rsgist11r11d under ~
~~ )-{J;,;..,'lr.',l',q'lt$)/Sb,.byF.A.100J:
{Pro>tded farther that the provisions of this sub-section shall not apply in case of a
b•n•fit or adl,·antag•.of an a.s.s11ss1111 being an individual. not ac11«:ling taka t11n lakh restdling
from tho wah·,r of margin laa11 or int,rest th,r1of by a hold,r of Trading Right Entitiement
C1rlfjica11(TREC) as d,jined und,r <l'J(WrfPT ~S•J•~Jit!W"111Wr, ,o» (,oN-. se~ ~ fn
r~ct ofth• asse.ss1111's fnvasht111ntin shares, d1b11nturas, mutualfi1nds or s.curitfa transact,d
fn tho stock o:chang,;J _.,,..A. 1016
(12) Any managing agency commission including compenution received during any income year by
an assessee for termination of agencies or any modification ef tbe 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 winning)' 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 fow1h 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, except as provided in
clause (a.a.) ,vbether in cash or in any other manner whatsoever, auy amount in respect of such
loss, bad debt, or expenditure, the amount so received sh.Ill be deemed to be bis income from
business or profession during that income year;
(aa) such amount on account of any interest which was te hne been paid to any commercial
bani: or the [Bangladesh Development Bani: Ltd.]1••·.,. '· A. 2014 or on account of a.ny share of
profit which was to have been paid to any bani: ,un on Islamic principles and which was
atlcwed as a ~ion in respect of such expenditure though such inrtteSt or share of profi1 was
not pa.idby ttuon of the assessee having maintained his accounts on mercantile basis, within
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 &om business or profession during the
income year immediately following the expiry of the said three years;
(b) the assessee has derived, during any income year, some benefit in respect of such trading
liability, the value of such benefit, if it has not already been treated as income under clause (c),
shall be deemed to be bis income from business or professionduring 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
38
three years; and the business or profession in respect of which such allowance or deduction was
made shall. for lhe purposes of section 28, be deemed to be carried on by lhe assessee in that
year.
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 lo be the
income of the assessee for that income year classifiable under the bead ""Income from business
or profession".
(17) When any machinery or plant exclusively used by an sssessee for agricultural purposes has
been disposed of in any income year aud the sale proceeds thereof exceeds the written down
value, so much of lhe excess as does not exceed the difference between lhe original cost and the
written down value shall be deemed to be the income of lhe assessee for that income year
classifiable under CM bud "Agricultural income".
(18) Where a.ny insurance, salvage or compensation moneys are received in any income year in
respect of any building, machinery or plant which having been used by CM assessee for the
purpose of business or profession is discarded, demolished or destroyed and rbe amount of such
moneys exceed the written down value of such building, machinery or plant, so much of the
excess as does not exceed the difference between the original cost and the written down value
less the scrap value shall be deemed to be the income of the assessee for that income year
classifiable under the bead "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 deaned to be CM income of the assessee for that income year cl.usifiable under the
head "Agricultural income".
(20) When au ....,1 representing expeoditure of a capilal nature on scientific research within the
meaning of section 29 (I) (xx) is disposed of dwiug 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 deaned to be the income of the assessee for that income year classifiable under the bead
"Iaeeeee Crom business or profession".
Explanation 1.- For th, purposes of this sub-section and sub..s,ctio,u (16) and (17), "sol,
proc•ads .. sltall hav• th• sam• meaning a.s in th• 'ThirdSch.Jul•.
Explanation 2.- For th• purposes of this sub-section ond sub-sections (16) and (18), th• business
or profession in which th• building, macliinsry, plant or as.sm~ as ffi• ca.s• may b,r, was used
beforo its disposal, shall b• deemed ta be carried on by the asssssee during th• income year in
which such disposal talus place.
(21) Where any sum is claimed or shown to have been received as loan [, advance or deposit of any
kind called by whatever name] ""brr .A. 2019 or gift by an Assessee otherwise than by a bank
transfer> the amount so received shall be deemed to be the income of such Assessee for the
income year in which such loan [, advance or deposit of any kind called by whatevernameJ 1,, by
'-'· 2019 or gift was received, and shall be classifiable under the head "Income from other
sources":
39
Provided that-
(•) where a loan or part thereof, which was deemed as the income under this sub-section aod
included in the total income of the Assessee, is repaid [or converted into consideration
for any goods or services] m, br f.A. 2019 in a subsequent income year~ the amount so repaid
[or converted into consideration for any goods or services J "'..,. '-'- 2019 shall be deducted
in computing the. income of the Assessee forthat income year;
(b) a loan shall not be deemed to be ao income under this sub-section if the loao is taken
from a banking company or a fiuaocial institution; [
(bb) deposits received by a Bank or a fwancial institutlon or an organization registered with
Micro Credit R<egulatory Authority or NGO Affain Bureau shall nor be deemed to be an
w.come under this sub-section. J Ju brf.A.102l
(c) • loan or a gift received by an Assessee, being an individua~ shall not be deemed to be
the income under this sub-section, if-
(i) the aggregare amount of such loan or gift received in an income year does nor exceed
five lakh tak:a; or
(ii) the loan or the gift is received from spouse or parents (or sons or daughters]'"'.,.,..._
~, of th.t Assessee, and a banking channtl or a formal channel is involve.d in the
process of such loan or gift
~planan"ott. - In this sub-sach·on, "bank transfer", in nlarion to a loan or a gift, mBans
transfer from dra account of the givsr to the account of the receiver, and such accounts ar.
maintained in a bank or a financial institution legally authortsed to operate accounts] Sirbl by P.A.
1011) o,,,,,.,,J,,.F:.A. }IJ1J
[(2JA) 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 traosferred 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 iu which such loan or gift was received aod shall be
classifiable under the head "income from other sources.
[(2 IB) Where any sum, shown as initial capital of business or profession in return of income filed under
section 82BB, is [transferred by a person partly or fully from thal business or profession within
the period of limitation] s.....,. r. .UOl>stipulated iu the said section, the sum so transferred shall be
deemed to be his income of the year iu which such sum was rnnsfened and shall be classifiable
under the head ..Income from other sources".] l111br•.A. >OIIJ~ 'JfA.ltJI
(22) Where an asseuee, being the owner of• house property, receives from any penon 10 whom such
house property or any part thereof is let out any amount which is not adjustable against the renl
payable, the amounr so received shall be deemed 10 be 1he inoome of the assessee for the income
year in whiclt ii is received and be clasoifiable under tbe head ''Income from house property":
Provided that at th• option ofth• asssssee such amount may be a/locarsd.forth• purpose of
assassm•nt in squal proportion to ths ysar in which such amount is rv.c.dv6d and ths four years
nm following:
Provided farthm- that whsre such amount or part thereof is rsfandBd by the assessee in a
subsequent income year the amount so refunded shall be deductBd in computing the income of
the assessee in respect of that tncome year.
[(22A) Where an assessee, being the owner of a house property, received, from any person to whom
such house property or any part thereof is let out, any amount exceeding taka 2 lakh other than
bank transfer which is adjustable against the rent receivable, the amount shall be deemed to be
the "Income from house property" of the assessee for the income year in which it is received:
40
Provided that whors such amount is received through bank transfer, th• amount shall bs
adjustlld witnin fiv« years ofter ths year of receipt or the period of agreement whichever is lower,
if after tire expiry of the aforesaid period such amount or any part thereof remains unadjusted,
the amount remained so unadjusted shall be deemed to be the "Incomefrom house property" of
the assessee in the income year in which such amountremains unadjusted.
Explanation: - In this sub-section, "bank transfer" means transfer from the account of the
giver to the account of the receiver, and such accounts are mainta.ined in a bank or financial
institution legally au.thorissd to operateaccounts.] w bf F.A 2019
(23) Where during any income year an assessee, being an exporter of garments, transfers to any
person, lhe export quota or any part thereof allotted to b.im by the Government, such portion of
lhe export value oflhe garments exportable against lhe quota so tranoferred u may be pn,scribed
for lhis purpose shall be deemed to be the income of lhe usessee for that income year,
classifiable under lhe bead "Income from business or profession".) "'-.,.'A. '"'
((24) Where a company, not listed wilh any stoclc exchange, receives paid up capital from any
shareholder during any income year in any other mode excepting by crossed cheque or bank
transfer, lhe amount so received as paid up capital shall be deaned to be lhe income of such
company for that iccceie year and be classifiable under the head "Income from other sources".]
S-1-"7f.A-"012
((25) Wher• an assessee, being a director of any company, makes any busin•ss tour abroad more than
twice in any income year and the expenses of which are claimed by the company as au
expenditure in its accounts, fifty per cent of such expenses excluding lhe expeases for the first
two tours shall be deemed to be the income of the assessee for the income ye.ar in which the tours
were made and such income shall be classifiable under the head "Income from other sources...]
Om.ilad.OJ r...... ?001
[[(26)Where an assessee, being a company, receives any amount as loan (from any olher person) ••••"r
r. A.,OU olherwise !ban by a crossed cheque or by baolc transfer, lhe amount so received shall be
deemed to be the income of such assessee for that income year in which such Joan was taken and
shall be classifiable under the head ..Income from other sources" [:] s-.11,-r.A. iot41aa. rs: 2011
[ ..Provided that whsrs ths loan or part thsr•ofr11fsrredto in thi.s sub-section is repaid in
a sub.sequent income }'•ar. th• amount so repaid shall bB dltducted in computing th• incomefor
that subssqufflty«zr'".] s•. \oy FA. 1014 nbaecp:udJ Om..itte4 byl.A. 2011
((27) Where an usessee, being a company, purchases directly or on hire one or more motor car or jeep
and value of any motor car or jeep exceeds ten percent of iu [paid up capital together with
reserve and occumulatedprofit) ,.,• .,. '· •· 2011, then fifty percem of lhe amount that exceeds snch
ten percear of lhe [paid up capital togelher wilh reserve and accumulated profit) ......,. '· •·
"" shall be deaned to be lhe income of such assessee for that income year classifiable under the
head "'Income from othtt sources ". JAMMl'.A. lOII
([(28) Where an assessee, being an individual, receives any sum or aggregate of sums exceeding talca
five lalcb as loan or gift from any other person otherwise lhan by a cressed cheque or by bank
transfer. the amount so received shall be deemed to be the income of such assessee for that
income year in which such loan or gift was taken and shall be classjfiable under the head"
Income from other sources";] sm.1>yf.A. 1012
{Pro>tded that nothing in this sub-section shall be applicable to a loan or gift from
spouse or parents if any banking or formal channel is involved in the process of such loan or
giftf.,. ...F.A.>Ol7]o-.10,F.A.2/Jtl
((29) Where an assessee, not being an assessee engaged in real estate business during any income year,
purchases on credit any material for the purpose of construction of building or house property or
its unit and fili1s to pay the sum or any part thereof representing lhe liability in respect of such
41
Compiled by: Masom Gazi In association with: Mab.mudul Hasan
purchase, the sum or any part thereof,(which has not been paid within rwo years from the end of
the income year in which the purchase was made, shall be deemed to be the income of the
assessee for the income year immediately following the expiry of the said two years and be
classifiable uoder the bead "Income from other sources] s.t..'by1·A. ?Ot5] s-.1,y !-"- 201'
[ (30) Where an assessee, in the course of any proceedings under this Ordinance, is found to have any
sum or part thereof allowed ordeducted but not spent in accordance with the provision of clause
(h) ofsub-section (!) of section 25 of this Ordinance, such unspent sum or part thereof shall be
deemed to be the income of such assessee for that income year classifiable under the head
''Income from house property J s.i... .,. '.A. 20"
((31) Where an assessee files a revised retum or an amended retum under sections 78, 82BB or 93 and
shews in such revised return or amended return any income that is subject to tax exemption or a
reduced tax rate [or any income derived from the sources mentioned in paragniph 33 of Part A of
the Sixth Schedule] 1iaa'7"PA 101•. so much of such income as exceeds the amount shown in the
original return shall be deemed to be income of the assessee for that income year classifiable
under the head •1ncome from other seurces.] 5-"1·~•.A. 101,
(Expla11arion. - For th• purpose of this sub..seclion tneom« that ls subf•cl to tax
,x1mptfonor a rsduc«I tax rat, does not fnclud, th, ,xelusfonsfrom 10101 inc.om, as m1ntfon.d
in Part A ofth• Sixth Schedul•;JwbfP.A.lOlt
((32) Where any payment made for acquiring any asset or constitutes any asset and tax has not been
deducted therefrom in accordance with Chapter Vll, such payment shall be deemed 10 be the
income of the person responsible for malting the payment under this Ordinance and classifiable
under the head "Income from other source" in the income year in which the payment was made.]
Wl,yI-"-!':11.9
[19A. Special tax treatment in respect of investmentin new industry. -

Notwithstanding anything contained in section 19 or in any other provision of this Ordinance, no
question as to the source of any sum invested by any person in a company for setting up of new
industry or physical infrastructure facility during the period between the firs! day of July 2009
and the thirtieth day of June 2010 (both days inclusive) shall be raised if the assessee pays,
before the filing of retum of income, tax at the rate of ten per cent on such sum invested and
submir a declaration to this effect as prescribed:
Provided that the provision of this section witl not apply in case where a concealment of income
has been detected and proceedings under section 93 have been initiated prior to payment of tax
under this secuca,
uplanation. - For the purpose of this section, •
(1) "new industry" means agro processing industry (fruirs processmg, baby corn pacl:ellng, fruit
Juice producing and rubber industry), textiles, spinning, textile machinery, garments, leather
goods, roys, furniture, information technology enabled services (ITES),drugs and
pharmaceuti cals, light engineering, melamine. plastic products. «ramies, sanitary ware. steel
from iron ore, MS rod, Cl sheet, fertilizer, insecticide. pesticide, computer hardware, petro
chemicals, agricultural machinery, boilers, basic raw materials of drugs, chemicals and
pharmaceuticals, compressors, ship building, diamond cutting industry, shrimp processing
indnstry, milk processing industry, accumulator and battery industry, tour operators, energy
saving bulb producing industry, industry producing jute goods, recycling industry, herbal
medicine • basic chemicals and dyes, cosmetics and toiletries, tourism industry. foot wear.
MS billet and auy other category of industry as the government may by notification in the
official gazette specify,
(b) "Physical Infrastructure facility" means river or sea-port, container terminals, internal
container depot, contaiuer freight station, Liquefied Natural Gas (LNG) terminal and
42
tnnsmissioo line, Compressed Natural Gas(CNG) terminal and transmissioo line, gas pipe
line, flyover, elevated road, mono-rail, underground rail, telecommunication other than
mobile phone, large water treatment plant and supply through pipe line, waste treatmeot
plant, solar energy plant and any other category of physical infrastructure facility as the
govemmecr may by notification in the official gazette specify J °""""
br r. '- 201•
[19AA... Special tax treatment in certain cases of investment. -
Notwitbs1anding anything contained in this Ordinance, no question as to the source of any sum
invested by any person in the expansion or balancing, modetuisation, renovation and extension of
an exi•ting industry during the period between the flrst day of July 2009 and the thirtieth day of
June, 2010 (both days inclusive), shall be raised if the assessee pays, before the filing of return of
income, tax at the rate of ten per ceut on such rum invested.] 0.-.."7r A. »1•
(19AAA. Spt"cial tas treatment io respect of investment in the purchase or stocks and shares ..
Notwtthswulmg anything contained iu this Ordioanoe, no question sball be nised as to the

source of any sum iavested by an assessee, being an i.ndivtdual, ~ association of persons or a
prh .. te limited company between the first day of July 2009 aod the thirtieth day of June, 20 IO
(both days inclush'e) in the purchase of stocks and shares of a company listed with any stock
exchange in Bangladesh if the assessee pays. before the filing of rerwu of income, tax at the rate
of ten per cent on such sum invested:
Provided that the provisions of this clause shall not apply in respecr of sharBS so purchased
which are transferred within one yearfrom the date of their purchase] 0....-.,F.A. >OIO
[19AAAA. Special Tax Treatment in respect ofinvestment in Securities. -

(I) Notwithsbmding anything contained in this Ordinance or any other law for the time being in force,
no question as to the source of any sum invested in securities by an inditidual assessee during the
period between the Cina day of July, 2021 and the thirtieth day of June, 2022 (both days inclusive)
shall be raised by any authority if the assessee pays tax at the rate of tweary-five persenl (25%) on
such investmear -..ithio thirty days from the date of such inYestment.
(2) Along with the tax paid under sub-section (I), au amount of penalty of five percent (5%) shall be
payable on the computed tax under subsection (I).
(3) In respect of ruch investment, tax shall only be payable by pay order or automated challan, as the
case may be, and a declaratioo in the prescribed form shall be made and $Ubmitted to the respective
Deputy Cornmimooer of Taxes.
(4) Where any ruch sum 111,-ested is withdrawn from the capital market ,.,Ihm
one year from the day of
such m,·estment, m addr11onal amount of penalty at the nte often percent (10',) oo such w,thdrawn
amount shall be payable by him at the time of assessment.
(S) The Provis,oos of this section shall not apply to cases where any proceeding under any provision of
this Ord.imnce or any other law has been drawn on or before the day of making such investment.
Eaplanatien, - for rbe purpose of this section securities mean stocks, sbares, mutual fund units,
boods, debentures aod other securities of the companies listed in and approved by the Bangladesh
Securities and Exchange Commission and all other government securities a.od bonds tradable in the
capital marlcet.
19AAAAA Special Tax Treatmenr in respect of undisclosed property, cash, etc. -

(I) Notwitbs1anding anything contained in this Ordinance or any other law for the time being in force,
no question as to the source of any undisclosed movable property and immovable property shall be
raised by any authority if an individual assessee pays, before the submission of return or revised
43
return of income during the period between the first day of July, 2021 a:nd the thinieth day of June,
2022 (both days inclusive), tax at the rate specified in the following tables:
Table- I
Serial
No.
Descriptionof the Property I Rate of tax
(I) (2) (3)

I. Land situated in the area of Gulshan Model Town, Baoani, Baridbara, tab twenty
Motijheel Commercial Area and Dhlkusha Commercial Area of Dahka thousand per square
meter
2. Land situated in the area of Dhanmandi Residential Area, Defence tab fifteen
Oflicen Housing Society (OOHS), Mohakhali, Lalmatia Ho,,.ing thousand and five
Society, Utton, Model Town, Pwtachal, Bashundhara Residential Area, hundred per square
Dhaka Cantonment, Sidbeshwary, Kawran Baur, Bijoyuagar, Wm, meter
Segunbagicha, NtkunJa of Dhaka, and Panchlaish, Khulslll, Apbad
andNasinbad Area of Chittagong
3. Land situated in the area of ;,y City Corporation other than area, tab fi,,e thousand
mentioned in serial nos. I and 2 per square meter
4. Land situated in the area of a Paurasabha or any district headquaners taka one thous.and
and five hundred per
square meter
5. Land situated in the are.a other than the areas mentioned in serial nos. 1, taka five hundred
2,3and4 per square meter
Table-Z
Serial
Description of the Property Rate of tax
No.
(I) (2) (3)
I. Building or apartment, the plinth area of which does not exceed two tab four thousand
hundred square meter, situated in the area of Gulshan Model Town, per square meter
Banani Baridbara, Motijheel Conunercial Area and Di1kusha
Commercial Area of Dhaka
2. Building 0< apartment, the plinth area of which exceeds two hundred Tab six thousand
square me~. situated in the area of Gulshan Model Town, Bawu, per square meter
Baridbara, MotiJheel Commercial Area and Oilk'1$ha Commercw Area
of Dhaka
3. Building or apartmt<>t, the plinth in the area of which does not exceed tab three thousand
two hw:tdred square meter, situated in the area ofDhanmandi Res1detatial per square meter
Area, Defence Officers Housing Society (OOHS), Mohakhali, Lalmatia
Housing Society, Utlllra Model Town, Bashuodhara Residential Area,
Dhaka Cantonment, Sidheshwary, Kawran Bazar, Banasree, Bijaynagar,
Wari, Segunbagicha, Nikunja of Dhaka, and Panchlaish, Khulshi,
Agrabad and Nasirabad Area of Chittagong
4. Building 0< apartment, the plinth area of which exceeds two hundred tab three thousand
square meter, situated in the area of Dhanmaodi Residential Area, five hundred per
Defence Officers Housing Society (OOHS), Mobakbali Lalmatia square meter
'
Housing Society, Uttara Model Town, Bashuudhara Residenlial Area,
Dhaka Cantonment, Sidheshwary, Kawran Bazar, Banasree, Bijoyuagar,
Wari, Segunbagicha, Nikunja of Dhaka, and Paochlaish, Khulshi,
44
Serial
Descriptionof the Property Rate of tax
No.
(I) (2) (3)
Agrabad and :Sasirabad Area of Chittagong
5. Building or apanment, the plinth area of which does not exceed one taka seven hundred
hnndred and twenty square meter, situated in the area of any City per square meter
Corporationother than areas mentioned in serial nos. I, 2, 3 and 4
6. Building or apartment, the plinth area of which exceeds one hundred and taka eight hundred
twenty square meter, but does not exceed two hundred square meter, and fifty pet square
situated in the area of any City Corporation other than areas mentioned meter
in serial nos. I, 2. 3 and 4
7. Building or 1partment, the plinth area of which exceeds hvo hundred taka one thousand
squore mete<', situated in the area of any City Corporation other than and three hundred
areu menboned in serial nos. I, 2, 3 and 4 per square meter
- - ~ - - .
8. Buildang or opu1ment, the plinth area of which does not exceed one taka three hundred
huodred and twenty square meter, ai!ID!ted in the area of I P1unsabha of per square meter
any district headquarters
9. Building or apartment, the plinth area of which exceeds one hundred and taka four h,mdred
twenty square meter but does not exceed two hundred square meter. and fifty pet square
situated in the area of a Paurasabha of any district headquarters meter
10. Building or apartment, the plinth area of which exceeds two hundred taka six hundred
square meter, situated in the area of a Paurasabha of any district per square meter
headquantts
11. Building or apartment, the plinth area of which does not exceed one taka two hundred per
hundred and twenty square meter, situated in the area other than the square meter
areasmentionedinserialnos. 1, 2, 3,4, 5,6, 7, 8, 9and 10
12. Building or apartment,the plinth area of which exceeds one hundred and taka three hundred
twenty square meter but does not exceed two hundred square meter, per square meter
situatedin the area other than the areas mentioned in serial nos. 1, 2, 3,4,
5, 6, 7, 8, 9and 10
13. Building or apartment, the plinth area of which exceeds two hundred taka five hundred
sqNre meter, $ituated in the area other than the areas mentioned in serial per square meter
nos. I, 2, 3, 4, 5, 6, 7, 8, 9 and 10
-
Table-3
Serial
-
Descrip11onof the Property Rate of tax
No.
(1) (2) (3)
I. Cash, bank deposits, financial schemes and instruments, all kinds of twenty five percent
deposits or saving deposits. saving insttuments or certificates of the total amount
(2) Along with the tu paid under sub-section (1), an amount of penalty of fh-e percent (5%) shall be
payableon the computedtax under subsection (1).
(3) The provisionsof this section shall not apply to cases where any proceeding under any provision of
this Ordinance or any other law has been drawn on or before the day of submission of retrun or
revisedrerum.
(4) Tax under this section shall only be payable by pay order or by automated challan, as the case may
be.) """'"'1.,.
f A 2122
45
[19A..UAAA. Special Tu Treatment in respect ef investment in new industrial undertaking. -

(I) Notwithstanding anything contained in this Ordinance or any other law for the time being in force,
no question as to the sonrce of any sum, if invested in between first day of July, 2021 and thirtieth
day of June, 2022 (both days inclusive), in new industrial underlakmg shall be raised by any
authority if an individual pays on or before the thirtieth day of June, 2022, tax at the rate of ten
percent (10%) on the sum so invested.
(2) Tax under this section shall only be payable by pay order or by automated challan, as the case may
be.) wbyfAl<>lJ
(19B. Special tu tffatment in respect of invrstment in housr prcperry. -

Notwilh>tuding anything contained in this Ordinance or any other law for the time being in
force, uo question as to the source of any sum invested by any penoo. in the construction or
purchase of any building or apartment shall be raised if the assessee pays. before the assessment
is completed forthe relevant assessment year, tax at tbe rate or-
(1) tab lbtee hundttd per square meter in 1he case of a building or apartment the plinth area of
which does not exceed two hundred square meter for the area of Gubban Model Town,
Banani, Buidbara, Defence Officers Housing Society (OOHS), Dhanmondi Residential
Area, Lalmatia Housing Society, Uttara Model Town, Bashundhara Residential Area, Dhaka
Cantonment, Motijheel Commercial Area, Dilkhusha Commercial Area, Kawran Bazar
Commercial Area of Dhab and Khulshi Residential Area, Panchlaish Residential Area of
Chittagong;
(b) !aka five hnndred per square meter in the case of a building or apartment the plinth area of
which exceeds two hnndred square meter for the areas mentioned in clause (a);
(c) tal:a two hundred per square meter in the case of a building or apartmenl the plinth area of
which does not exceed two hundred square meter for the area other than the areas mentioned
in clause (a);
(d) tab three hnndred per square meter in the case of a building or apartment the plinth area of
which exceeds two hundred square meter for the area other than the areas mentioned in
clause (a)] a11,y1.A. l999 aod:nabuqa•lfrOw.itt-4bf F. A. 2001
[19BB. Sprcial tu trratm,nt in respect of iuvesemeut in land prop,rty..

Notwilh>tuding anything contained in this Ordinance or any other law for the time being in
force, no quesbon as to the source of any sum invesled by any person m purchasing of any land
shall be raised if the assessee pays, before the assessmenl u completed for the relevant
usessment year. tax at the race of3 (seven and halfperceut] of the deed value of the said land.)
ID1"1'f A~ t ; .,.o.wd"1f.A.2001]
[19BBB. Sptti.al ta.i: trtatmtnt rt-garding invtstmtnt in motor vthiclt:i: -

Notwithstanding anything contained in this Ordinance. no question as to the source of any sum
invested by any person in purchasing of motor vehicle, not plying for hire, shall be raised if the
assessee pays r.a.., at the following rate. at the time of registration of the motor vehicle or before
the assessment is completed for the relevant year.] bu\lorf.A.1C04,~Cllt:ilud.ltif1 .. "-2007
[19BBBB. Special tax treatment in respect of investment in house property. -

Notwithstmding anything contained in this Ordinance, no question shall be raised as to the
source of any sum invested by any person during the period between the firs! day of July 2009
and the thirtieth day of June, 2010 (both days inclusive) in the conslruction or purchase of any
46
building or apartment if the assessee pays. before the assessment is completed for the relevant
assessment year. tax at the rate of -
(a) tal:a eight hundred per square metre in the case of a building or apartment the plinth area of
which does not exceed one hundred square metre for area of GuJshan Model T owo, Banani,
Baridhara, Defence Officers' Housing Society (DOHS), Dhanmondi Residential Area,
Lalmatia Housing Society, Uttara Model Town, Bashundhara Residential Area, Dhaka
Cantonment area, Motijheel Commercial Area, Dilkhusha Commercial Area, Kawran Bazar
Commercial Area of Dhaka and Khulshi Residential Area, Panchlai.sh Residential Area of
Chittagong ;
(b) tal:a one thousand per square metre iu the case of a building or a~ent the plinth area of
which exceeds one hundred square metre but does not exceed two hwidred .square meter for
areas malhonecl in clause (a);
(c) tab one thousand five hundred per square metre in the case of a building or apartment the
plinth area of which exceeds two hundred square metre for areas menhoned U1 clause (a);
(d) tab four hundred per square metre ,n the case of a buildUlg or apartment the plinth area of
which does oot exceed ooe hundred square metre forareas ot.htt tha.n the atta.s mentioned in
clause (a);
(t) taka six hundred per square metre in the case of a building or apartment the plinth area of
which exceeds one hundred square metre but does not exceed nvo hundred square metre for
areas other man the areas mentioned iu clause (a);
(f) tal:a one thousand per square metre in the case of a building or apartment the plinth area of
which exceeds two hundred square metre for areas other than the areas mentioned in clause
(a): Provided that the provision of this section will apply to a single flat or apartment or any
one floor of a building.) tu Of F. A. 2009. Rbc.q·=1ly Om...-t?Nt,yF. ,\.2010
[19BBBBB. Special tax treatment in respect of investment in (residential) o.m.,.,. '-'· mt building,
apartment. -
(1) Noti>ithstanding anything contained in this Ordinance, source of any sum invested by any
person, in the construction or purchase of any [building) ... .,.,.A.,.,.
or apartment, shall be
deemed to have been explained if the assessee pays, before the assessment for the relevant
assewnent year in which the investment is completed, tax at the following rate -
(a) for building, apartment situated in the area of Gulshan Model Towe, Banani, Baridhara,
Motijheel Commercial Area and Dilkusha Commercial Arca of Dhaka-
(i) tal:a four thousand per square meter in the case of a building or an apartment the
plinth area of which does not exceed two hundred square meter;
(il) taka five thousand per square meter in the case of a building or an apartment the
plinth area of which exceeds two hundred square meter;
(b) for building or aparb:ntnl situated in the area of Dhanrnandi R.e-sidential Are.a.. Defence
Officen Homing Society (DOHS), Mahakhali, Lalmatia Housing Society, Uttara Model
Town, Bashundhara Residential Area, Dhaka Cantonment, Kawnn Bazar, Bijaynagar,
Segunbagicha, Nikunja of Dhaka, and Panchlaish, Khulshi, Agnbad and Nasirabad Area
of Chattogram-
(i) taka three thousand per square meter in the case of a building or an apartment the
plinth area of which does uot exceed two hundred square meter;
(il) taka three thousand and five hundred per square meter in the case of a building
or an apartment the plinth area of which exceeds two hundred square meter;
(c) for building or apartment situated in the area of any City Corporation other than areas
mentioned in clauses (a) or (b)-
47
(i) taka eight hundred per square meter in the case of a building or an apartment the
ptimh area of which does uot exceed one hundred and rwenry square meter;
(ii) taka one thousand per square meter in the case of a building or an apartment the
plinth area of which exceeds one hundred and tweoty sqnare meter but does not
exceed two hundred square meter;
(iit)taka one thousand and five huodred per square meter in the case of a building or
an apartment the plinth area of which exceeds two hundred sqnare meter;
(cl) for building or apartment situated in the area of a Paunsabha of any district
headquarters-
(i) taka three hundred per square meter in the case of a building or an apartment the
plinth area of which does uot exceed one hundred and twenty square meter;
(ii) taka five hundred per square meter in the c.. e of a building or an apar1ment the
plinth area of which exceeds oue hundred and tweoty square meter but does not
(iit) taka seven hundred per square meter in the case of a building or an apat1meot the
plinth area ofwhicb exceeds two hundred square meter;
(•) for building or apartment situated in the area other than the areas mentioned in clauses
(a) to (d)-
(i) taka two hundred per square meter in the case of a building or an apartment the
plinth area of which does not exceed one hundred and rweory square meter;
(ii) taka three hundred per square meter in the cue of a building or an apartment the
plinth area of which exceeds oue hundred and tweoty sqnare meter but does not
(iit)taka five hundred per square meter in the case ofa building or an apar1ment the
plinth area of which exceeds two hundred square meter;
(2) The rate of tax mentioned in sub-section (I) shall be tv.enty per cent higher in case where the
assessee already owns a building or an apar1ment in any City Corporation before such
investment is completed; or the assessee makes such iavestmeat in two or more buildings or
apartments.
(3) The rate of tax mentioned in sub-section (I) shall be one hundred per cent higher in case,
where-
(•) a notice under section 93 has been issued before submission of such retwn of income
for the reason that any income, asset or expendi:tun has been concealed or any
income or a part thereof has escaped assessmeat;
(b) a notice under clause (I) of section 113 ha.s been issued before submission of such
ttlum of income;
(c) any proceeding under sections 164, 16S or 166 bas been initiated before submission
of such ttlurn of income.
(4) The provision of this section shall not apply where the source of such innstment, made by
the assessee for the construction or purchase of such [building] ..._.,.,.A.,..,.
or apar1ment is-
(a) derived from any criminal activities under any other law for the time being in force;
or
(b) not derived from any legitimate source.) SebJF.A. ""
[19C. Speeial tu treatm,nt in respect of investment in the purchase of bond under Bangladesh
lnfrastruc.ture Finance Fund, -
Notwithstanding anything contained in any other provision of this Ordinance, no question as to
the source of any sum invested by any person in the purchase of bond issued or caused to be
issued under Bangladesh Infrastructure Finance Fund during the period between the first day of
48
July, 2010 and lhinieth day of June, 2012 (both days inclusive),shall be raised if the assessee
pays, before the filing of return of income for the relevant income year. ta."t at the rate of ten per
cent on such sum invested.] WbJP"..A.1010
[190. Special Ill treatment in respect of investment in the pnrchase of Bangladesh Government
Treasury Bond. -
Notwithstanding anythlng contained in any other provision of this Ordinance, no question as to
the source of any sum invested by any person, being an individual, in the purchase of Bangladesh
Go,·emment Treasu,y Bond shall be raised if such person pays, before the filing of return of
income for that income year as per provisions laid down in sub-section (2) of section 75, tax at
the rate ofteo per cent on such sum invested.] hu .... M(..,.,..,_1.A..2011 "' 1 .,._...'1,.A.201+
(19DD. Special tu t".atment in respect of Investment in .E-conomic Zon.t or Hi;.Teeb Parks.
Notwithstanding anything contained in this Ordinance or any other law for the time being in
force, no question shall be raised as to the SOW'Ce of any sum in\"eS'ted in any economic zone
'"tit"~"'""""~
declared Wider section 5 of 4il:'llt+i~ ,o)o (,o)o"""' h ~ ~ or in any hi-
tech park declared under section 22 of~t~-~ ~"'f'I"'~ ,o)o (,o)o 'lt>r.T Ir~~
for setting up industrial undertaking engaged in producing goods or services therein within the
period from the lint day of July, 2019 and the thirtieth day of June, 2024 (both days inclusive)
by a company, if tu at the rate often per cent is paid on the sum so invested before filing of the
return for the concerned income ye.ar.] Jiu bf P.A.1019
[19E. Voluntary disclosure of income. -

(!) Notwilhs1anding anythingcontained in this Ordinance, any person-
(a) who has not been assessed to tax for previous assessment y= or years and he has not
submitted retwn of income for those year or years may disclose such income in the
respective heads of income in the returnof income along with the income for the current
assessment year; or
(b) who bas been assessed to tax for previous assessment year or years any income has
escaped assessment in those assessments or the amount of income assessed is less than
the actual income, may disclose that income for respective huds of income in the return
of income along wilh the income for the CU1Tent auessment year.
(2) Rerum of income mentioned in sub-section (I) shall be treated as ,,alid, if-
(a) the assessee pays before the submission of return-
(i) tu payable at applicable rate ou total income including such income under
respective beads of iuoome; and
(ii) penalty at the rate of ten percent of tax proportionate to such income under
respective heads of income;
(b) the rerum of income is submitted within the time specified in sub-section (5) of
section 75; and
(c) a declaration is enclosed with the return of income in respect oflhe fellowing:
(i) name of the person declaring;
(ii) bead of the declared income and amount thereof; and
(iii)amount of tax and penalty paid thereof.
(3) The provisionof this section shall not apply, where-
49
Compiled by: MastlID Gazi In association with: Mahmudul Hasan
[(a) a notice uoder section 93 has been issued beforesubmission of such return of income
for the reason that any income, assets or expenditure has been concealed or any income
or a pan thereof has escaped assessment.] Si:.b,. by r_-..1011
(b) a notice on a banking company under clause (f) of section 113 has been issued before
subtois.sion of such return of income;
(c) any proceeding under sections 164, 165 or 166 bas been initiated before submission
of such retum of income; [or] o..ittodt,yF.A. 201}
(cl) Any income declared under this section is-

(i) Not derived from any legitimate source of income; or
(it) derived from any criminal activities under any oilier law for the time being iu
force(; or) ......,.,.A.1ou
((e) any income declared under this section which is -
(i)exempted from tax in the concerned income year; or
(it) chargeable to tax at a reduced rate in accordance with s«tioo 44 of this
Ordinance] '"'· >r PA 20"
(4) the income shown under this section may be invested in aoy income generating activities or
any sector including the following:
(a) industrial undertaking including its expansion;
(b) balancing. modernization. renovation and extension of an existing industty;
(c) building or apartment or land;
(cl) securities listed with a stock exchange in Bangladesh; or
(e) uy trade, commercial, or industrial venture engaged in production of goods or
services.] Sllh.boJf-"- 2011
[19F. Special Tu Treatment in respect of undisclosed offshore assets. -

(I) Notwithstanding aoything contained in this Ordinance or any other law for the time being in
force, no question as to the source of the undisclosed asset located outside of Bangladesh shall
be raised by any authority if an assessee pays, before the submtssion of retum of income
applicable for the assessment year 2022-2023, tax at the rate $J>Killed in the following table:
Table
Description of the A..s,,t Rate of tax
&J.y cub or cas.h equivalents. bank depos1ts bank notes. bank accounts.
1 7e,1c,
convertible secunbes and financial instiuments if repatnated to Bangladesh
through baolang chuoel
(2) Where an assessee repatriates any sum from abroad under the scbeme of lh1J secnon, the
bank responsible for credmng 10 the account of the assessee shall deduct tax ,n accordance
mth sub-secuon (I) before crediting and give a certificate of such deduction to the
assessee,
(3) Subject 10 sub-section (2), tax under this section shall only be paid by automated challan.
(4) The provisions of this section shall not apply to cases where any proceeding has been
drawn on account of tax evasion or criminal activities under any provision of this
Ordinance or any other law by thirtieth June, 2022.
(5) For the purpose of this section, "return" shall include amended rerum under section 82BB
or revised return under section 78 and be submitted by thirtieth clay of June, 2023.
50
19G. Penalty for any offi:hott asset not disclesed in the return. -
(1) Without preiudice to any other liability which may incur uoder auy other provision of this
Ordinance and any other law for the time being in force, where any person being a resident
Bangladeshi is foood to be the owner of any offshore asset not disclosed in the retum and the
assessee offers no explanation about the nature and source thereof or the expla-o.ation offered is
not satisfactory, the Deputy Conunissioner of Taxes shall, after ensuring a reasonable
opportunity of being heard, proceed to recover from such person the amoum of penalty equal to
the fair value of such offshore asset.
(2) The Deputy commissioner of Taxes shall have the authority to recover the penalty under this
section by confiscating or selling auy asset held by or ou be.balf of the assessee.
(3) The Deputy of Commusiouer of Taxes shall have the power to conduct an offiliore
mvesbgabou. wbere he has reason to believe that ao asses.see has offl.hore assets not disclosed
LD tbe return.
(4) To prevent holdmg unduclosed ombore asset and to recover such undisclosed asset, the Board
shall ha,·e the power to-
(1) take neeessary action as it deems fit; or

(b) allow, conduct, pennit .. arrange an inquiry or iavesngence by any tDCome tax authority
not being below the rank of Deputy Commissioner of Taxes.] '*'"'-'·""
51
CHAPTERV
COMPUTATION OF INCOME
?0. Heads of income. -
Save as otberwise 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 tbe following heads of
income, oamely: -
(a) Salaries.
(b) Interest on securities.
(c) Income from house property.
(d) Agricultural income.
(e) Income from bus in... or profession.
(I) Capital gains.
(g) Income from other sources.
21. SalariH. -
(I) The following income ofao assessee shall be classified and computed noder 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 io the income year, by or OD 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 OD 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 amouot
shall not again be included in his income of any other year.
22. Interest on securities. -

The following income of an assessee shall be classified and computed under the bead "Interest on
securities". namely: -
(a) interest receivable by the assessee on any security of the Government or any sec.urity approved
by Government; and
(1>) interest receivable by him oo debentures or other secwities of money issued by or OD behalf of a
local authority or a company.
13. Dtductions from tarerese on securities. -

(1) In computing the income uoder the head ''Interest oo securities", the following allowances and
deduction shall be made, namely: -
(a) any sum deducted from interest by way of commission or charges by a bank realising the
interest on behalf of the assessee;
(b) any interest payable on money borrowed for the pwpose of investment in the securities by the
assessee:
Provided that no allowance or deduction 011 account of any interest or commission paid under
clause (a)or (b), as the case may be, ill respect of, or allocable to the securities of Government
which have been issued >+ith the condition that interest thereon shall not be liable to tax, shall be
made in computingthe income under section 22;
[(c) where the securities in respect of which any interest is receivable by aa assessee consist of,
or include, any secwities to which paragraph 19 of Part B of the Sixth Schedule applies, no
52
aUo\\rance 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 said securities shall be made in computing the
income under section 22.JO=u:.tbff.A.199,
(2) Notwilhs1anding anything contained in sub-section (1), no deduction shall be allowed under this
section in respect of any interest payable outside Bangladesh on whicb tax bas not been paid or
deducted in accordancewith the provisions of Chapter VII.
24. Income from house property. -

( 1) Tax shall be payable by an assessee under the bead "Income from house property" in respect of
the annual value of any property, whetherused for commercial or residential purpcses, consisting
of any building, furniture, fixture, fittings etc. and lands appW1eoant thereto of which be is the
owner, other Iha.a sucb pcrtions of the property as be 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 p,operty as is referred to in sub-sectioa (1) is owned by two or more persoo.sand
their respective shares are definite and ascertainable, sucb persons shall not constitute and shall
not be deemed to be, an association of persons; and for the pwpose or computation of the ineome
o.f an assessee in respect of lb.at property, only such part of such income as is proportiona
te to the
share of the assessee shall be reclc.oned as his income from tll.at property.
25. Dt-durtions from inromt- from house- property. -

(1) In computing the income under the bead "Income from house property" the following allowances
and deductions shall be made, namely: -
(a) any sum payable to Government as land development tax or rent on account of the
land comprised in the property;
(b) lhe amount of any premium paid to insure the property against risk of damage or
des12Uction;
[(c) any sum spent to collect the rent from the property, not exceeding two and a half per
cent of the annual value of the propertyJ0 "'""'"''·A. ""
(d) where the property is subject to mortgage or other ca.pita! cbarge for the purpose of
exte:osion 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 ca.pita! charge, the
amount of such charge;
E:xplanaffon. - Th« aprosslon "annual charg•", as wsod In this claus•, lnclud,s
any tax lmabl•, In rrsp«I of property or tncom« from proporty, by local authority or
Gov•mm,nt bur do«s not include th, tax l6Vfabl• 11nd,rthis Ordinanc•;
(I) where the property is subject to a ground rent, the amount or such rent;
(g) where the property has been acquired, constructed, repaired, renewed or
reconstructed with borrowed capital, (from bank or financial institution] Addod "1 P.A.
2014 lhe amount ohny interest payable on sucb capital[(;)).......,., ..._.,..,
{Provided that where the property or a portion tnereof is self occupied and
acquired, constructed, renewed or reconstructed with borrowed capital, the amount of
any interest, payable on such bom,wed capital not exceeding raka twenty /alrh, shall be
deducted from total income.] O.ratdby P.A. XJ/1
(gg) Where the property bas been constructed with borrowed capital [from bank
or financial institution] Addad br f.A. 2014 aud no income under section 24 was earned from
that property during the period of sucb construction, the interest payable during that
53
period on such capital, in three equal proportionateinstalments foe subsequent first three
years for which income is assessable from that property;
(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 fow1h of the annual value of the property where the
property is used for residential perpose
(it) an amount equal to thirty per cent of the annual value of the property where
the property is used for commercial pwpose;
[(i) where the property is in the occupation of a tenant who has undertaken to bear the
cost of repairs, a sum equal to the difference between the annual value of the property
and the rem payable by the tenant subject to the maximum of 4[cme-sixth]of such value]
o.....,r.A.1tt2
(j) where, the whole of the property is let out and it wu vacanl during a part of the year,
a sum equal to such portion of the annual value of the property as i.s proportionate to the
period of the vacancy; and
(k) where, the property is let out in parts, a sum equal to such portion of the annual value
appropriate to the vacant part as i.s proportionate to the period of the vacancy of such
part.
(2) Notwithstanding anything contained in sub-section (1 ), no deduc1ion shall be allowed under this
section in respect of any interest or annual charge payable outside Bangladesh on which tax bas
not been paid or deducted in accordance with the provisions of Chapter VII.
[(3) The total amount deductible under sub-section (I) in respect of the property in the occupation of
the owner for purpose of his own residence shall not exceed tbe annual value of such property as
determined under section 2(3)] °""""'"'· ·"- ""
:?6. Agricultur-aJincome. -
(1) Tbe following income of an assessee shall be classified and computed under the head
"Agriculturalincome", 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 tbe Board, by notification in the official Gazette, so directs, agricultural income from the
sale of rubbtt, tobacco, sugat or any other produce grown and manufactuttd by the assessee may
be computed in the manner prescribed for the purpose.
27. Deduettens from agricultural income. -

(1) In computing the income under the bead "Agricultural income", the following allowances and
deduc1ions shall be made, namely: -
(a) any land development tax or rent paid in respect of the land used for agricultural
pwposes;
(b) any tax, local rate or cess paid in respect. of the land used for agriculturalpurposes, 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;
54
(c) (i) subject to sub-clauses (ii) aud (iii), the cost of production, that is to say, the
expeoditure incurred for the following purposes, namely: -
(•) for cultivating the land or raising livestock thereon;
(b) for performing any process ordinarily employed by a cultivator to render
marl.:etablethe produce of the land;
(c) for transportiog the produce of the land or the livestock raised thereon to the
marl.:et; 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 boob of accounts in respect of agricultural income derived from the laud
are not maintained, the cost of production to be deducted sh.all, instead of the
expenditure mentioned in sub-clause (i). be sixty per cent of the market value of the
produce of the land;
(ili) 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 kno\Vll as adhi,
barga or bhag;
(d) aoy 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 laud from which agricultural income is derived or for
the purpose of deriving agricultural income from the land, if the required particulars are
fumished by the assessee;
(g) where the land is subject to a mortgage or other capital charge for purposes of
redam.ation or improvement, the amount of any interest paid in respect of such mortgage
or charge;
(b) where the land has been acquii'ed, reclaimed or imp<o,·ed by the use of borrowed
capital, the amount of any interest paid in respect of such capi1al.;
(i) where any machinery or plant which ha.s 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 aocouut in the books of accounts or the asses.see, ~
(i) subject to the maximum of the amount by which the written do\Vll value of the
machinery or pl.ant exceeds the scrap value thereof if oo insurance. salvage or
compensation money has been received in respect of soch 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;
(D wbere 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
55
(k) my other expenditure, not being in the nature of capilal expenditure or personal
expeoditure, laid out wholly and exclusively for the pwpose of deriving agricultural
income from the land.
(2) Notwithstanding anything contained in sub-section (I), 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.
18. Income from business or profession. -

(I) The followiag income of an assessee shall be classified and computed under the head "Income
from business or profession", namely: -
(•) profits and gains of any business or professioncarried ou, or deaned to be carried on, by the
usessee at any time during the income year;
(b) income derived from any trade or professional association or other association of like nature
on account or specific services perfonned 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;
(cl) the amount, the value of the benefit and the u·ading liability referred to in section 19(15);
(•) 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);
(h) the amount of income under section 19(23) [;
(i) the shortfall of capital referred to in sub-section (12) of section 82BB.] ..._..,.,_._ 202•
Explanation. - Wltsre 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, -
(•) the profits and gains of any business of insurance and the wt payable thereon shall be
computed in accordance with the provisions of the Fowth Schedule;
(b) the profits and gains from the exploration aud production of petroleum (including natural
gas) and the tax payable thereon shall be computed in accordance "'ith the provisions of Part
A of the Fifth Schedule;
(c) the profits and gains of any business which cousi•.ts 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 Govemmeat, carried on by an assessee in
Banglaclcsh shall be computed in accordance with the pro,isions of Part B of the Fiflh
Schedule.
(3) Notwithstmdiog anything to the contrary contained in any other provisions of this Ordinance, in
the case of [Bangladesh Development Banlc Ltd.)'""'·"" '· "- "'" , Investment Corporation of
Bmgladesh(, any fimncial institution] .,,,..,.•·A.''"' md my commercial bank including the
Banglaclcsh 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 c.lassify in the
income yearin 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.
29. Deductionsfrom income from business or profession. -

(I) In computing the income under the head "Income from business or profession", the following
allowances and deductions shall be allowed, namely: -
(i) the amount of any rent paid for the premises in which the business or profession is carried on:
56
Provided that if a substantial part ofths premises is uslld by th• assessee as a dwelling-
house, th• amount shall be a proportionate part of tne rent having rBgard to th« proportionate
annual value of the part so used;
(ii) the amoWll paid for the repair of the hired premises in which the business or profession is
carried on iflbe assessee has undertaken to bear the cost of such repair,
Provided that if a substantial part of the premises is used by th• assesses as a dwelling-
house, the amount shall be a proportionate part of the sum paid for such repair having regard to
the proportionals annual value of the part so used;
(iii) the amoWll 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;
Pn»1dBdthat ifa.ny part of such capital relates to re;plBnishing the cash or to any other
asset transf~ to any oth•r entity, wh•n lBndi,ig ofmon,y is not tM busin..ssoftransf•ror, th•
amount shall b• propartionar, part of th, lnt,r,st so poid or th1 profit so shar,d having r1gard
to rh, proportion of such capital so used;
(iv) any sum paid or aedited 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 bani: in
respec:1 of the said account or deposir;
[(v) an amount not exceeding five percent of the total income carried to any special reserve
created by such financial institution and for such purposes as IDllY be approved by the
Gevernmeat in this behal.f.if the aggregate amount standing in such reserve does not exceed the
paid up share capital of the institution;] o,,;,,.,byF.A. "22
(vi) the amount paid on account of current repairs to buildings. machinery, plant or furniture used
for the purposes of the business or profession;
(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, plan! 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 (or bridge or road or fly over owned by a physical infrastructure undertaking] .,..,
r.s: 2010 and used for the purposes of business or profession, the allowances as admissible under
the Third Schedule;
[(,ilia) in respect of amortization of license fees as admi.uible unda the Third Schedule;] 5""· by
l.A. lOlJ
(ix) in the case of a ship, being a passenger vessel plying ordiJwily on inland waters, or a fishing
trawler, which is entitled to a special depreciation allowance unda paragraph S of the Third
Schedule, an investment alJowance. ofan amount equivalent to twenty percent oftbe origin.al cost
to the assessee for the year in which the ship or the trawler is fin1 put to use for public utility;
[(x) in the case of any IDJlchinery or plant (other than office appliances and road transport
vehicles) which rs entitled to accelerated depreciation unda paragraph 7 of the Third Schedule,
an investmear allowance. for the year in which the undertaking starts commercial production. at
the following rates, namely: -
(a) if the undertaking is set up in areas an amount equivalent to 25 percent of the actual
specified in this behalf by the Board, cost to the assessee;
(b) in other cases, an amoWll equivalent to 20 percent oftbe actual
cost to the assessee;] Oti:::od.llJ"f .. \. lOOJ
[(xa) where an assessee being a company registered under 3(1be Companies Act, 913 (VII of
1913) or~$. ~(~'It'll°)!,, 'It ~I invests any amoWll in the purchase of any new
plan! or machinery for installation in au industrial undertaking set up in Bangladesh and owned
by it for the purpose of balancing, modernisation or replacement of the plan! or machinery
57
already inst.ailed therein, an investment allowance at the rate of twenty-fi-\re percent of the
amount so invested.] w. By'-'- 1919 ~ctJy~'" by F. A. 200'4
(,u) where any building , machinery[, plant or any other fixed asset not being imported
software] ...._.,. r. ·'- 20" which, after having been used by the assessee for the pwpose 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, au obsolescence allowance to the
extent aud 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 pwpose of business or
profession otherwise thau as stock-in-trade, has died or become permanently useless for such
purpose, au amount equivalent lo the difference between the original cost of the animal to the
assessee aud the susn, if any. realised by sale or other disposition of the can::ass, as the case may
be, of the auima1
(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 pwpose 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 ,vith reference, except in the case of
payment offesin'al bonus, to -
(a) the general practice in similar business or profession,
(b) the profits of the business or profession in that ye.ar, and
(c) the pay and other conditions of service of the employee:
{provided mar no deduction on account of bonus omsr man festival bonus, to its
employeesshall be allowed to a banking company under this clause if such banking company is
allowed deductionfrom its income under clause (xviiiaa)] hu.lJ?FA 1999140tc..d"rf.A. 2002
(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 ta.lceu 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, representsmoney lent in the ordinary course of
business;
(xvi) where any amount of debt or part thereof which has aclually been written off as
irreco,-uable in the boob of accounts of the usessee 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 bas been eslablished to have become irrecoverable io any subsequent income year
shall be allowed a.s a deduction in that income year;
(x\l'ii) where any such debt or part thereof is ,vritten off as irreceverable in the books of accounts
of the assessee for an income year and the Deputy Commissioner of Taxes is s.atisfied that such
debt or pan thereof became irrecoverable in au earlier income year not CaJ.lingbeyond 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 pan thereof as a deduction for such earlier income yeu 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 (the proviso of
sub- section (!)) ,,.._"1 '-'- 2017 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;
58
[(xviii) in respect of provisionfor bad and doubtful debt made by a bank for overdue agricultural
or rural loa:n, a sum equal to one and a half 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 if any amount out of the amount so allowed i.s ullimately recovered, the
same shall be deemed to be a profit of the year in which ii is recovered]o...dbyF.A.1990
(xviiia) in respect of provision for bad and doubtful debt made by (Bangladesh Development
Bank Ltd.] .,.....,. r. "- 2014 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;
Pro,,tded that th• deduction shall be allowed only in rBSpBCt of the asssssment years
1987.JJB, 198U9, 1989-90 and 1990-91;
Pro,,iddjurth•1· thatifany amount out ofth• amount so alluw«J is u.llimat•IJ'recovered,
th, samoshall b• do.med to be a profit ofth1y,ar 111 which It i.s rscovued;
(xviiiaa) in respect of provision for bad and doubtful debt and interest thereon made by a
commercial bank including the Bangladesh Krisbi Bank, Kumo-Sbongshtan Bank and the
Rajshahi Krishi Unnayan Bank, a sum equal to oue per cent) of tbe total outstanding loan
including interest thereon or lhe amount of actual provision for such bad or doubtful debt and
interest th~ in the boob of the asses see. whichever is less;
Pravid1d drat th• provisions of this claus• shall apply only in respect of such loan as lhe
BangladBSh Bank may, from time to time, classify as bad or doubtfal debt; Providedfarther that
tn« deduction shall be allowsd only in respect of the assessment y.,,rs 1990-91, 1991-92, 1992-
93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98, 1998-99, 1999-2000, 2000-2001, 2001-2002,
2002-2003, 2003-2004 2004-2005, 2005-2006 and 2006-2007;
Providedfurtber that if any amount out of the amount so allowed is u/Jimately recovered,
the same shall be deemed to be a profit of the year in which it i.s recovered:
Provtdedfurther that no deduction under thi.s clause shall be allowed in respect of-
(•) any amount representing grant allowed by lhe Govemmear in the form of 15-
years Special Treasury Bonds;
(b) any loan advanced to auy government organisation, body corporate, local
authority, autonomous body, or any other loan guaranteed by lhe Government;
and (c) any debt representing loans advanced to any diR<:tor of lhe bank, bis
nominees or dependents;
(c) any debt representing loans advanced to a.ny director of lhe bank, his nominees
or dependants;
{Provld•d farthor that no d•ducrfon undor drls claus, shall be allowed to a11
assBSS" if h, avails hims.If of th• computation of his tncom« from lntsr.sts on bad or
doubtfal d•ba undsr sub section (3) of section 28,}1... ,.,,..,., ""1 • ~ ..._..,,' A.'"'
(xix) any expenditure, nat being in the nature of capital expendinn, laid out or expended on
[research and development J ••• '1 '.A.'°"in Bangladesh related 10 the business carried on by lhe
assessee;
(xx) any expenditure of a capital nature laid out or expended on [research and development] s., '1
f.A.~ in Bangladesh related to the business carried on by theassessee:
Provided that where a deduction is allowed for any income year under thi.s 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 ill respect of that asset;
(=) any sum paid to a scientific research institute, association or other bcdy 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 lhe assessee, if such Institute, association or bcdy, or such University,
59
College, Tecbnical School or Institution is, for the time being, approved by tbe Board for the
purpose of this clause.
Explanation. - In this clause (and in clauses (xix) and (xx)] 0.,,.....,.._._ ""'· -
(a) "scientific research" means any activities in the field of natural or applied science for
the extensionof knowledge;
(b) references to expenditure incurred on scientific research do not include any
expenditure incurred in the acquisition of rights in, or arising out of, scientific research,
but save as aforesaid, include all expenditure incurred for the prosecution of, or the
provision of facilities for the prosecution of, scientific research;
(c) reference to scientific research related to a business or class of business includes-
(i) any scientific research which may lend to or facilitate an extension of that
bU$lllC5S or, as the case may be, all businesses of that clau;
(ii) any scientific research of a medical nature wmch bas a •pecial relation to the
welfareof wotkers employed in that busineH or, as tbe case may be, business of
lb.at 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 wor~ 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;
(llll1) 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 tbe benefit of bis employees, their families and dependents, or on any institute for
the training of industrial workers, i!-
(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 eitber wholly or partly by any
asset;
(xxiv) any expenditure laid out or expended on the training of citiz.ens of Bangladesh in
ccaaectica with a scheme approved by the Board for purpo... of this clause;
(xxv) any expenditure, not being in the nature of capital expendituce or personal expenses,
incmred by an assessee in connection ,vith visits abroad as a member of a trade de.legation
•ponsored by tbe Gevemment;
(x"'i) any sum pa.id on account of annual membersmp sub.aiption to a registered trade
organisation witmn the meaning of the Trade Organisations Ordinance, 1961(XL V of 1961), or
to a professional institution recognised by the Board in this behalf;
(x.n'1) any e.'<penditure, not being in the nature of capital expenditureor 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 allowuce 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 furniturewas 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 equipment's used for the purpose of
businsss or profession.
60
30. Deduction not admissible in ctrtain circumstances. -

Notwilhslanding anything contained in section 29, no deduction on accown of allowance from
income from business or professionshall be admissiblein respect of the following, namely: -
(a) any payment which is an income of the payee classifiable under the head "Salaries" if tax
thereon bas not been paid in accordance with provisions of Chapter VIl;
(aa) any payment made by an assessee to any person if tax thereon bas not been deducted and
credited in accordance with the provisions of Chapter VII (and (value-added tax) thereon bas not
been collected or deducted and credited in accordance with the provisionsof '!.'II ~tmf'I TI~.
)l>l,) ()l>l,) 'lt'ff >;>; .ft ~j°""'•ll•rf.A. 2016;
[(oaa) any payment by way of salary to an employee if the employee is required to obtain a
tweh-e-digit Taxpayer'• Identification Number under the provisions of this Ordinance but fails to
obtain the oame at the time of making such payment;) i.. . 2016 .,.,A.
[(uaa) ony payment made by way of salary to an employee for whom the statement under
section JOSA ,vas not provided;} ,.o.117,.A.2011
(b) ony 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
maybe;
(c:) any payment by way of brokerage or commission made to a penoo who is not a resident in
Bangladesh unless tu< bas been deducted therefromunder section 56;
(d) any payment to a provident fund or other fund established for the benefit of the employees
unless the employee bas made effective arrangements to secure th.at tax sba.11 be deducted at
source from any payments made from the fund which are taxable being income falling under the
head "Salaries";
(e) so mnch of the expenditureby an assessee on the provisionof perquisites,as defined in clause
(45) of section 2, to any employee as exceeds taka [[([ten lakh] """..,. '-'· ,.,u 2022 and to any
employee who is a person with disability, as exceeds !aka twenty five lakh] ...._..,., .. ._ WI']••><..,.,.
A. 201,1 s-.1,y r, A 101•:
Provided that th• provision of this clause shall not be applicable to an employer where
perquisites ,..er« paid to an employee in pursuance of any Government decision published in the
official Gazett« to implement the rscon1ms11daffo11 of a Wage Board constituted by the
Govemmmt;
(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;
[(w) publicity ond advertisement] o.., ... .,.,.A.
20"; and
(iv) distribution of free samples.
(g) any e.-.penditure exceeding ten percent of the [net profit disclosed in the statement of
accounts) ......,.,. A. '0" (by way of head office or intra-group expense,called by whatevername)
""''.,. '-'-''"'bya company not incorporated in Bangladesh under cw"IA ~ )""8 ()~:.8 'IC'lf )tr
"'~
[(h) so mnch of the expenditure or aggregate of the expenditureby an a.ssesse by way of royalty,
technical services fee, technical know how fee or technical assistance fee or any fee of similar
nature, as exceeds the following:
61
(i) For the 6ts1 three income Ten percent (10"/o) of the [net profi1 from business Of
ye.ars from tbe commencement profession, excluding any profit or income of subsidiary or
of the business or profession associate or joint vearure.] s.o. ...,. 1-"- 2020 disclosed in the
statement of accounts;
(ii) For subsequent income Eight percent (8%) of the [net profit from business Of
years profession, excluding any profit or income of subsidiary or
associate or joint. venture,] sa 11r 1-"'- 1020 disclosed in the
statement of accounts;
] Ma. l,y rA. io11
(i) any pllymenl by way of salary or remuneration made otherwise dwi by (crossed cheque orJ
...,,. ..,. r.A. 1011 bauk tnnsfer by a person to auy employee hn-ing gross monthly salary of taka
[twenty) w. "11A mi thousand or more;
((ii) any p1ymen1 exueding Taka five lalchs paid by a person on 1ccoun1 of purchase of raw
nuuerials otherwise dwi by bank transfer;) ......,. r.A. lOll
(i) any expendirure by way of incentive bonus exceeding len per cent of the (nel profit disclosed
i.n the statement ef accouats] Sllk.bfP.A.201•;
(k) any expendirure by way of overseas traveling exoeeding (zero-point five zero percent
(0.50%)) ,-,.,,.A.""° ...,..,.,.A.,..,
of the disclo.sed [business] ,.. ..,.r.A. lOll rurnover (;)
{Provid.d that nothing of this clause shall apply to th• overseas rrav•ling apm,sas by an
asssssee •ngag1d in providing any service to the Government where cwerseas traveling. is a key
requirement oftltatservice.] bu. byF.A.10J1
(I) any payment by way of commission paid or discount made to its sbareholdet director by a
company;
[(m) any pllyment by a person exceeding taka fifty thousand or more, othetWise than by bank
transfer excluding-
(i) salary or remuneration made to any employee, without prejudice to an obligation referred
to in clanse (i);
(it) any paymenl for government obligation;
(iit) any payment on account of purchase of raw materials;) s..._..,.,_._ mi
((n) any payment by way of any rent of auy property, whether used for commerci.al or residential
purposes, otherwi.se than by [a crossed cheque or)_.._,..,., .. ,.,, bank transfer;) ....... ..,.,.A.
20"
((o) any payment made lo a person who is requu·ed lo obtain a twelve-digit Taxpayer's
ldenlification Number under clauses (xxviii), (xxix) and (xxx) of sub-section (3) of section 184A
but fails to bold the same al the time of payment.) ,.,,. ,.,.A.
1017
((p) any promolional expense exceeding zero-point five zero percent (0.50%) of the disclosed
business turnover.
[Esplanation-1. For the purpose of the clause (p), 'promotional expense' means any
expense incutred by way of giving any benefit in lcind or cash or in any other form 10 any person
for the promotion of busineu or profession.
(Esplanation-2. For the purpose of this section, 'bank transfer' includes transfer of money
by crossed cheque, mobile financial services or any other digital means approved by the
Bangladesh Bank.] ~L by r.A. 2022] Ju. by f.A. 2020
30A. Provision for disallowance. -

Notwiths1anding anything contained in sections 28, 29 and 30, the Deputy Commissioner of
Taxes shall not make any disallowance or deduction for any year from any claim made by an
assessee in the trading account or profit or loss account without specifying reason for such
disallowance or deduction.
62
[30B. Treatmeer o( disallewanee. -

Notwithslanding anything contained in section 82C or any loss or profit computed under the head
"Income from business or profession", the amount of disallowances made under section 30 shall
be treated separately as "Income from business or profession" and the tax shall be payable
thereon at the regular rate..] w br f .A. 20111
31. Capital gains. -

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{.J...._..,.,.A.ltn
{Prol-id.d that no tax shall b, payable by OH assessee, bfing a nonnsident ,in respect of
any projiu and gains arisingfron, th, transfer of stocks or sharws of a public con1pa,ry as d•fln,d
fn [~"'1f;r, ~ (~ 71r.R »'ii ~)/subj«tto th, conditionthat such ass,.,,. Is 1ntftud to
similar a•mprton in th, counlry in which h, is a r,std,ut.J1•bJIFA '"°'""'-•o..u.4'JP. A.. 2011
[31A. C1pilal cain.s from tht transftr busint.ss or undtrtakin:. -
o(
Tax sball be payable by an assessee on "capital gains from the tran.sfer of busintu or
undenaking" in respeet of any profits and gains arising from the tran.sftt of business or
undenaking in its entirety with all of its assets and liabilities and such profits and gains shall be
deemed to be the income of the assessee in respect of the income year during which the transfer
takes place.) ..._..,. '-'· '""
32. Computation of capital gains. -

(I) The income under the head "Capital gains" shall be computed after making the following
deduction from the full value of the consideration received or accroing from the transfer of the
capital asset or the fair market value thereof, whichever is higher, namely: -
(a) any expenditure incorred 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;
[(IA) No deduction in respect of cost of acquisition as contemplated in ,ubsection (I) shall be

allowed for the purpose of computation of income under the head "Capital gains" on account of
the transfer of any capital asset acquired by the as.se.ssee as a bonus share] ... '1 I.A,'"' q... ot1r
11•
..
_.,..,.f.A.IIH
(2) For the purpose of this section, "cost of acquisition of the capital asset" means-
(i) where it wu acquired by tbe assessee by purchase, the actual cost of acquisition; and
(ii) whtte it became the property of the assessee-
[(a) by succession, inheritance or devolution; or] ~.,.PA IPN
[(b) under a deed of gjft, bequest or will; or] 0....,.,., ·'-1916
[(c) by succession, inheritance or devolution; or] se, Bf PA 1990. • • d) om.ietd\i7"P..A.199l
(cc) under a deed of gift, bequest or will; or

(ccc) under a transfer on a revocable or irrevocable trust; or
(cl) 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 finn or other association of
persons or the partition of a Hindu undivided family; the actual cost of acquisition to the
previous 0"11er of the capital asset as reduced by the amount of depreciation, if any,
allowed to the previous owner; aud 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 p,operty of the previous owner:
63
Provided that wh11r11 the capital asset is an asset in respect of which the asssssee 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):
Provided farther that where the capital asset became the property of the assesses by
succession: inheritance or devolution, the actual cost of acquisition of the capitalasset to
the assessee shall be the fair market value of the property prevailing at the time the
assesse« became the owner of such properly.
(3) Where in the opinion of the Deputy Commissionerof Taxes the wr aw:ket value of a capital
asset transferred by an assessee as ou the date of 11,wsfer exceeds the full value of the
cousidention declared by the as- by au amount of not less than fifteen per cent of the value
so declared, the wr matat 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
asstt tnnsf<tnd 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 Go,·ernment may offer to buy the
said asset in such m.anntt as may be prescribed.
(5) Notwilhstanding anything contained in this section or section 31, where a capital gain arises
from the transfer of a [plant, machinery, equipment, motor vehicle, furniture, fixture, and
computer] ""..,. '-'· ''"' 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 [plant, machinery,
equipment, motor vehicle, furniture, fixture, aod computer] ""..,. '-'- 20" for the [same J °""""'
">' r.
..._ 199' 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
assd.-
(i) the difference between the amount of the capital ga..iD and the cost of acquisition
of the new asset shaU 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 Tbird 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, sbalJ be nil, or
(b) if the amount of the capital gain is equal to or less than the cost ofaequisition of the
DC\V 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
Tbird Schedule or any income under section 19(16) or the amount of any capital gain
arising from its transfer, the cost of acquisition or the written down value, as the case
may be, shall be reduced by the amount. of the capital gain:
Provided that where in respect of the purchase of a new capital asset consisting of
plant or machinery, the assessee satisfies the Deputy Commissioner of Taxes that
despite the exercise of due diligence it has not been possible to make the purchase
within the period specified ill this sub-section, the Deputy Commissioner of Taxes
may, with the prior approval of the Inspecting Joint Commissioner, extend the said
pllriod to such date as he considers reasonable.
64
((5A) Where any capital gain arises from any transfer of capital asset in a scheme of
amalgamation, no tax shall be charged under section 31:
Provided mar in a scheme of amalgamation, any eonsideration received by the
shareholders of dte amalgamating companies in any manner other than the shares of the
amalgamated companyshall be subject to applicable tax.] ... .,FA"'"
((6) Nomilbstanding anything contained in this section or section 31, where a capital asset being
buildings or lands appwtenant thereto the income of which is chargeable under the head "Income
from house property", which in the two years immediately preceding the date on which the
tn.nsfer took place was being used for the purpose of residence, and the assessee has within a
period of one year before or after that date purchased, or has "'ithin a period of two years after
that date constructed, a house property for the purpose of residence then instead of the capital
gain being charged to tax as income of the income year in which the tn.nsfer took place, it shal~
if the assessee so elects in writing before the assessment is m.1de, be dealt with in accordance
v. 1th the followwg pro\'isions of this sub-section, that 1s to s.ay.
1
(•) if the omount of the capital gains is greater than the cost of acqwsabon of the new
asset-
(i) the difference between the amount of the capital gain aod the cost of acquisition
of the new asset shall be charged under section 31 as income of the [income year],
aod
(ii) for the purpose of computing in respect of the new asset 311y capital gain arising
from its transfer, the cost of acquisition shall be nil, or
(b) if the amount of the capital gain is equal to or less th31l the cost of acquisition of the
new asset, -
(i) the capital gain shall not be charged under section 31, and
(ii) for the purpose of computing in respect of the new asset any capital gain arising
from its transfer, the cost of acquisition shall be reduced by the amount of the
capital gain:
Provided that where in respect of the purchase or construction of a nBW capital asset
consisting of building for th• purpose of residence ,th• assessee satisfies th• Deputy
Commissioner of Taxes that despite the exercise of dus diligsnce it has not bun possible to make
the pure.has• or construction within the period specified in this subsection, the DBputy
Commissionu of Taxa may, with ths prior approval of th• hup.cting Joint Commtsstoner ,
Uffltfd th• said ]¥rlod to such dat• as h• considtrs r110sonabl•.J o...t/lyF...t 1000
((7) Nol\\>thstaoding anything contained in this seceoa or section 31, where I capital gain arises
from the tn.nsfer of I capital asset being Government secwities (31ld stocks and shares of pubbc
com~s hsted with a stock exchange in Bangladesh,)"--'..,.• A.'°''
(other than bonus share of
a company)....,..,.• A.'"' then no tax shall be charged under Iha section 31.) °" ...,..,.
>.A.ml
((8) Notwithstanding anything contained in this section or section 31 where a capital gain arises
from the tr311Sfer of a capital asset being buildings or laods which, within a period of two years
immediately follo\\'1.llg the date on which the transfer took place. is invested in the acquisition of
capital asset of an industrial undertaking . [or in the acquisition of a new apartment or apartment s
to be used for residence under an agreement made between the assessee and a company or a co-
operative society for the purpose of developing housing or real estate or in the construction of a
new building or purchase of a new apartment to be used for residence) (or purchase of new
shares of a company listed with a Stock Exchange in Bangladesh or purchase of National
Investment Bonds issued by the Government) then, instead of the capital gain being charged to
tax as income of the income year in which the transfer took place, ii shall, if the assessee so
elects in writing before the assessment is made, be dealtwith in accordance with the following
provisions of this subsection, that is to say-
65
(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
oftbe newasset shall be charged under section 31 as incomeof the income year, and
(ii) fur lhe purposes of computing in respect of the new asset, any allowance under
the Third Schedule or the amount of any capital gains arising from its transfer, the
cost of acquisition or the gains arising from its transfer, the coot of acquisition or the
l>Titten down valne, 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 ofacquisition of the
newuset,-
(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 arumg .&om its transfer, the cost of acquisition or the ,vnnen downvalue, as the
case may be, shall be reduced by the amount of the cap,tal gam·
Pro,,ld.,J that whir, In respect of th• acqufslt1on of the capital ass,t on an
Industrial ,mdortaking, th• assssse« satlsft«s the Dq,uty Commisslon,r of Tax«s that
d.spit• dt• a•rcis, of du, diligenc« it has not bun po.ssib/1to acqui,.. th• n,w asset
within th, p1riod specified in this sub-s«rion, th, D~,ry Commis.sion11rof taxis may,
witll tlr1 prior approval ofths InspectingJoint Commissione- tatsnd ths said psn·od to
1
such data as Its considersreasonable] O,,.tttcdl,yP.A.10()()
[(9) Notwithslanding anything contained in this section or section 31, where a capital gain arises
from the ttansfer of a capital asset being buildings or lands which, within a period of one year
iinmediately following the date on which the transfer took place, [is invested in the acquisition,
otherwise !ban by purchase, or transfer from previous holders, of stocks or shares of public
limited companies listed with a stock exchange in Bangladesh] and the stocks or shares are held
by the assessee for at least two years from the date of acquisition, the capital gain shall not be
charged to tax as income of the year in which the U11J1Sfertook place.Jo.m.1..,.,.A.1000
(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 the
Companies Act, 1913 (VIl of 1913) or~~ )l>ll8 ()l>ll8 'It'll) .. ~~' fur setting up of
an industry, and if the whole amount of capital gain is invested in the equity of the said company,
then the c.apital gain shall not be charged to tax as income of the yur in which the transfer took
place.
(11) Notwithstanding anything contained in this section or section 31, wbett a capital gain arises
from the ttansfer of capital asset of a firm to a new company registered under the Companies
Act, 1913 (VIl of 1913) or~ <!ll't,I, )l>l>8 ()ll>l>8 'It'll ) .. ~~.and if the whole amount of
the capital gain is invested in the equity of the said company by the pl11DefS oftbe said firm, tbeu
the capital gain shall not be charged to tax as income of the year in which the ttansfer too le place.
((llA) Norwitbstanding anything contained in this section or section 31, where a capital gain
arises from the transfer of capital asset of an assessee to a new company registered under ~
~ ~ (~ 'lvff :,.- ~ l!ll't-l}, and if the whole amount of the capital gain is invested in the
equity of the said company, then the capital gain shall not be chargedto tax as income of the year
in which the ttansfer toolc place:
Provided that for dstennining the capital gains arising from the transfer of stocks or
shares of ths said company, ach1al cost of acquisition of membu,hip of a Stock Exchange ill
66
proportion to the stocks or shares shall be deducted from the full ,-alu• of ths consideration
received or accruing from the transfer of stocks or shares or the fair marlrst value thereof.
whichB>eris higher.J°""""'"1F.o.=
(12) Notwithstanding anything contained in 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 !he 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 paragraph I, 2, 3, 4, 5, 6, 8, 9, 10 and 11 of PART B of the
SIXTH SCHEDULE to Ibis Ordinance was at any time allowed.
[32A. Computationof capital g.ains from the transfer of business or undtrta.king.-
The Capital gains &om the trmsfer of business or undertaking shall be computed after making the
following deductions &om the full value of the coosidention received or acauing from the
transfer of the business or undertalcing in its entirety or the fair market ,·atue thereof, whichever is
higher, namely: -
(a) any expendirure incurred solely in connection with the transfer of the business or
undemking in its entirety; and
(b) the book value of the as.sets minus the liabilities taken up as oo the date of ttan.sfer as a
result of the tt3n.Sfttofthe business or undertakin
g in its entirety.) iu..,.,_"-1020
33. Inceme from other sources, -
The following income of an assessee shall be classified and computed under the bead "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;
[(cl) any income to which sub-sections (1)-(5), (8)-(13), (21), (24), (27), (29), (31) or (32) of section
19 and sub-section (3) of section 19AAAA apply] s..... .,.,.A.,o,o
(e) any other income of any kind or from any source which is not classifiable under any of the other
beads >pecified in section 20.
34. Deductions from income from ether seurces ....

(I) The amount of intttest paid in respect of money borrowed for the purpose of acquisition of
shares ofa company.
(2) ru,.y expenditure, not being in the nature of capital expenditure or penonal expenses of the
assessee, incurrNI so1e1y for the purpose of making or ea1ning 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) and (xi) to an assessee in respect of income under the bead
"Income from business or profession" subject to the same conditions 311.d 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 machinBry, plant,furniturs or
building exceedsthe written down value thereof.
(4) Notwithslmding anything contained in this section, no allowance shall be made on account of-
67
(a) any interest chargeable under this Ordinance which is payable outside Bangladesh on which
tu has nor been paid and from which tax has not been deducted at sonrce under section 56;
or
(b) any payment which is chargeable under the head "Salaries" if tax has not been paid thereon
or deducted therefromunder section 50.
35. Melhod of acco11nting. -

(1) All income classifiable under the head "Agricultural income", "Income from business or
profession"or "Income from other sources" shall be computed in accordance with the method of
accounting regularly employed by the assessee.
(2) Nolwitlmanding anything contained in sub-section (I), the Board may, in case of any business or
profession,.or du, of business or profession, or any other source of income, or any class of
persons or class of income, by a genenl or special order, direcl thal the accounts and other
documents shall be maintained in such manner aod form, and the mode of payments of
commercialtramadionsrecorded in such manneraJJd form, as may be prescribed or as may be
specified in such direction; and thereupon the income of the assessee shall be compu1ed au the
basis of the accounts mainta.ined, payments made and transactions recorded accordingly.]',..·"''·
A. 2014
((3) Without prejudice 10 1he preceding sub-sections, every company as defined in (clause (20) of
section 2) ,....,.,_._ ,m shall, with the return of income required to be filed under this Ordinance,
furnish a copy of the trading account, profit. and loss account and the balance sheet in respect of
the relevant income year-
(•) certified by a chartered accountant to the effect. that the accounts are-
(i) maintained and the statements are prepared and reported in accordance with
Bangladesh Accounting Standards (BAS) and Bangladesh Financial Reporting
Standards (BFRS) or in accordance with International Accounting Standards (IAS)
and International Financial Reporting Standards (IFRS) as adopted in Bangladesh;
and
(iJ) audiled in accordance with the Bangladesh Standards on Auditing (BSA);
(b) signed by the persons including as many directors as required under sub-sections (I) and
(2) ohection 189 of~~. ~:,:,a (~"8 'It'll~ ;n~;J ...,.,.,A,011
(4) Where-
(•) no melhod of accounting has been regularly employed, or if the method employed is
such that, iD the opinjon of the Deputy Commissioner of Tues, the income of the
assessee cannot be properly deducted therefrom; or
(b) in any case 10 which sub-section (2) applies, the assessee fails to maintain accounts,
make payments or record transactions in the manner directed undtt that sub· section; or
(c) a company (or a registered firm) a.;..,.,'· A.,,.,
has not complied with lhe requirements
ofsub- section (3) (or the certification of accounts is not found verifiable] A""'bJF.A. 11; '°
the income of the assessee shall be computed on such basis and in such manner as the
Deputy Commissioner of Taxes may think fit.
36. Alloc.ationof income from royalties, literary works, etc..-

Where the time taken by the author of a literary or artistic work in the making thereof exceeds
twelve months> the amount receivedor receivableby him duringany income yearin lump sum
on account of royalties or copyright fees in respect of that wad: shall, if he so claims, be deemed
to be the income of-
68
(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 immediatelypreceding income years
if the time taken in making such work exceeds twenty-four monlhs, 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 thepurposesof this section, the expressio« ..author" includes a
joint author and the expression "lump sun1 '' in regard to royaliies or copyrightfees
includes an advance payment 011 account of such roya/Jiesor COP}Tightf•u which is not
r•tumabl•.
37. Set off oflossu. -

Where, in respect of any assessment year, the net result of computation of income under any head i.s a
Joss, the assessee shall} subject to the other provisions of this Ordinance, be entitled to have the
amou.ot of such lou set off'against his income, if any, assessable for that assessment ye,ar under any
other head:
{Provided thar any loss in respect of any speculation business or any Ion und11r th• hBad
"Capital gains .. shall b• set off only against any income in respect of sp«.ulation business or any
income under th• It.ad "Capital gains":
Provid,ulfurthu that any loss from any source. income of which is exempted from tax or income
of which is taxed at a reduced rate, shall not be set off against any income from any sources]
2()21
,....,F.A
Provided funner that/or the purpose of this section the Deputy Commissioner of Taxes shall, in
computing any loss, deduct any amount received in cash as subsidyfrom the Government [:JS.,,.byP.A.
2()1'
Provided further that that any loss in respect of any incomefrom business or profession shall not
be so set off. or be carried forward to succeeding assessment year or year»for set off, against any
tncome from hous« proputy [:J'""-byP.A.101'
{Prol'idBd furth,r that any loss in respect of any tncome from any h<ad shall not !>. so set off
against any incom, from manufacturing of cigarett, {bidf, zarda, ch,wing tobacco, gul or any oth,r
smouless tobacco or tobacco products],,,.,.,,_..."'16
38. Carry forn-ard of businHs losses. -

Where, for any assessment year, the net result of the computation of income under the head
"Income from business or profes.sion" is a loss to the assessee, not being a loss sustained in a
spe,:ulatioo business, and such loss has not been wholly set off under section 37, so much of the
loss as bas not been so set off. the whole of the Joss. 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
toss was originally computed if such business or profession is 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
ferward to the next assessment year and so on for not more than six successive assessment
years.
69
39. Carry forward of loss in spttulation business. -

(I) Where. for any assessment year, the result of computation of income in respect of any
speculation business earned on by the assessee is a loss, it shall be set off only against the
income. if any, from any other speculation business carried on by him and assessable for that
assessment year.
(2) Where, for any assessment year, any loss computed in respect of a speculation business has
not been wholly set offunde.r sub-section (I), so much of the loss as has not been so set off, or
the whole loss where the assessee has uo income from any other speculation business, shall,
subject to the provisions of this Ordinance, be carried forward to the next following assessment
year, and-
(•) it shall be set off against the income, if any, from any •peculation business earned on by
him and &$$C$$.able for that asttS$meut year; and
(b) if the lou cannot be wholly so set off, the amount of loss not so set off shall be carried
forward to the next uses.s,meot year and so on for not more than six successive assessment
years.
40. Carry fon..-ard of loss u.ndtr rht htad "Capital gains". -

(1) Where. in respect of any assessment year. the net result of computation of income from any
source under the head ..Capital gains .. is a loss. it shall be set off' only againsr income from any
other source Calling under that head and assessable for that year.
(2) Where, for any assessment year, any loss computed under the head "Capilal gains" has not
been wholly set off under sub-section (I), so mnch 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 nnder 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; aod
(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 yearaud so on for not more than six successive assessment
years.
(3) WhOl'e, in respect of any assessment year, the loss computed under the head "Capital gains"
does not exoeeds five thousand taka ii shall not be carried forward and where it exceeds five
thousaod tab only so much of snch loss shall be carried forward as exceeds five thousand taka.
41. Carry fonnrd ofloss undtr the b .. d "Agrlculturalincome". -

Where, fM any assessment year, the net result of the computation of income under che bead
"Agricultural income" is a loss to the assessee, and such loss has 001 been wholly set off under
section 37. so much of the loss as has not been so set oft or the whole of the loss, where the
assessee has no income under any other head or has income only under the head "Capital gains",
shall be carried forward to the next following assessment year, and-
(a) it shall be ser 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 earned forward to
the nextassessment year and so on fornot more than six successive assessment years.
42. Conditions and limitations of carry fonvard of loss, etc.-

(!) The provisions of sections 37. 38, 39, 40 and 41 shall have effect subject to the conditions
and limitations set out in this section.
70
[(2) Where the assessee is a registeredfinn, -

(a) any loss under any bead of income which cannot be set off against the income of the
fum under any other head, shall be appointed amongst the partners of the finn and they
alone shall be entitled to have the amount carried fonvardand set off; and
(b) any loss which has been appointed amongst the partners under clause (a) shall not be
carried forward and set off] Omittadby F. A.. 199}
(3) In the case of a fum, -
(a) Where the assessee is the fum, the loss sustained by it under any head of income shall be
set off under section 37 only against the income of the finn under any other bead and not
against the income of any of the partners of the fum; and
(b) where the assessee is a partner of the fum, he shall not be entitled to have any loss
,ustained by the finn carried forward and set off against bis cwa income.
[(3A) Where the assessee is au Association of Persons, the loss SUS1&ined by it under any bead
of income shall be set off under section 37 only against the income of the Association of
Persons under any other head and not against the income of any of the members of the
Association of Persons.
(38) Where the assessee is a member of the Association of Persons, be shall not be entitled to
have any loss sustain.Niby the Association of Persons carried forwardand set off against his
own income.J 1n. "1 P.A. 2010
(4) Where any person carrying on any business or profession bas been succeeded in such
capacity by another person otherwise than by inheritance, no person. other than the person
incwring the loss, shall be entitled to have the loss in such business or profession set off against.
bis incomeunder any other bead.
(5) In the case of a fum in the constitution of which a change has occurred, -
(a) the fum shall not be entitled to set off so much of the loss proportionate to the share of a
retired or deceased partner as exceeds bis share of profits, if any, of the income year in the
fum; and
(b) a partner of the finn shall not be entitled to the benefit of any portion of the said loss as
is not apportiooable to him.
(6) Where, in making an assessment for any year, full effect cBDDOI 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 oftbe allowance for depreciation forthe following year and
be deemed to be pm of that allowance or if there is uo such allowance for that year, be deemed
to be the allow1nce forthat year and so ou for succeeding years.
(7) Where, under sub.section (6), depreciation allowance is also to be carried forward, effect
shall lint be given to the pro,-isions of sections 38 and 39(2).
((8) In a scheme of amalgamation, the amalgamated company shall ha,-., the right to carry
forward the accumulated loss and the unabsorbed depreciauca of the amalgamating company as
if the loss or the unabsorbed depreciation, as the case may be, bas been the accumulated loss or
the unabsorl>ed depreciation of the amalgamated company in the income year in which the
amalgamation took place.) "'"''.A.2022
43. Computation of total income. -
(I) For the pmpose of charge of tax, the total income of an assessee shall be computed in the
mat111er provided in this Ordinance.
71
Compiled by: Masum Gazi lo association with: Mahmudul Hasan
(2) In computing the total income of an assessee, there shall be included any exemption or
allowance specified in pan 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 fhe assessee is a partner of a firm, then, whether the firm has made a profit or a loss,
his share (whethera net profit or a net loss) shall be taken to be any salary, interest, commission
or other remuneration payable to him by the film 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 [and also in the case of a registered firm. of the tax payable by it;)
a.... '1r. A 1"'' and such share shall be included in his total income:
Pro,,idd that if his shar, so computed is a loss. such lo.SS may b. s•t off or canied
forward and s1toffln accorda11c1 with th• provisions ofs,ctfon 42.
(4) In computina the total income of any individual for the purpose of asseumen~ there shall be
included-
(•) so much of the income of the spouse or minor child of such indhidual as arises,
directly or indirectly, -
(i) &om the membership of the spouse in a firm of which such individual is a partner;
(ii) &om the admission of the minor child to the benefits of partnership in a firm of
which such individual is a partner;
(iii) &om assets transferred directly or indirectly to the sponse otherwise than by way
of gift or for adequate consideration] or in connection with an agreement to live
apart; or
(iv) &om assets transferred directly or indirectly to the minor child, not being a
married daughter, by such individual 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, otherwise than by way of gift or for adequate consideration, to such person
or association of 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 &om assets remaining the property of the settler or disposer, s.hall be deaned to be income of
the settler or dnpond.
(6) For the purpose of sub-section (5)-
(a) a settlement, disposition or transfer shall be deaned to be revocable if it contains
any pro\'ision for the retransfer directly or indirectly of the income or assets to
the [settlor),''"'..,. ,_. '"' dispouer or t,·ansferor, or in any way gives the [ settlor) 5"''.,.
1"',
•.A dUpontt or transferor a right to resume power directly over the in.come or
assets;
(b) the expression "settlement or disposition" shall include any disposition, trust,
covenant, agreement or arrangement, and the expression (senior] Sn• .,. 1 A 1,,, or
disponer, in relation to a settlement or disposition, shall include any person by whom
the settlement or disposition was made.
72
CHAPTER VI
EXEMPTIONS AND ALLOWANCES
44. Exemption. -
(1) Notwilhst:mding 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 Iimits, conditions and
qualifications laid down therein and shall be excluded from the computation of total income
under this Ordinance.
(2) Subject to the provisions of this Ordinance and the limits, conditions and qualifications laid
down in Part B of the Sixth Schedule, -
(a) tax shall not be payable by an assessee in respect of any income or any sum specified in
para.graphs 15 and 16 of the said Part B; and
[(b) an .....-. be111g Iresideut or a non-re51dent Bangladesbl, shall be enbtled to a
cre<ht from the amount of tax payable on Ills totAI income at the rate of 15°, (fifteen
percent) of the ebgible amount:
PrtrVid«J tltar an OJS.ssu who fails to submit ,..n,rn of1ntom, 4S r,quf,vdundv section
7J shall N ffltrrlM to a credit from th, amount of tar paJabl• on hll total tncome at th,
,..,"I''"'"
rare of 7.5°, (s..,.n point fiv« p11·cs11t) of the •ligibl• amount.} s.., ~ T.L 1019 ..
~'!1
(c) (the "eligible amount" mentioned in clause (b) shall be the lesser of-
(i) the sums specified in all paragraphs excluding paragraphs 15 and 16 of Part B of the
Sixth Schedule; or
(it) [20! • l .,...,. •-•· 2022 of the total income excluding any income for which a tax
exemption or a reduced rate is applicable under sub-section (4) of section 44 or any
income from any source or sources mentioned in clause(a) of sub-section (2) of section
82C; or
(iit) one crore (and fifty la.lch) OmJtud.,.r.A.2021 taka.] s......,.,.A.201'
(3The aggregate of the allowances admissible under (all paragraphs excluding paragraphs 15 and
16 of the said Part Bin of the Sixth Schedule shall not exceed-
[[(•) One crore and fifty lakh) s..., '.A. 2013 !aka:
Pro,;ded that the amount admissible under clause (a) shall not, under any ciccumstauces,
exceed [thirty per cent)'"'' r.A. 2013 of the total income of the assessee.] ,.... .,, ... ,.. ,
[(b) two 1akh and twenty five thousand taka where the investment exceeding two lakh
tab JS made under paragraph 8 of Pa,t-B of the Sixth Schedule m the acquisition,
otherwue than by purchase or transfer from previous holden, or shares of a company
hsted with any Stoclc Exchange in Bangladesh).._...,., .s: ,. ..
(4) The Go,·emmen1 may, by notification in the official Gazette, -
(a) make such amendments by ,vay 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 modific.atioos 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.
(Provided that, unless it is otherwise specified by tn« Government, me provision of sub-
section (4) shall not apply in case of dividend distribunon rax referred to in section
J 6D.J..... ""' -"""- _,__, ... ,,..»byF.A.100J
((5) Notwithstanding anything contained in clause (b) of sub-section (4) or any other section in
Chapter VI-
73
[(a) the income ofa person for the relevant income year shall not be-
(i) exempted from tax; or
(u) subject to reduced rate of tax;
in an assessment year if the person fails to-
(i) submit the return of income as required under section 75; or
(u) comply with any provision of Chapter VIl ofthis Ordinance; or
(iit)rece.ive all the receipts from the sources, income from which is subject to tax:
exemption or reduced rate of tax, through bank transfer:
Provided that the provision of receiving th• recepts through bank transfer
shall not be applicable far an asssssee being indnidual hm1ng gross receipts
not ccc•.du1g Taka one cro,·e in an income J•ar:
Pro"'idedfurther that th• provision of nc~,'lng th• r«•ipt.s through bank
trans[..- shall not b• opplicable for mcom• dem·ed from agncultu, .. or
fan,11,ig.} S.O b> F.... Ml/
(b) any disallowance of expenditure under section 30, in calculating the income of a
source or or I person that is exempted from tax or is subject to a reduced rate of tax, shaJI
be treated u income for that source or of that person, as the case may be, and tax shall be
payable on such income at the regular rate.] A.M6dbJF.A. 201'
45. E:rt.mption of teceme of an industrial undtrtaki.ng. -
(I) Subject to the provisions of this Ordinance, the income, profits and gains of an industrial
undertaking set up in Bangladesh between the ftrst day of July, 1974, and the thirtieth day of
June, 1985 (both days inclusive), shall be exempt from tax payable under this Ordinance for the
period specified below-
(a) if the undertaking is set up in such areas as the Board may, by notification in the
official Gazette, specify to be "Special Econontic Zone", for a period of twelve years
beginning with the month of commencement of commetcial production of the
unclertal::ing;
(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
comm.e:nc::em.em.
Expla11atio11. - For the purposes of this section, "indusuial undertaking" includes
expamion of an existing undertaking if such expansion constitutes-
(•) an identifiable unit for production of similar or other goods or class of goods;
or
(b) a similar unit carrying ou 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 busine-.ss
in Bangladesh to a new business.
(2) The exemption under sub-section (I) shall apply to an industrial undertaking (hereinafter
referred to as the "said undertaking") which fulfills 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
(u) 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;
74
(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 Ibis section is reinvested in the said
undertaking or is invested in the purchase of bond issued by the Government and such
reinvestment or investment is not-
(i) less than fifteen per cent of such income, if it is an undertaking set up in the
areas referred to in sub-section (1) (a) and (b); and
(it) less than thirty per cent in other areas;
(d) that the said uodertaking is approved and, during the relevant inoome year, stands
appro,-.d by the Board for the purposes of this section;
(e) that the application in the prescribed form for approv11l for the purposes of this
section, as verified in the prescribed mauoer, is made to the Board within one hundred
and twenty days from the date of commencement of oommercw production:
l'rollld,d that th• Boa,·d may admit an application afl•r th• aplry of the said
pmod ofon• hundrod and tw,nty days (flt Is satlsjlod that th•ro was sujf1cl•nt cause for
nor ma/ring th• application within th, said p,rlod.
(2A} Subjec1 10 tht provisions or this Ordinance, the income, pro.tits and gains of an industrial
undertaking set up in Bangladesh between the first day of July, 1985, and the thirtieth day of
June., 1995 (both days inclusive), shall be exempt from the tu payable tllldtt this Ordinance for
the period specified below-
(•) if the uodertaking 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 commerci.al 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 commeooemeot of oommercial production of the
undertaking;
(c) if the uodertaking 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 seven years
beginning with the month of commenoemeot of commercial production of the
undertakiJla; aod
(d) if the undertaking is set up iu the city of Dhaka. Cbittagona or K.hulo.a or the
municipality of Narayaoganj, 01· within ten miles from the outer limits thereof, for a
period of five years beginning ,vith the month of commencement of commercial
production of the undertaking.
(28) The exemption under sub-section (2A) shall apply to an industrial undertaking (bereinafter
referred to as the "said undertaking") which fulfills the following conditions, namely: •
(i) a body corporate established by, or in pursuance of. an Act of Parliament with
(it) a company registered under the Companies Act, 1913 (VII of 1913) or ~
~ )..:.8 ():.:.S 'lt'lll )17 'It ~. with its registered office in Bangladesh and
having a subscribed and paid up capital of oat less than one lakh !aka oo 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;
75
Compiled by: Masom Gazi lo association with: Mabmudul Hasan
[(c) tlw a pan of the income exempted under sub-section (2A), representing not less than
ten percent, of such income, is invested, within nine months from the end of the income
year, in the purchase of bonds or securities issued by the Gcvemmeat and such bonds or
securities are retained for at least three years from the date of purchase;] Suh:.byf.A. t99i. tm
cl - """""'"' , .... '"']
(cc) that a part of the income exempted under sub-section (2A) is invested, 6[during the
period, or -..ithin 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 aud such investment is not less than 1 [thirty per cent.] of such
income, failing which the income so exempted, shall, nomithstanding the provisions of
this Ordim.nce. be subject to tax iu the ass.eisment year for which the exemption was
allowed:
Provld1d that th, qua11h1m of l11v.,1m11r1t rof•nvd to In this claru, shall b,
rod11ud by th• amo11nt of dlvld,nd, if any, d,clDr,d by tit• company •>lfoyl11g tax
a•mptton und•r this section,
(d) that the uid undertaking is approved and, during the relevant income year, stands
appro,'edby the Board for the purposes of this section;
(e) that the applic.ation in the prescribed form for appro,.,.l for the purposes of this
section, as verified in the prescribed manner. is made to the Board within one hundred
and eigluy days from the date of commencement of commercial production:
Provided that ths Board may admit an application aftsr tits apiry of the said
period of one hundred and eighty days ifit is satisfied that there was sufficient cause for
not making the application within the said period
(2C) The Board shall give its decision on an application made under clause (e) of sub-section
(2B) "'ilhin S(lhree 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:
Prt»1dBd that ill respect of dspre.ciation, only the allowances for normal depreciatton
spwfted in paragraph 1 ofths Third Scnedule shall bs allowed.
(4) The profits and gains of the said undertaking shall be computed sepasately from other
income, profits and gains of the assessee, if any, and where the assessee sustains a loss from •1JCh
undertalcing, it shall be carried forward and set off against the profits and gains of the said
undertalcing for the following year, aud where it cannot be wholly set off. the amount of the loss
not so set off, sbaU be carried forward for the uext 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
di.scributed by a company to its share-holders out of the profits and gains exempt from
tax nnder this section; and
(b) any income of the said undertalciug classifiable as "Capital gains" chargeable under
the provisions of section 31.
(6) Wbe<e any exemption bas been allowed under this section and it is snbse<juently discovered
by the Deputy Commissioner of Taxes that any one or more of the conditions specified in this
section were not fulfilled, the exemption originally allowed shall be deemed to have been
wrongly allowed, and the Deputy Commissioner of Taxes may, notwithstanding anything
contained in this Ordinance, re-compute the total income of, and the tax payable by, the assessee
for the relevant income year and the provisions of section 93 or 94 shall, so far as may be, apply
76
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 indnstrial nndertaking approvedunder 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.
(8) Notwilbs1anding anything contained in this section, the Board may, in the public interest,
cancel or suspend fully or partially any exemption allowed under this section.
46. Exemption of income of a tourist industry. -

(I) Subject to the provisions of this Ordinance, the income, profits and gains ofa tourist industry
set up in Banglacleoh between the first day of January, 1976, and the thirtieth day of June, 1985
(both days inclusive), sh.all be exempt from the tax payable under this Ordinance, for the period
specified belew-
(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 Zooe", for a period oftweh-e years beginning
with the comm.tnoemtot of its commercial service;
(b) if the industry is set up in the cities of Dhaka, Chittagong. Khulna and Rajshahi and
the areas within fi.ftttn miles f1·01n the outer municipal limit.s of those cities, fora period
of five years ht-ginning with the month of commencement of its commttcial 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"
me.ans a business, industry or undertaking which caters for the tourists including setting
up, establishment or running of hotels, motels, hunting lodges, amusement and theme
park, holiday home, tourist res 011, family fan and games, energy park and private picnic
spots of such standard as may be prescribed by the Board.
(2) The exemption nnder sub-section (I) 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
subsaibed and paid up capital of not less than one 1akh taka on the date of
comm.eo.c::cm.enl of its commercial service;
(b) that the said industry shall have such service facilities as the Board may, by
notification in lhe official Gazette, specify in this behalf;
(c) thal a part of the income, profits aod gains deri,-ed from the said industry exempted
under sub-section (1) is reinvested in it or i.s invested in the purchase or bond issued by
the Government, aod such reinvestment or investment is not ..
(i) less than thitty per cent., if it is ao industry set up in the areas referred to in
sub- section (I) (b); and
(it) 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 io the prescribed manner, is made to the Board within one hundred
and rwenry 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.
(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 30th day of ]UDe, 1995
(both days incfusive) shall be exempt from the tax payable under this Ordinance, for the period
specified below-
77
(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 beginoing
with the month of commencement of its commercial service;
(b) if the indust,y is set up in such areas as the Board may, by notification in the official
Gazette, specify to be "Least Developed Areas", for a period of nine years beginning
with the month of commencement of its commercial service;
(c) if the induslry 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 seven years beginning
with the month of its commencement of its commercial service; and
(d) if the industry is set up in the city of Dhaka, Chittagong or Khulna or the
mwucipalityof Rajshahi, or within 15 mile> from the outer limits thereof, for a period of
five years beginning \vi.th the month of commencement of its commercial service.
(2B) The exemption uoder sub-section (2A) shall apply to a touris1 indust,y (hereinafter referred
to u the "said industry"), which fulfils the following conditions, namely: -
(a) that the said industry is owned and managed by a Bangladeshi company having
subscribed and paid up capital of not less than ooe 11.kh 13lca on the date of
comm.tnefflltnl or its c:ommercial service;
(b) that the said industry shall have such service facilities as the Board may, by
notif'icationin !he official Gazette, specify in this behalf;
[(c) that a part of the income exempted under sub-section (2A), represeruing not less than
[ten percent] of such income, is invested, within nine months from the end of the income
year, in the purchase of bonds or securities issued by the Govemmeet and such bonds or
securities are retained for at least three years from the date of purchase.;) s..... by r. A. 1992•
""""'1 by r. )L I~
(cc) Iha! a part of the income exempted under sub-section (2A) is invested, 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 thirty per cent. of such
income, failing which the income so exempted shall, notwithmnding the provisions of
this Ordinance, be subject to tax iu the assessment year for which the exemption was
allowed:
Provid.d that th• quantum of tnvestment r•fRNil to in this claus• shall b•
r,ducu by tho amount of dtvidend, if any, d1c1Drod by tho company 111Joyi11g tax
ucmprion under this sectton;
(d) that an application in the prescribed form for approval for the purposes of this section
as verified in !he prescribed marmer, is made to the Board within (one hundred and
eighty days) of the date of commencement of commercial service;
(e) that the said industry is approved and, during the relevant income year, stands
appro,'edby the Board for the purposes of this section.
(2C) The Board shaJl give its decision on an application made under clause (d) of sub-section
(2B) within three months from the date of receipt of the application by the Board, failing which
the induslry shaJl be deemed to have been approvedby the Board for the purposes of this section.
(3) The profits and gains of the said indust,y to which this section applies sball 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 !he assessee sustains a loss from such
indust,y, ii shall be carried forward and set off against the profits and gains of the said industry
78
Compiled by: Masnm Gazi In association with: Mahmudul Hasan
for the following year and where it cannot be wholly set off, the amount of the loss not so set off,
shall be earned forward for the next year and so on; but no loss shall he earned 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: -
distributed by a company to its shareholders out of the profits and gains exempt from ta.'<
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 Dq,uty Commissioner of Taxes that any one er more of the conditions specified in this
section were 1101 fulfilled, the exemption originally allowed shall he deemed to have been
wrongly allowed and lhe Deputy Commissioner of Taxes may, notwithstanding anything
contained in this Ordinance, re-compute the total income of, and the tax payable by, the ........
for the relennt 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
assessmeot year relevant to the inc:ome year in which tht infringement was discovttt.d.
(7) A tourist industry approved under this section may, not later than six months from lhe date of
approval. apply in writing to the Board for the c:.anoellation of such approval~ and the Board may
pass such orders thereon as it may deem fit.
(8) Notwithstanding anything cootained in this section; the Board may, in the public interest,
cancel or suspend fully or partially the exemption allowed under this section.
46A. Exe-mption from tu of newly established industrial unde-rtakings, ete.. in certain cases. -
(I) Subject to the provisions of this Ordinance, profits and gains under section 28 from an
industrial undertaking, tourist industry or physical infrastructure facility (hereinafter referred to
as the said undertaking) set-up in Bangladesh between the first day of July, 1995 and the thirtieth
day of June, 2008 (both days inclusive) shall be exempt from the tax payable under this
Ordinance for the period specified below-
(•) if the said undertaking is set-up in Dhaka and Chittagong divisions, excluding the hill
districts of Rangamati, Baodarban and Khagrachari, for a period of four years beginning
with the month of commencement of commercial product.ion or operation of the said
undertakini!;
(b) if the said undertaking is set-up in Rajshahi, Khulna, Sylhet and Barisal divisions and
the bill districts of Rangamati, Bandarban and Khagrachari, for a period of six yean
beginning with the month of commencement of commercial production or operation of
the said underta.l:ing.
[E.~planation. - For the purpose of this s«tion; indUS1IUI undertalcing, tourist
industry or physical infrastructure facility does not include expansion of an existing
undertaking
.] WM "7"P. A.. 20&1, 1'01tq_11t1Wy-ilttd 1ly P.A.. lOOS
(IA) industrial undertaking, tourist industry, or physical infrasttuctutt facility does not include
expansion of an existing ondertalcing for the purpose of this section; -
(i) "industrial undertalcing" means an industry engaged in the production of textile,
textile machinery, high value garments, pharmaceuticals, melamine, plastic products,
ceramics, sanitary ware, steel from iron ore, fertilizer, insecticide & pesticide, computer
hardware, petro-chemicals, basic raw materials of drugs, chemicals, pharmaceuticals,
agricultural machine, ship building, boilers, compressors and any other category of
industrial undertaking as the Goverumeot may by notification in the official Gazette
specify.
79
Explanation: 'high value garments' mean overcoats, jackets and suits.

(ii) "physicalinfrastructure facility" means sea or river port, coataiaer terminals, internal
container depot, container freight station, LNG terminal and traasmission line. CNG
terminal and transmission line, gas pipe line, flyover, large water treatment plant &
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
notificationin the official Gazette specify;
(w) "tourist indnstry" 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 (I) shall apply to the said undertaking if it fulfils the
following conditions,namely: -
(i) a body corporate established by or under an Act of Parliament with ita head office
in Bangladesh; or
>- {)-
(ii) a company as defined in the Companies Act, 1913 (VU of 1913) or~~
'lt'!f )11' ~ "'1~ with its registered office in Bangladesh and having a
subscn'bed and paid up capital of not less than one lakh tab on the date of
commencement of commercial production or operation;
[(b) that the said undertaking is engaged in -
(i) the manufacture of goods or materials or the subjection of goods or materials to
any such process, or the exploration and extraction of 111U1eral resources and
processing of agricultural products;
(ii) providing, on commercial basis, physical infrastructw-e facility;
(iii) tourist industry as defined in the explanationto section 46.
Explanation.- For the purposes of this section, "physical infrastructure facility"
means generation. transformation, conversion, transmission and distribution or supply of
electrical energy or hydraulic power, or road, highway, bridge, airport, or the system of
railway or telecommunication,or such other public facility of similar nature as may be
specified by the Board in this behalf by notification in the official Gazette;]
,.., °""""'
>r t. A.
(c) that thiity per cent of the income exempted under sub-<ection (I) 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 (I) 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 tis:1ed with any stock exchange,
failing which the income so exempted shall, norwithstanding the pro,<isions of this
Ordinance, be subject to tax in the assessment year for which the exemption was
allowed:
Provid•d that m« quantum of investment rof•nwl to in this clause shall be
reduced by th• amount of dividend, if any, declared by ths company enjoying tax
exemptionunder this section:
Provided further that the provision forpurchase of shares of a company listed
with any stock exchange referred to in this clause shall not bs applicable to ready mads
garments industry, if it re-invested forty per cent of th• income exempted under sub-
section (I) in the said undertaking or in any new industrial undertaking during the
period of exemption or within one ysar from th• end ofth• period to which the sxemption
und,r thatsub-section relates.
80
(cl) 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 earned 011 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 1(,-ithin six months
from the end of the month) of commencementof commercial production or operation.
(2A) Not•.-ithstandingaoything contained in this section-

(a) where a said undertaking enjoying exemption of tax wider this section is engaged in
my commttcial b'ansaction with another unde1taL:i.ag or company having one or more
common sponsor directors, aud
(b) during the course of making an assessment of the said undertaking if the Deputy
Commissioner of Taxes is satisfied !hat the said undertaking has pwci>ased or sold goods
at hlgher or lower price in comparison to the marut price with intent to reduce the
income o.r another undertaking or ccmpaey- the exemptiee of ta.,: I.hat said undertaking
sh.all be deemed to have been withdrawn for that a.ssessme:nt year in which such
transaction is made.
(3) The Board shall give its decision on an application made wider clause (f) of sub-section (2)
within forty five days from the date of receipt of the application by the Board, failing which the
undertaking shall be deemed to have been approved by the Board for the purposes of this section:
Provided that the Board shall not reject any application made under this section unless
the applicam is given a reasonable opportunity of being heard.
(4) Toe 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":
Pro,,id•d that hi respect of deprectotton, o,ily th• aUowancu for normal depreciation
sp,cifi,d in paragraph J ofth• Third Sch,d11l• shall b• allow,d,
(6) The profits and gains of the said undertalcing shall be computed ~arately from othe1'
income, profi1s 1.11d gains of the assessee, if any, and ,vhere 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 aod whore it cannot be wholly set off, the amount of the loss
oot so set off, shall be carried forward for the next year aod so on, but oo 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 dn>idend 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; ( and) 0~~td byF.A. 1993
(c) any income of the said undertaking resulting from disallowance made under section
30
"""""r'· ·'- ,..,
[(cl) di.idend distribution tax under section 16DJ 0
81
(8) Where any e."temption is allowed under this section and in the course of making assessment,
the Depwy Commissioner of Taxes is satisfied that any one or more of the conditions specified
in this section are not fulfilled, the exemption will stand withdra"\\<'D for the relevant assessment
year and the Deputy Commissionerof Taxes shall determine the tax payablefor such year.
(9) AD.y such undertaking approved under this section may, not latter lb.an 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 orden thereon as it may deem fit.
(10) Notv.itbstandinganything contained in this section, the Board may, in the public interest,
(II) The Board may make rules regulating the procedure for the gruit 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.
468. E .. mption from tu of newly established lndust1·ial undtrrakings ser up b•m-••n the period of
July, 2011 and (Jant, (2019) s.i.,.,- '·A. 101"] S•"1·"1 r.A.2113, ere. in crrtai.n eases. -
(I) Subject 10 the provisions of this Ordinance, income, pmfits and gains under section 28 from
an industrial undertaking (hereinafter referred to as the said undertaking) set-up in Bangladesh
between the first day of July, 2011 and (the thirtieth day of June, (2019] ...._.,.'·A."'"]
s.....,. '·
·'-''" (both days inclusive) shall be exempted from the tax payable under this Ordinance for the
period, and at the rate, specified below:
(Provided that an industry engaged in the production of item as referred to in clause (e)
or clause (I) of sub-section (2) shall be entitled for exemption from tax under the provisions of
this section ,n,en ifit is set up in the dtstricts of Dhaka, Gazipur, Narayangturj or Chittagong.}
S::.1;,s. by f _,t,_ lOll
if the said undertalcing is set-up in-

(i) (Dhalca, Mymensingh and]"""· br f.A.2017 Chittagong divisions, exclusdingDhaka, Narayanganj,
Gaz.ipur, Chittagong, Rangarnati, Bandarban and Khagrachari districts, for a period of five years
-·'-
beginntng v.-iththe month of commencement of commercial production of the said undertaking· -
Period of Exemotion Rate or Esemption
For the lirs1 and second vear I 00,i of income
For the third vear 60% of income
For the fourth year 4~, of income
For the fifth year 20% of income
(ii) Rajshahi, Khulna, Sylbet, Barisal and Rangpur divisions (excluding City Corporation area)
and Rangamati, Bandarban and Khagraehari districts, for a period often years beginning with the
month of commencemfflt or commercial production of the said undertaking:
Ptriod of :E::rtmotion Rate of E::rtmotion
For the first and second vear I 00,i of income
For the third vear 70-.4 of income
For the fourth vear ss,"
of income
For the fifth vear 40".4 of income
For the sath vear 25% of income
For the seventhto tenth vear 200.4 of income:
Provided that any industry engaged i11 the production of item as referred to in clause (e)
or clause (I) of subsection (2) shall be entitled to exemption from tax under th• provision of this
section even ifit is set up in the districts of Dhaka, Gazipur, Narayanganjor Chittagong.],.,,..,.,.
A. 2014] S-.k."rr, A..lOll
82
(2) For the pwpose of the section-

"industrial undertaking" means an industry engaged in the production of-
(a) active pharmaceuticals ingredient industry and radio pbannaceuticals industry;
FA.''"'
(aa) automobile manufacturing industry;] ...... bf
(b) barrier contraceptive and rubber latex;
(c) basic chemicals or dyes and chemicals;
(d) basic ingredients of electronic industry (e.g. resistance, capacitor, transistor,
integrator circuit);
(dd) bi-cycle manufacturing industry;] ••••.byf.A. 20u
(e) bio-fertilizer;
(I) biotechnology;
(g) boilen;
(gg) bric.le made of automatic Hybrid Hoffmann Kiln [or Twmel Kiln] ...._ .,.,..._
20" technology;] ...,.. .,. '-'· 2014
(b) compressors;
(i) computer hardware;
(J) energy t.flicient appliances;
(k) insecticide or pesticide;
(I) petro-chemicals;
(m) pbarmaceutic.als;
(n) processing of locally produced fruits and vegetables;
(o) radio-active (diffusion) application industry (e.g, developing quality or decaying
polymer or preservation of food or disinfecting medicinal equipment);
(p) textile machinery;
(q) tissue grafting; [orJ Om""' by ,. A. ,,n,
[(qq) tyre manufacturing industry; or] ...... byf.A. ,ou
(r) any other category of industrial undertaking as the Government may, by notification
in the official Gazette, specify.
(3) Noti>ithstanding anything contained in sub-section (2), for the purpose of this section
industrial undettaking shall not include expansion of such an existing under1alcing.
(4) The exemption under sub-section (1) shall apply to the said undertalcing if it fulfils the
following conditions, namely: -
(i) a body corporate established by or under any law for the time being in force
with its head office in Bangladesh; or
(i.i) a company u defined in ~ ~ ~ (~ 'lt'ff ll>- ~ ~ with its
registtted office in Bangladesh and ba,>ing a subscn'bed and paid up capital of
not Iess than ewe million taka on the date of comeceeceeieet of commercial
production;
(b) that thirty percent of the exempted income under sub- section (1) is invested in the
siud 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 oooer that sub-section
relatesand in addition to that, another ten percent of the exempted inc.ome under sub-
section (I) is invested in each year before the expiry of three months from the end of the
income ye.ir in the purchase of shares of a company listed with any stock exchange,
failing which the income so exempted sball, notwithstanding the provisions of this
Ordinance, be subject to tax in the assessment year for which the exemption was
allowed:
83
Provided that the quantum of investment rofsrred to in this clause shall be

reduced by tire amount of dividend, if any, declared by the company enjoying tax
exemptionunder this section;
(c) lbat the said undertaking is not fonned by splitting up or by reconstruction or
machinery or plant nsed in business which was being carried on in Bangladesh at any
time before the commencement of the new business;
( d) Iba! the said undertaking is approved, and during the relev-.mtincome year, stands
approved by the Board for the purposes of this section;
(e) that application in the prescribed form for approval forthe purposes of this section, as
verified in the prescribed manner, is made to the Board \\•itbiu. six months from the end
of the month of commencement of commercial product.ion;
(f) that the said undertaking obtained a clearance certificate for the relevant income year
from the Directorate of Eoviroumeot;
(g) that the said undertaking maintains books of accounts on a regular basis and submits
reruroof its inoome as per provisions laid down in section 1S of this Ordinance.] s• P.A.
"'"
(S) Notwith$UOding anything contained in this section. where an undertalcing enjoying
e.umption of tax under this section is engaged in any c.ommercial ttansaction with another
undertakin g or company having one or more common sponsor directors, and during the course of
ma!cing an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied
lbat the said uodertaking 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 wilbdrawu Iba! assessment
year in which such transaction is made.
(6) The Board shall give its decision on an application made under clanse (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 th• Board shall not reject any application made under this section unless
the applicant is given a 1·easo11ableopporllmify of being heard.
(J) The Board may, on an application of auy person aggrieved by any decision or order passed
u.ndtt sub-section (6), if the application is made within fow months of the receipt or such
decision er order, review the previous decision., order or orders and pa,u such order in relation
thereto u it thinks fit.
(8) The income, profits and gains of the unde1talcing to which this section applies shall be
computed in the same manner as is applicable to income chargeable under the bead "Income
from business or profession".
Provided that in rospsct of deprectotton, only tho allowanc.s for normal d,preciofion
spu:ified in paragraph 3 ofth, Third Scbedul« shall bs allow1td.
c.omputed 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 Joss not so set off. shall be carried forward for the following 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 (6) or (7).
(I 0) Unless otherwise specified by the Government, nothing contained in Ibis section shall be so
distributed by a company to its share-holders out of the profits aod gains;
84
(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, [or any individual not being a Bangladeshi citizen is employed or
allowed to work without prior approval of the Board of Investment or any competent authority of
the Govemmeot, as the case may be, for this purpose J ••"'- '1 rA '°" the exemption shall stand
withdrawn for the relevant assessment year aud the Deputy Commissioner of Taxes shall
determine the tax payable for such year.
(12) AD.y 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,
caucel or ruspend fully or partially any exemption allowed under this section.
(14) The Board may make rulu regulating the procedure for the gtant of approval under sub-
section (6), reviewunder sub-section (7), furnish information regarding payment of other taxes
by the said undertaking. and take such other measures connected thttewith or incidental to the
operation of this Stttion as it may deem fit.
[46BB Exemption from tu of ne",Jy established industrial undertakings set up between the period
of July, 2-019 and June, 2024, etc. in certain eases, -
(I) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from
an industrial undertaking (hereinafter referred to as the said undertaking) set-up in Bangladesh
between the first day of July, 2019 and the thirtieth day of June, 2024 (both days inclusive) shall
be exempted from the tax payable under this Ordinance for the period, and at the rate, specified
below:
(i) if the said undertakiog is set-up in Dhaka, Mymensingh and Chattogram divisions,
excluding Dhaka, Narayanganj, Gazipur, Chattognm. Rangamati, Bandarban aud
K.b.agn.chari districts, for a period of five years beginning with the month of
commencement of commercial production of the said undertakin g:
Period of £:r.emntion Race of Exe.motion

For the lint vear 90% of income
For the second vear 80% of income
For the fourth vear 40% of income
For the fifth vear 20% of income
(ii) if the said undertaking is set-up in Rajsbahi, Khulna, SylMt, Barisbal and Rangpur
divisions (excluding City Corporation area) and Rangamati, Bandarban and
K.b.agrachari districts, for a period of tea years beginning with the month of
commencement of commercial production of the said undenaking:
Period of Exemotion Rate of Exemntion

For the first and second vear 90% of income
For the fourth vear 70% of income
For the fifth vear 60% of income
For the sixth vear 50% of income
85
Ptriod of Exemption Rott of Exemption

For the seventhvear 40,'. of income
For the ei•hth vear 30,'. of income
For the ninth vear 20,'. of income
For the tenth year 1 O,'. of income
Provided that any industry engaged in the production of item as referred to in clause
(viii) or clause (xii) of sub section (2) shall be entided to exemption from tax under
th• provision of this section even if it is set up in the districts of Dhaka, Gazipur,
Narayanga,y 01· Chattogram.
(2) For the pwpose ofthis section, "industrial undertaking"means-
(a) an industry engaged in, or in the prodootion of-
(i) active pharmaceuticals ingredient and radio pbarmac:euticals;
(ii) agriculture machineries;
(w) automatic bricks;
(iv) automobile;
(v) barrier contraceptive and rubber latex;
(\.'l) basic components of electronics (e.g. resistor, capacitor, transi.stor,
integrated circuit, multilayer PCB etc.);
(vu) bi-cycle including parts thereof;
(vw) bio-fertilizer;
(i:t) biotechnology based agro products;
(x) boiler includingparts and equipment thereof;
(:u) compressor including parts thereof;
(:rit) computer hardware;
(xw) fwniture
(xiv) home appliances (blender, rice cooker, microwave oven, electric oven,
washing machine, induction cooker, water filter etc.);
(xv) insecticides or pesticides;
(xvi) leather and leather goods;
(xvil) LED TV;
(xvw) locally produced fruits and vegetables processing;
(xix) mobile phone;
(xx) petro-chemicab;
(x:u) phacmaceuticals;
(xxil) plutic recycling;
(xxiii) textile machinery;
(mv) tissue grafting;
(xxv) toy manufacturing;
(xxv,) tyre manufacturing;
[(xxvil) Electrical transformer;
(l<XViii) Artificial fiber or manmade fiber manufacturing;
(xsit) Automobileparts and componentsmanufacturing;
(xxx) Automation and Robotics design, manufacturing including parts and
components thereof;
(rm) Artificial Intelligence based system design aod/or rnannfacturing;
(xx:rit) Nanotechnologybased products manufacturing;
(xxxili) Aircraft heavy maintenance services including parts manufacturing;) ""· br
rs: ?020
86
(b) any other category of industrial undertaking as the Government may, by notification
in the official Gazette, specify,
(3) Notwithstanding anything contained in sub-section (2), for the pwpose of this section
indus1rial undertaking shall not include expansion of such an existing undertaking.
(4) The exemption under sub-section (I) shall apply to the said undertaking if it fulfils the
following con.ditions,namely: -
(i) a body corporate established by or under any law for the time being in force with
(il) a company as defined in ~ ~ )l>:.S ():,:,S "lt'lf )t, 'II ~ with its
registered office in Bangladesh and having a wbscribed and paid up capital of
not less than two million taka on the date of comme:o.cemenl of commercial
production;
(b) that thirty percent of the exempted income under sub-section (1) is invested in the
said undertalcing or in any new industrial undertaking during the period of exemptieu
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 perun.1 of the exempted ineome
under sub--section (I) is invested in each year before the expiry of three months from
the ffld 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
(c) that the said undertaking is uot formed by splitting up or by reconstruction or
machinery or plant used in business which was being carried on in Bangladesh at any
time before the commencement of the uew business;
(d) that the said undertaking is approved, and during the rele,11111 income year, stands
appro,·ed by the Board for the purposes of this section
(e) that application in the prescribed form for approval for the pwpose• of this section.
as ·veri.fied in the prescribed manner, is made to the Board within six months from
the end of the month of commencement of commercial production;
(I) that the said undertaking obtaiued a clearance certificate for the relevant income year
from the Directorate of Envireumeut;
(g) that the said undertaking maintains books of accoums on a regular basis and submits
return of its income as per provisions laid down in section 1S of this Ordinance.
(5) Notwithstanding anything contained iu 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 u.i.thdrawn 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 snb-section (4)
within forty five days from the dale of receipt of the application by the Board, failing which
87
the undertaking shall be deemed to have been approved by the Board for the pwposes of this
section:
Provided that the Board shall 1101 reject any application made under this section
unless the applicant is given a reasonable opportunityof'being. heard.
(J) The Board may, on an application of any person aggrieved by any decision or order passed
decision or order, review the previous decision, order or ordecs and pass such order in
relation thereto as it th.inks fit.
(8) The income, profits and gains of the undertaking to which this section applies shall be
computed in the $&01C manner as is applicable to income chargeable under the head "Income
from business or profession":
Provid,d that In .-.sp,ct of dsprectation, only th, allowanc,s for noM!!al d1pr,clatlo11
sp«tfl,d in paragraph J ofth, Third Sch,dul, shall b, allow.d.
computed ~tely from other income, profits and ~ins of the assessee, if any, and where
t~ assessee sustains a loss from such undertaking it shall be canied 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 fonvardbeyond the period specified by the Board
in the order issued under sub-section (6) or (7).
construed as to exempt the following from tax chargeable under this section, namely-
(a) any di"sidend paid, credited or distributed or deemed to have been paid, credited or
(b) any income of the said undertaking classifiable as "Capilal gains" chargeable under the
previsions of section 31;
(c) any income of the said undertaking resulting from disallowance made under section 30.
(11) Where any exemption is allowed uncle,· 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 or any individual not being a Bangladeshi citizen is
employed or allowed to work without prior approval of any competeot authority of the
Go,·ernment for this purpose, the exemption shall stand withdrawn for the relevant
assessment year and the Deputy Commissioner of Taxes slall 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,
(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
88
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.
Explanation. - For the purpose of this section set-up means completion of establishment of
the industry referredto in this section. "J ""bJ'P.A. 2019
46C. Exemption from tax of newly established physical infrastructure facility set up between the
period of July, 2011 and {Junt-, (2019) S•k.~F.A.lOJ"J 5•1ts..,F.A.ltu, etc. in certain c-a.ses. -
(I) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from
physical infrastructure facility, hereinafter referred to as the said facility, ~I up in Bangladesh
between the first day of July, 2011 and the thirtieth day of June, (2019) s......,., ... ,.14 (both days
inclusive) ,hall be exempted from the lax payable under this Ordinance for ten years beginning
with the month of commencement of commercial ope,·ation, and at the rate, specified below:
Period of E.. mption Rate of E.. mption

For the first and =ond I 00% of income
For the third year 80% of income
For the fourth year 70" of income
For the fifth year 6°''. of income
For the sixth year SO,'. of income
For the seventh year 40% of income
For the eight year 30,'. of income
For the ninth year 20,'. of income
For the tenth year 10-.4 of income.
] SMIJ.by r..UOll
(2) For the purpose of this section, "physical infrastructure facility" means, -
(a) deep sea port;
(b) elevated expressway;
(c) export processing zone;
(d) flyover;
(e) gas pipe line;
(I) Hi-tech park;
(g) Information and Communication Teclwology (ICT) ,ill.age or software technology
zone;
(h) Information Technology (IT) park;
(i) large wattt 1rea1ment plant and supply through pipe line;
(J) Liquefied Natutal Gas (LNG) terminal and tnnsmission line;
(k) mono-rail;
(I) rapid transit;
(m) renewableenergy (e.g energy saving bulb, solar enttgyplant, windmill);
(n) sea or river port;
s.,,..,.,.
(o) [toll road or bridgeJ uoi,;
(p) underground rail;
( q) waste treatmentplant; or
(r) any other category of physical infrastructure facility as me Government may, by
notificationin the official Gazette, specify.
(3) The exemption under sub-section (I) sball apply lo the said facility if it fulfils the following
conditions, namely: -
(a) that the said facility is owned and managed by-
89
with its head office in Bangladesh; or
(it) a company as defined in ~ ~ ~ (~ 'lt'ff :.- ~ $) with its
registered office in Bangladesh and having a subscnoed and paid up capital of
not less than two million taka on the date of commencement of commercial
operation;
(b) that thirty percent of the exempted income under sub-section (I) is invested in the
said facility or in any new physical infrastructure facility dw:ing 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 (I) 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 lis:ted \\o"-ith any stock exchange.,
failing which the income so exempted shall, notwithstanding the provisions of this
Ordinance, be subject 10 lax in the assessmenl year for which the exemption was
allowed:
Provid•d that th• q11a11h1m of lnveshnml ,..f•nwd to In this claus• shall be
rodi1c•d by th• amount of dtvtdend, If any, doclarod by th• company ,nJoylng tax
ta.•mptfon under this sectton:
(c) that the said facility is approved, and during the relevant income year, stands
appro\'ed by the Board for the purposes of this section;
(d) that 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 mom.hs from the end
of the month of commenceme.nt of commercial operation;
(e) that the said facility maintains books of accounts on a regular basis and submits
return of its income as per provisions of section 75 of this Ordinance.
(4) The Board shall give its decision on an application made under clause (d) of sub-section (3)
within forty five days from the date of receipt of the applicationby the Board, failing which the
facility shall be deemed to have been approved by the Board for the purposes of this section:
Provtded that the Board shall not reject any applicationmade under this section unless
the applicantis given a reasonable opporllmilyof being heard.
(5) The Board may, on an application of any person aggrieved by any decision or order passed
uodtt sub-section (4), if the application is made within four months of the receipt of such
decision OI" ordert review the previous decision, order or orders and pass $UCh order in relation
thereto as it thinks fit.
(6) The income, profics and gains of the facility to which this section applies shall be computed
in I.be same m.a.noer as is applicable to income chargeable under the bead "'1Dcome from busines;S
or profession":
P=tded that in rosp,ct of deprectatton. only th• allowancesfor nonnal deprocialio11
specified in paragraph 3 ofth, Third Schedul«shall b, allowed.
(7) The income, profits and gains of the facility to which this section applies shall be computed
separately from other income, profits and gains of the assessee, if any, and wb.er-e the assessee
sustains a loss from such facility it shall be carried forward and set off against the profits and
gains of the said facility for the next year and where it cannot be wholly set off. the amouot 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 period specified by the Board in the order issued under sub-section
(4) or (5).
90
(a) aoy cfa-idend paid, credited or distributed or deemed to have been paid, credited or
(b) any income of the said facility classifiable as "Capital gains" chargeable under the
provisions of section 31;
(c) any income of the said facility resulting from disaJ!owaocemade under section 30.
(9) Where aoy exemption is allowed under this section aod 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 [or any individual not being a Bangladeshi citizen is employed or
allowed to work without prior approval of the Board of lnvestmeol or any competent authority of
the Government, as the case may be, for this pwpose] ..... ..,.,.A. '°'',
the exemption shall stand
withdra\\---n for the relevant assessment year and the Deputy Com.missioner of Taxes shall
determine the tu: payable for such year.
(10) AJJ.y such facility approved under this section may, not late,- than one year from the date of
approval, apply in writing to the Board for the cauoeUation of such approval, and the Board may
pass such order or orders thereon as ir may deem fit.
(II) Notwitbslanding anything contained in this section, the Board may, in the public interest,
cancel or suspend fuUy or partially any exemptionallowed under this section.
(12) The Board may make rules regulating the procedure for the gnnt of approval under sub-
section (4), review under sub-section (5), furnish information regarding payment of other taxes
by the said facility, and take such other measures connected therewith or incidental to the
operation of this section as it may deem fit.) A.dad P.A. een
46CC. Exemption from tu of ntwly established physical infrastrurtnre facility set up between the
period or July, 2019 and June, 2024, etc. in certain cases. -
(!) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from
physical infrastructure facility, hereinafter referredto as the said facility, set up in Bangladesh
between the first day of July, 2019 and the thirtieth day of June, 2024 (both days inclusive) shall
be exempted from the tax payable under this Ordinance for ten years beginning with the month
of commencement of commercial operation, and at the rate, specified below:
Period of Exemption Rate of Exemptien
For the first and second vear 90% of income
For the fowth year 70% of income
For the fifth vear 60% or income
For the su:th year 50% of income
For the seventh ,-ear 40% of income
For the eilthlh year 30% of income
For the ointh vear 20% of income
For the tenth vear 10% of income
(2) For the purpose of this section, "physical infrastructurefacility" means, -

(i) deep sea port;
(it) elevated expressway;
(iii) export processingzone;
(iv) flyover;
(v) gas pipe line
(,'1) Hi-tech park;
(vii) Information and Communication Techoology (ICT) village or software technology
zone;
(viii) Information Technology (IT) park
(ix) large water treatment plant and supply through pipe line;
91
(x) Liquefied Natural Gas (LNG) terminal and transmission line;

(xi) mobile phone tower or tower sharing infutstructure;
(:w) mono-rail;
(xiii) rapid transit;
(xiv) renewable energy (e.g. solar energy plant, windmill);
(xv) sea or river port;
(n,) toll road or bridge;
(nil) underground rail;
(xviit) waste treatmentplant; or
(xix) any other category of physical infrastructure facility as the Government may, by
notification in the official Gazette, specify.
(3) The exemption under sub-section (1) shall apply to the said facility if it fulfils the following
(a) thal the said facili1y is owned and managed by-
with iis bead office in Bangladesh.; or
(ii) a company as defined in ~ •• )l>M! ()l>M! - )r ~ ~ with ils
regis~ed office in Bangladesh and having a subscn'bed and paid up capital of
not 21 less than two million taka on the date of ecmmeacemeer of commercial
operation;
(b) that thirty percent of the exempted income under sub-section (1) is invested in the
said facility or in any new physical infrastruc.rure facility 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,
notwithstandingthe provisions of this Ordinance, be subject to tax in the assessment
year for which the exemption was allowed:
Provided that th• quantum of ilrvestment rt1fi1rrBdto in this clause shall b11-
n,dvc«J by th• amount of dividend, if any, declared by th• company mjoyi11g tax
aempt.ion under this section,
(c) that the said facility is approved, and during the relevant income year, s1a11ds
appro,-edby lhe Board for the purposes of this sectioa;
(d) that application in the prescribed fo,m for approval for the purposes of this section,
as verified in the prescribed mtlt1ller, is made to the Board within six months from
the end of the month of commencement of commercial operation;
(e) that the said facility maintains books of accounts on a regular basis and submits
return of its income as per provisions of section 75 of this Ordinance.
(4) The Board shall give its decision on an application made under clause (d) of sub-section (3)
within forty fin days from the date of receipt of the application by the Board, failing which the
facility sball 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
(5) The Board may, on an application of any person aggrieved by any decision or order passed
decision or order, review the previous decision, order or orders and pass such order in
relation thereto as it thinks fit.
92
(6) The income, profiis and gains of the facility 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 allowaoces for nonnal depreciation
specified in paragraph 3 of the Third Schedule shall be allowed.
(J) The income, profits and gains of the facility 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 facility, it shall be carried forward and set off against the
profits and gains of the said facility for the next year and where it cannot be wholly set oft;
the amount of the loss not so set off, shall be carried forward for the following year and so
on, but no loss sba11 be carried forward beyond the period specified by the Board in the order
wued under ,ub-.section (4) or (5).
(8) Unless otherwise specified by the Oovemmeot, nothing contained in this section shall be so
construed u to exempt the following from tax chargeable under this section, oamely-
(a) any cli\•iclald paid, credited 01· di$11ibuted or deemed to ha,·e been paid, credited or
di.stn"buted by a company to its share-holders out of the profits and gains;
(bl any income of the said facility classifiable as "Capital gains" chargeable under the
provisionsof section 31;
(c) any income of the &aid facility resulting from di&allowance made under section 30.
(9) 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 or any individual not being a Bangladeshi citizen is
employed or allowed to work without. prior approval of any competent authority of the
Govemmeer for this purpose, the exemption shall stand wilbdrawn for the relevant
assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for
such year.
(10) Ally such facility 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.
(11) No"'itbstanding anything contained in this section, the Board may, in the public interest,
cancel or suspend fully or partially auy exemption allowed under this section.
(12) The Board may make rules regulating the procedure for the grant of approval under sub-
section (4), review under sub-section (5), furnish information regarding payment of other
taxes by the said facility, and take such other measures conneaed therewith or incidental to
the operation of this section.) "'">''A. 2011
47. Extmption o.f incomt of co-optrative societies ...

(I) Tax shall not be payable by a co-operative society [[including a c~ti,.., society carrying
oo the business ofba:aking] OmatH1'Jf.A. ?oi2 in respectof.
[(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 wheresuch member is a fum or
an as.sociation of persons, for the personal use of the partners or members thereof;] Omi!l-=I
., r. ~"-101s
(b) the entire income from business carried on by it, if it is engaged in the following: -
(i) agricultural or rural credit;
(it) cottage industry;
(iit) marketing of agricultural produce of its members;
93
(iv) purchase of agricultural implements, seeds, livestock or other articles

intended for agriculture for the pwpose of supplying them to its members; or
(v) such processing, not being the performance of any manufacturing operation
wi1h the aid of power, of the agricultural produce of its members as is ordinarily
employed by a cultivator to render marketable the agriculnual produce raised by
rum;
[(c) any income from interest and dividends derived from its in,·estmenlSwith any other
co-operative society; and)°"""'>r 1· A. ,on
(d) any income derived from the letting of godowns or warehouses for the pwpose of
storage, processing or facilitating the marketing of commodities belonging or meant for
.ate 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 fuJJi1s 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 three
la.kb tab 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
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 0"'11er of an enterprise, means the parents,
spouse and children dependent 011 the owner and employed in the enterprise, whether
wodcing full-time or part-time, or whether for or \\<i.thout any wages, remuneration or
compensation in any form.
(2) Nothing contained in sub-section (I) 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.
94
CHAPTER VII
PAY!\'JENT OF TAX BEFORE ASSF.SS~II:1"T
48. Deduction at source and advance payment of tax. -
(I) Notwilhslanding that regular assessment in respect of any income is to be made later in any
assessment year, and wilhout prejudice to the charge and recovery of tax under this Ordinance
after such assessmeot, 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 advancepaymeot, in accordance with the
previsions 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.
49. Income subjttl to drduc·tionat source. -

(1) Tax payable under this Ordinance shall be deducted or collected at source in respect of the
following income, namely: -
(a) income classifiable under the bead "Salaries";
((11) income from discount on the real value of Bangladesh Bank bills;) ..,. .,,A''°'
(b) income classiable undtt the head "Interest on securities ..;
(bb) income deri\•ed from fixed deposits in banks) !a,"°)'PO. ttt, ' t .., _....,.~No, XXXVlof
ltlS, _., 10-?·ltll w.....!1·7·19111
(c) income derived on account of supply of goods, execution of contracts or services rendered;
[(d) income derived by the importers on account of import of goods;)...._..,.,_,_,.,,
(e) income derived on account of indeutiug commission;
(f) income derived on account of winnings from lottery or crossword puzzles, as referred to in
section 19 (13);
(g) any income chargeable under this Ordinance which is paid or payable to a non-resident;
(b) income classifiable under the head "Income from house property";
(i) income derived on account of export of manpower;
(ii) income derived on account of travel agency com.mission or i.ocemive bonus;
(j) income derived on account of purchase by public auction;
(k) income derived on account of acting in films;
[(I) income derived on account of travel agency comm.is.si.oo.; md]o.-.l'rf.A. J99l
(m) income derived on account of shipping agency commission[ond) °'"""""'·A."";
(o) income derived from commission, discount or fees payable to distributors for distribution
or marketing of manufactured goods;
(o) income deri,...S on account of interest on saving deposits, fixed deposits or term deposits
and share of profit on term deposits;
..
(oo) income derived on account of payment from ,vorten• participation fund.) 1-•.-ci..,.bJP.A.
,.
(p) income derived on account of insurance commission;
(q) income classifiable under the head "Capital gains";
(r) income deffir~ on account of fees forprofessional 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 propeny;
(u) income derived on account of interest on savings instruments;
[(v) income derived on account of bonus or bouns shares issued by a company registered
under the Companies Act, 1913 (VIl of 1913)or~ .. -(~ ~]°"'""'
"vff :.b--1(
eJr.A. 2001
95
(w) income derived on account of running of brick field;

(x) income derived on account of services rendered by the doctors;
[(y) income derivedon account of real estate business and] °""""..,.,. "-"""
(z) income derived on account of commission ofletter of credit;
(za) income derived on account of survey by a surveyor of general insurance company;
[(zl>) income derived on account of commission received by travel agency from airlines; and)
O=.la41,y 1. A. ?OOJ
(zc) income deri"l:·edon account of commission, remunerati

on or charges as a foreign buyer's
agent;
[(zd) income from dividends.],...""''-A.lOOI
[(ze) income derived on account of rendering certain services.] ,._,..,.A.,..,
[(zf) income derived on account of shipping business carried on both inside and outside
Bangladesh by a resident assessee.] "'"'"'.A. 10"
(zg) income derived on accollDt of business of real estate awl land developer;
(zh) income derived by an exporter on account of export ofany commodity;
(zi) income derived by a member of a •tock exchange on account of tramaction of shares,
debentures. murual funds, bonds or securities;
{zj) income dtti, ed cc account of courier business of a non~reside:ot;
1
((zk) income derived on account of export cash snbsidy)°""""..,.,.A.,...

((zkk) income derived on account of export cash subsidy;]·""''.._''"'
((zl) on account of use of credit card by a credit card holder)""'-..,.,''-"""
(zm) on account of [issuance or] Om~•dbJf.A.10oa renewal of trade licence;
[(zn) income derived on account of trustee fees; J OmL"llldbf, ..-.. ??to
(zo) income derived on account of freight forward agency commission;
(zp) income derived on account of rental power,
(zq) income derived on account of interestof Post Office Savings Bank Acconnt;
(zr) incomederived on acconnt of rental value of vacant land or plant or machinery;
(zs) income derived on account of advertisement [;J .........,,_uoo,
(zt) income derived by foreigntechnician serving in a diamond cutting industry [;] A..., f.A.lOIO
[(zu)on account of issue of share at a premiwn]0 ,.....,.,.A. ,ou
[(zv) income derived from transfer of securities or mutual fund units by sponsor shareholders
of a company etc. (;] Sak f..A. 2011] AddiltlP.A. 2010
(zw) deductiOD of tax for services from convention hall, conference centre, room or. as the
cue may be, hall ete.;
[(:a) deduction of tax from residents for any income in connection with any service provided
to any foreign penon.] ....., P.A. 2•11
((zy) income deri,-.,don account of inten,ational gateway service in respect of phone call [;)
Sab&.1,fP • .UOU] W..."'11.A. 1012
[(zz) eelleetien oftu from manufacturer of soft drink.) s.. ,. ..,.,.._ "'"
[(zza) income deri\"M from insurance policy;
(zzb)deduction of tax from local letter of credit (L/C);
(zzc) income derived from any fees, revenue sharing, etc. from cellular mobile phone
operator;
(zzd) incomefrom transfer of share of any stock exchange;
(zze) income from transfer of share of companylisted in any stock exchange;
(zzf) income derived from lease of property[;] .,....,., ..uo1') "'- ..,.,_._ 101+
[(zzff) deduction of tax from any sum paid by real estate developerto land owner.]""· ..,.,., ..
,..,
[(zzg)income derived from the operation of inland ships;
(zzh) income derived from the operation of commercial vehicles.)..._..,.,.._=
96
(2) Tu to be deducted at source under sub-section (1) in respectof any income shall be deducted
in accordance with the provisions of this Chapter by the person responsible for making payment
whichcoastinnes the income of the payee.
(3) For the purpose of this Chapter, "person responsible for making payment", with its
grammatical variatioasand cognate expressions, means-
(a) in the case of payments constituting income classifiable under the head "Salaries,"
[not being payments made by the Govemment,J a.-,,.,.r.A. ,cu 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 ou
secwities," not being payment made by or ou behalf of the Govemment, the authority,
company or other institution issuing the security or the princip.a.1 officer thereof; and
(c) iu 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.
SO. Deduedoe at seeree from salaries ..

(I) The person responsible for making any payment which constitutes income of the payee
classifiable under the head "Salaries" shall, at the time of making such payment, deduct tax on
the amount so payable at a rate representing the average of the rates applicable to the estimated
total income of the payee under that head.
((IA) Notwithslanding the provision of sub section(!), where any Government official is acting
as Drawing and Disbursing Officer (DDO) or making or signing a bill for himself or for any
other official subordinate to him to draw salary from the Government or any authority, as the
case may be, be shall, at the time of making or signing such bill, deduct tax at a rate representing
the average of the rates applicable to the estimated total income of such officials if such annual
salary chargeable to tax exceeds the taxable limit for that. income year.] ....._ "r rA. 20u
[(IB) For the purposes of sub-section (IA), respective Government Accounts Office shall issue a
tax deduction certificate in prescribed form within the thirty 6m day of 1uly following the
financial year.),.....,.,A."'"
(2) At the time of making any deduction under [sul>-sections (I) and (IA)]......,. r. A. lOll, the
amount to be deducted may be increased or decreased for the pu.rpo5eof adjU$ting any excess or
deficiency a.rising out of any previous deductions or failure to make deductions.
[(2A) The payment under [sub-section (I) and (IA)) .....,.,.'·"-'"'' shall be made by such penon
with or without deduction of tax in nccordance with a certificate, issued by the Deputy
Com.mi .. ioner of Taxes after being satisfied oo an application made by the payee iu this behalf,
where such certificate specifies that.
(a) oo tu shall be deducted from the payee in a case where the tax payable on the total
iucome of the payee bas already been deducted or collected from such payee under this
Ordinance: for the rest of the income year; or
(b) IL'< shall be deducted at a lesser rate for the rest of the income year in a case where
the payee may, after adjusting the ta.'< already deducted or collected from such payee
under this Ordinance, be liable to pay a lesser sum of IL'< than the tax chargeable on his
income.] Soh.by"f_,1.. 2013
(3) For the purposes of deduction under [sub-secti on (I) and (IA)) ""'-"r r. '' "'' 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.
97
50A. Deduction at source from discount of the real value of Bangladesh Bank bills. -
Any person responsible for paying aoy amount on accouot of discount on the real value of
Bangladesh Bank bills sball, at the time of making such payment, deduct tax at the maximum rate
on the amount so payable or the rate applicableto such amount, whicheveris greater.
Provided that no tax shall be deducted under this section where the said bill is purchased
by an approved superannuationfund or pension fund or gratuity fand or a recognized providend
fand, or a wori:er' profit participationfund.
SOB. Deductionof tax from paymtnt of rtmuneration to Mtmbrrs of Parliame·nt.-

Any person responsible for making any payment as remuneration to a Member of Parliament
shall, at the time of malcing such payment, deduct tax on the amount so payable at a rate
representing the avenge of the rates applicable to the estimated total remuneration of the payee
for that income year.).....,,.._,. u
(SI. Drduction 111 seuroe from interest or profit on securities ...

Any person responsible for issuing a security of the Government, or security approved by the
Gcceremeet or Banglad.6h Securities and Exchange Commission,. income of which is
classifiable underthe head ..interest on securities' .. shall ceneet incceae-tax at the rate of five
percent (5%) on discount, interem or profit on securities at the time of making payment or credit.
whichever is earlier.) wuy,. A. lO:?O
[SlA. Deduction at searee from interest on fixed deposits. -

Any person responsible for paying any sum by way of interest on any fixed deposit maintained
with any scheduled bank including a co-operative bank or by -..-.y of share of profit on term
deposit maintained with any bank run on Islamic principles,as the case may be, shall deduct, at
the time of credit of such interest or share or profit to the account of the recipient, being resident,
or at the time of the payment thereof, whichever is earlier, income tax at the following rates
namely:-
(i) where the amount of deposit Nil
does not exceed tab 40,000
(ii) Where the amount of deposit IO per cent, of the swn of inter.. 1 or share of profit, as
exceeds Tab 40,000 the case may be, on the ,,thole of such deposit.
Pro-,ded that nothing contained in this section shall apply to such recipient or class of
"1•-
recipients as the Boan may, by a general or specila order, spectfy ,n this bebat!.) llA "' 0 ""
_. .._~LT (__.,ON: 191)(nc-2)Sec.
[52. Deduction from payment to contractors, ere..
(I) Where any payment is to be made by a specified person to a resident on account of-
(a) execution of a contract, other than a contract forproviding or rendering a service
mentioned in any other section of Chapter Vil;
(b) supply of goods;
(c) manufacture , process or conversion;
(cl) printing, pacl:aging or binding;
The person responsible for making the payment shall, at the time of malcing such
payment, deduct tax at such rate, not exceeding ten percent (10%) of the base amount, as
may be prescribed:
98
Compiled by: Masnm Gazi In association with: Mab.mudul Hasan
(Provid,ul that-(
(a) dr• rate of tax shall be fifty percent (50%) highor ifdre payee fails to submit proof of
submission of'retum at the time of making the papnent;].,.. .,,,,... xm
section (1) in respect of the purchase of direct materials that constitute cost of sales or
cost of goods sold of a trading compa11y or a manufacturing company, as the case may
be;]a.-.J .. F..t 10IP
{(bb) the rate of tax shall be fifly percent (50%) higher if die payee does not receive
payment by bank transfer;]s.. byl'.A102/&n........,.,F.A.101>
(C) where any imported goods on wloich tax has been paid at sourceunder section 53 is
supplied, tax at sourc• 011 the said suppiyshallbe B-A, where-
.A= th• amount oftax paid under s«tion SJ.
B= th• amount of tax applicable under this s«tion if no tax w•r• paid und•r
sectton .53. "} s-11.. '>'t.A, 1011
{(d) whu, any goods on which tax has be•n paid at sourc, under seato» 53E Is
suppliod, tax at sourc, 011 th• said st1pply shall be B-A, wh,r•
A = th, amount of tax paid under sectton 53E,
B = th• amount of tax appltcabt« under this soclion if no tax wor, paid under
s,ction 53£:J 1"' i,. l".A.10IP
{Prm:id•d that in caso of th• goods supplied by any distributor or any othor person
under a contract as referred in sub-section (3) of sectton HE, th• term "B" as
mentioned in paragraph (d) shall be computed as follows:
B= {the selling price of the company to the distributor or the other person as
referred in section 53E (3)) x 7% x 5%.J ""- i..F.A.1D111
(2) In this section-
(a) the specified person means-
(i) the government, or any authority, corporation or body of the government, including its
units, the activities of which are authorised by any Act, Ordinance, Order or instrument
having the force oflaw in Bangladesh;
(il) a project, programme or activity where the Government has any financial or
operational involvement;
(iliJ a joint venture or a consortium.;
(iv) a company u defined in clause (20) of section 2 of this Ordinance;
(v) a co-operative bank;
c~,)a co-operative society;
c~-u). fuwxial institution;
(viii) a Non-Government Organization registered with the NGO Affairs Bureau [or a
Micro Credit Organisation having licence with Micro Credit Regulatory Authority],...,.
.
1.A. lt1t •
(ix) a school. a college, an institute or a university;

(x) a bospit.a.l, a clinic or a diagnostic centre;
(X1) a trust or a fund;
(xii) • finn;
[(xiia) an association of persons;)"''.,.'.A. 1019
(xiii) a public-private partnership;

(xiv) a foreign contractor, a foreign enterprise or an association or a body established
outside Bangladesh;
(xv) any e-commerce platform, not being any other specified persons, called by whatever
name having annual turnover exceeding Taka one crore;
99
[(,m) hotel, resort, community center and transport agency !u,'ing annual turnover
exceeding Taka one crore.] sut.1,yf.A.2022
[(xvii) an artificial juridical person] ,~..,.._._. ""
(b) "contract" includes a sub-contract, any subsequent contract, an agreement or an
arrangement, whether written or not;
(c) "base amount" means the higher of the-
(i) contract value; or
(ii) bill or invoice amount; or
(iit) payment;
(d) "payment" includes a transfer, a credit or an adjustment of payment [or an order or
instruction of making payment] w.... t,y P. A.1020.] S:11b&.byf.A. 201,
[SlA. Deduction from payment of reyalties etc ..

(I) \\'btte any payment is IO be made by a specified person to a resident on account of royalties,
franchise, or I.be fee for using license, brand name, pateat, iaveetioa, formula, process, method,
design. panern, know-bow, copyright, tr•demar1c, trade name, literary or musical or artistic
composition. sun-ey, study, forecast, estimate, customer list or any othtt intangibles, the penon
respeasible for makillg 1be payment shall, at the time of making payment, dedu<:t, income tax at
the rate specified below-
Rare of dtduction of tax (% of base
Description of paymtnt amount)
al Where base amount does not exceed taka 25 lakh JO,O
"'' Where base amount exceeds taka 25 lakh 12%
Provided that the rate of tax shall be fifty percent (50%) higher if the payee does not
have a twelve-digit Taxpayer's Identification Number at the time of making the payment.

(a) "specified person" shall have the same meaning as in clause (a) of sub-section (2) of
section 52;
aaangement, whether written or not;
(c) "base amount'' means the higher of the-
(ii) bill or invoice amount; or
(iit) payment;
(d) "payment" includes a transfer, a credit or an adjustment of payment [or an order or
inslroction Of making payment] Ju. by P.A.'°".] S.bo."7P.A.201'
(S2AA. Dedurrion(rom the payment of urtain services. -
[(I) Where any payme111 is to be made by a specified person to a r.. ident on account of a
service as meanoned 1n this section, the person responsible for maku:tg the payment shall, at
the time of making such payment, deduct income tax at the rate specified Ill the Table below: -
Table
SL.:'>o Description of service and paymtnt Rate
I. Ad\.;CIW'Vor consultancv service 100!.
2. (i) Professional service;
(it) technical services fee; or
(w)technical assistance fee. 10%
100
3. (1) Catering service;

(it) Cleaning service;
(iit) Collection and recovery service;
(iv) Private security service;
(v) Manpower supply service;
(n) Creative media service;
(vii) Public relations service;
(viii) Event management service;
(ix)Tnining. worlcsbop, etc. organization and management service:
(x) Courier service;
(iu)Packing and Shifting service;
(xii) Any other service of similar nature-
(a) on col11Jlllss1on or fee 10%
(b) on gross bill amount 2••
4. Media buying agency service
(a) on comD11ss1on or fee 10,.
tn'on -oss bill amouut 0.65!0
-
s. get.
ln~t~ommlSSIOD
-
6.
,---1 •
• >.{tttmg fees, tra1nwg fees or honorarium
•
. >.{ob1le network opt:tato~ technical •
suppo1t service pr:01t1d.tt
-
10,-,
12%
-
8. Cred.atntin1t service 10%
9. >.iotor 2:an~e or worbhoo s,'o
10. Private container port or dockvard service 8%
11. Shinnina a2enrv commission 8~'o
12. Stevedoring/berthoperator /terminaloperator/Ship handling operator -
(a) on commission or fee 10%
lb) on l!)"oss bill amount 5%
13. (i) Transport service, carrying service, vehicle rectal service, Repair and
maintenance service;
(u) Any otber service under any sharing economyplatform including ride
sharing service, coworking space providing service and
accommodation providing service: 5%_
14.
15.
\\'heeling_ charge for electric~ transmission
lnterne< Service
3"·-
- 10%
16. Sernce delivery agents engaged in mobile financ1.1l services or channel
rurtnenof mobile fmanc:ial services. 1 O~'o
17 AAy other service which is not mentioned m Chapter Vil of Illa
Orduwlce and u 001 a service provided by any banlc. insunnce. mobile
financial services or rUllncial institutions. 10,'o
Promled 11U11.
(a) if th• amount for s.,vicas mentioned i11 SL No. 3 and 4 of th• Tab/• shows both
commission or f•• and gross bill amount tax shaUb• tha high,r amounr bawc•n (i) and
(ii) wh.,.•-
{i) tax calculaJed on commission or fee applying ffl• relnianr rate in drs table; and
(ii) B x C x D, wh•r•-
B = Gross bill amount.
C = 10% of Sl. 3 and 2. 5%for SI. 4. and
D = rate of tax applicable 011 commission or fee;
(b) th• rare of tax shall be fifty percent (50%) higher if rhe payee fails to submit proof of
submission of return at ths time of making the payment;
(c) the rats of tax shall be fifty percent (50%) higher ifths payee does not receive payment
by bank transfsr;
101
(d) whsn the Board, on an application made in this b•ha!f. gives cenificat« in writing that
theperson r•ndm·ng such service is otherwise exemptedfrom tax under any provision of
rhis Ordinance, ths payment referred to in this section shall bs made without any
deduction or "'Kithdeduction at a lessBr rate for that income year] S-FA 1IJZl

(•) "specified person" shall have the same meaning as in clause (a) of sub-section (2) of
section 52;
arrangement ~ whether written or not;
(c) "base amount" means the higher of the-
(i11 bill or invoice amount; or
(iit) payment;
(cl) "payment" includes a transfer, a credit or an adjustment of payment [or an order or
instruction of making payment] "'· "7 P.A.'°'';
(e} "professional services" means·
(i) sen-ices rendered by a doctor;
(ii) services rendered by a person canying on any profos.sion or any other services
applying profos.siona.l knowledge.
52 AAA. Colltttion of tu from clearing and fon,•arding agents: -

The Commissioner of Customs shall make collection on account of commission receivable by
clearing and forwarding agents licensed under Customs Act, 1969 at the rate of [ten percent)
Scb,J,y! .. .\.. lCIIO on such commission at the time of clearance of goods imported or exported,
52:B. Collecticn of tu from Cigarette manufacturers. -

Any person responsible for selling banderols to any manufacturer of cigarettes shall, at the time
of selling banderols, collect tax from such manufacturers on account of the manufacture of
cigarette at the rate of ten percent ( I 0%) of the value of the banderols.
Explanation. - For the purposes of thi.s sscffon, ''manufactu.lYI of cigarBltBs" msa11s
manufactur• of cigarBltBSmanually withoutany n1schan;calaid whatsowu.JW..ttrF.A.. JO/f
52C. Deduction at source from compensation against acquisition of proptrty. -

(Any person, responsible for paying any amount of compensation against acquisition by the
Government of 1oy immovable property shall, at the time of pa)'Ul8 such compensation deduct
advance tax at the rate of~ -
P.A.'°"'
(1) [six] ..._ "1 per cent of the amount of such compensation where the immovable
property is siru.at~din any city corporation. paurashava or cantonment board;
""P.A.'""'
(b) [three] .... per cent of the amount of such compensation where the immovable
property is situated outside any city corporation, paurashava or cantonment board.] s•.i,.y P.A.
1010
52D. Deduction ar source from interest on saving instruments. -

Notwithstanding anything contained in any other provision of this Ordinance or any other law
being in force in respect of exemption from tax on interest of savings instrument purchased by an
approved superannuation fund or pension fund or gratuity fund or a recognized provident fund or
a workers profit participation fund,any person responsible for making any payment by way of
interest on any savings instruments shall, at the time of such payment, deduct income tax at the
rate of(ten percent (10%)) .,..,., s: ,oi, on such interest:
102
Provided lllat no tax shall l,e deducted under this section wher• the cumulative
investment at tire end of the income )'ear in the pensioners' savings certificai«does exceed five
lakJr taka:
Provided farther that no tax shall be deducted from interest or profit arising from Wage earners
development bond, US dollar premium bond, US dollar investment bond, Euro premium bond,
Euro investmentbond, Pound sterling investment bond, pound sterling investment bond or Pound
sterlingpremium bond.] s..._.,.F. .._ ,.,.
[SIDD. DNl.uction from payment to a beneficiary of workers' participation fund. -

(I) Notwithstmdiug anything contained in auy ether provision of this Ordinance or any other law
being in force in respect of exemption from tax ou payments from wod:en' participation fund,
any penoo responsible for making auy payment from sucb fund to a bei>eficiary shall. at the
time of payment, deduct tax at the rate of 5',4 (five percent) on whole payment.
(2) No tax under sub-section (I) shall be deducted from the payment of worlctt's participation
fund ,vbett the following conditions are met-
(i) the beneficiarydoes not have taxable income; and
(ii) amount of fund does not exceed Taka 25,000.) s..... ,.,,.A.,.,,
[52E. Colleericn of tu on account of bonus: -
The principal officer of any company registered under the Companies Act, 1913 (VIl of 1913) or
~ ~ ~ (~ 'It'll'~ st~ shall, at the time of issuing any bonus to its shareholders,
collect Income-taxat the rate of ten percent on the amount of the bonus.] oe:ie.dbff .. .1,..2001
[SlF. Collection of tax from brick manufacturers. -

Any person responsible for issuing or renewal of permission for the manufacture of bricks shall
not issue or renew such permission unless the application for issuance or renewal of such
permission is accompanied by a tax clearance certificate of the preceding assessment year along
with the receipt of the tu verified by the Deputy Commissioner of Taxes at the following rates:
(a) tab forty five thousand for one section brick field;
(b) tab seventy thousand for one and half section brick field;
(c) tab ninety thousand for two section brick field;
(d) tab one lakb and fifty thousand for brick field producing bricks through automatic
macbine
Explanation. - For th• purpose of this section, th• word •s«rfon• shall hav• th• sam•
m•anfngasdlfln•dln (i!,pt~"'!,"11~""'~ ~ooa.JW..,MJf/9
[52G. Deduction from fttS for services rendtred by doctors. -

The principal officer of any company registered under the Companies Act, 1913 (VIl of 1913)
~ ~ - <- 'l'C'llf ~st~. or the chief executiveof any noe-gevemmeat organisation
registeredwith the Bureau of Non-government Organisation or the chief executive of any trust
registered under the Trusts Act, 1882 (Il of 1882) running any general or specialised hospital or
any diagnostic centre sbaJJ be responsible for making any payment to any doctor wbicb may be
payable to him on account of fees for services rendered by him to a patient in soch hospital or
diagnostic centre aod shall, at the time of making such payment, deduct income tu at the rate of
[five) per cent. on the amount so payable.) .....,..,.,.A.?00<
103
[52K Collec:tionof ta.x &om persons engaged in the real estate business: -
(I) A».y authorityresponsible for approving any plan submitted by any person engaged in the real
estate business for the purpose of constmction of any residential or commercial building shall, at
the time of giving such approval, collect income tax from the person snbmitting such plan at the
following rates: -
(a) where the proposed building is situated within the limits of Dhaka City Corporation or
ChittagongCity Corporation, three pecent, of the estimated cost of construction of such building
or the aggregate of tab one hundred and fl.fly per square metre, whichever is higher:
(b) Where the proposed building is situated within the limits of any other city corporation or ofa
pow-as.t1va of a divisional headquarters or district headquarters, one percent, of the cost of
construction of such building or the aggregate of taka thirty per square metre, whichever is
higher:
(2) The amount of tax referred to in sub-section (I) sh.oil be treated u a payment of tax in respect
of the mcome of the period which would be the income year in which the building referred to in
the sa.td sub .. sects on ss completed] Oa1&e.d brP.A. 2000
521. Deduction from the commis-Sion of terter of crtdit...

A».y penon responsible for opening letter of credit for the purpose of import of goods for himself
or for any other pen.on shall, at the time of collecting commission with respect to teeter of credit,
deduct income tax at the rate of five per cent, on the amount of suchcommission.
[52J. Collection of1u from travel agent, -

A person responsible for paying to a resident auy sum by way of commission or discount for
selling tickets of an airline or for carrying cargo shall deduct or collect advance tax at the time of
paying such commission or allowing discount, at such rate and in such manner, as may be
prescribed]. In. By f .."-.2000 Alb$all-.:iyOIOl!JJld by f.A. 2001
52JJ. Collection of tax from travel agtnt. -

(I) Notwithstanding anything contained in auy other Provisions of Ibis Ordinance, any person
responsiblefor making any paymentto a resident any sum by way of commission or discount.or
any other benefits, called by whatever name, convertible into money for selling passenger tickets
or air carg;o carriage shall deduct or collect advance tax at the nte of zero point three zero
percent (0.3~i) of the total value of the tickets or any charge forcarrying cargo by air at the time
of payment 10 such resident.
(2) Where any incentive bonus, perfonnaoce bonus or any other bendits, called by whatever
namt, is to be paid in relation to such sale of tickets or bill for ca.nying cargo by air in addition to
the amount mentioned in sub-section (I), person responsible for matcing such paymtnt sh.all
deduct an amount equal 10 (A!B) x C, where-
"A.. is the amount of incentive bonus. performancebonus or any other beneJitsas

mentioned in sub-section (2),
"B" is the amount of commissionor discount or any otherbenefits as mentionedin sub-
section (1), and
"C" is the amount of sourcetax on commissionor discountor any otherbenefits as
mentioned in sub-section (I).
104
(3) For the purpose of computation of value of tickets or charge, any payment made in respect of
any embarkation fees, travel tax, flight safety insurance, secwity ta."< and airport tax shall not be
included in such value or charge.
{Explanation. - In this section, "payment" includes a transfer, a credit or an adjustment of
payment.]...._.,.r..<. 201'
52K. Collection of tax by City Corporation or Paurashan at the time of renewal of trade license. -
Any person responsible for renewal of trade licence shall collect tax at the time of such renewal of each
trade license at the rate of -
(a) taka [three thousand] •0 >r r.A. 201• in Dhaka South City Corporation, Dhaka North City
Corporationor Chittagong City Corporation;
(b) taka [two thousand]''""'-'-"" in any othe city ccspcretica;
(c) tab [one thousand] ,.A. 2011 in auy paurashava at any dutrict he.tdquartu;
(d) !aka [6\-e huo<lnd] u. 2•11 in any other paura.d>ava.J '"""1'·,uo"
S2L. Colltcrion of tax on account of trustee Iees. -
Any person responsible for malcing any payment by way of trustee fees, at the time of malcing
such paymeet, shall deduct tax at the rate of ten per cent of the said amount.) o.-.ti.,.P.A-2010
52AI. Colltttion of tu from frtight forward agency commission. -

Any person responsible for malcing any payment by way of freight forward agency commission,
at the time of malcing such payment, (or credit of such payment to the account of the payeeJ Ad"4
f.A.lOU shall deduct tax at the rate of[fifteen percentJSut...,.r.A. 2010 of the said amounL
(SlN. Collection of tax on account of purchase. of power. -

(1) Notwithstanding anything contained in this Ordinance, Bangladesh Power Development Board or
any other person engaged in power distribution, at the time of payment to any person on account
of purchase of power, shall collect, deduct or pay tax on the said payment at the rate of six
percent.
u
(2) Where a person exempted from tax or is subject to a reduced tax nte in an income year, the
Board may. on an application made in this behal( give a certificate in \\--riting that the payment
for that income ye.tr shall be made without auy deduction or with deduction at a proportionately
reduced rate, as the case may be.]•'""'·"""'
520. CoUtcdon of tu: from a foreign technician .Sfl'Ving in a diamond cutting ind·ustry..
The person responsible for malcing any payment which constirutes income chargeable under the
head "Salaries• received by or due to any person who is Mitbe:r a citizen of Bangladesh nor was
resident in Bangladesh in any of the four years immediately preceding the year in which he
arrived in Bangladesh, as remuneration for services rendered by him during such period. as a
technician employed in diamond cutting industries under a contract of service, ra., deducted at
source from his salary by the employer at the rate of five percent shall be deemed to be the final
discharge of tax liability under this Ordinance for a period not exceeding three years from the
date of his arrival in Bangladesh:
Provided lhat such foreign technician may be appointed. in such industry not later than June
30 2010.
105
[52P. Deduction of tu for serviees from convtntion hall, eenferenee centre, ttc.-
(1) Where any payment is to be made by a specified person to any other person on account of
renting or using space of convention ball, conference centre, room or. as the case may be, hall.
hotel; community centre or any restaurant, shall deduct tax at the rats of five per cent from the
whole amount of the payment for the services thereof at the time of making such payment to the
payee:
Provided that no deduction shall be made when such amount is paid directly to the
Government.
(a) "specifiBdperson" shall have the same meaning as in clause (a) of sub-section (2) of
s«tion sz:
(b) "paym011t" shall hav• tho same m•aning as in claus• (d)ofsub-soction (2) ofs.ction
S2.) .S.tyF.C. 1019
(52Q. Deduction of Ta.s from any income remitttd from abroad in connection with any service,
revenue sharing,etc.-
ru,.y person; ttSpOnSibl• for paying or croditing to the account of a person any sum romitttd from
abroad by way of a fee, service charges. commissionor remunerati on. called by whatever name.
or by way of revenue sharing of any name and nature, for-
(a) providing any service rendered in Bangladesh; or
(b) rendering any service or performing any task by a resident person in favour of a foreign
person; or
(c) allowing the use of any online platform for advertisement or any other purposes,
shall deduct tax at the rate often percent at the time of making payment of the sum
or crediting the sum to the account of the payee:
{Pru,.'ided that the rate of deduction under this section shall be 7.5% (seven
pointfiv« percent) where the remittance has been received as considerationfor
controc'U on manufacturing, process or conversion. civil wort. construction,
Bngineering or works ofsimilar nature:
Pi"01,"id•dfu11h.,- that 110 dBduction undsr this section shall 0. mad• against th•
r•mittanc•from abroad which is-
(i) rh• proc•.ds of salllS of softwar« or sarvlcllS of a rafd•nr if lit• tncom«from
such sales or sorvlcllS Is ex•mpradfl·om rax 11nd..- paragraph JJ of Part A ofrh•
Sixrh S<:h•dul•, or
(ii) crc/11dadfrom toral incom, by paragraph 48 [and 61) ,-,y,.c. 1011 of Parr A
ofth• Sixtl! S<:hBdul•.J ••• "'P.A.101I
52R. Dtdurtion of tu from receipts in respect of international phont rail -

(I) The bank, through which any sum ou account of International Gatoway (IGW) Services in
respect of iarematioaal phone call is received, shall deduct tsx at the rate of
(one point five percent (1.5%)) ,.,,..,. r. "· 201• of the total amouot representing the said receipt at
the time of crediting it to the account of the international Gateway (IGW) Services operator.
(2) The Intemational Gateway (IGW) Services operator, by which any sum related to
intematioaa! phone call is paid or credited to the account of Interconnection Exchange (ICX),
Access Netwod: Services (ANS) [, Bangladesh Telecommuaicatien Regulatory Commission
(BTRC)) "'- '1 f.A. mo or any other person under an agreement with the Bangladesh
106
Telecommunication Regulatory Commission (BTRC), shall deduct tu, at the rate of [seven point
five percent (7.5,i)) ....._..,.'·A.
2016 on the whole amount so paid or credited at the time of such
payment or credit under the said agreement ..

[(2A) Where any amonnt is paid or credited in respect of outgoing intemational calls, the
provider of Interconnection Exchange (ICX) services or Access Networlc Services (ANS) shall
deduct tax at the rate of seven point five percent (7.5%) on the whole amonnt so paid or credited
at the time of such payment or credit;J ""·'r'·A.2011
(3) Notwithstanding anything contained in sub-section [(!), (2) or (2A),J ...._ '1r.A.2017 where the
Board gives a certificate in writiog on an application made by a person that income of the person
is exempted from tax or will be liable to tax at a rate of tax less than the rate specified in this
section, the person responsible for such payment shall make the payment-
(•) without deduction of tax; or
(b)after deducting tax at a rate specified io the certificate.)...,...,., ... 2012
[SlS. Colltction oftas from manufacturf'r of soft drink(, etc.] s•~~,A. H•• ...
The Stturity Printing Corporation (Bangladesh) Limited, or aoy other person responsible for
delh-ery of banderols or stamps, shall collect, at the time of delivery of such banderols or stamps
to any ma.nufacrurer of soft drinks (or mineral or bottled water] MM"' P.A. 2014. tax at the rate
of(four per cent (4%)) ...... . ,.'·A.

2011 of the value of sucb (or mineral or bonled water] ..,...,.,.A.
'°'
4 as determined for the purpose of the value added Ta." (VAT).]...._.,.,_._ '°"1°""""'1'.A. '°11
[S2'T. Deduction of tu &om any payment in excess of premium paid on lift insurance policy. -
Any person responsible for paying to a resident,any sum in excess of premium paid for any life
insurance policy maintained with any life insurance company, shall deduct, at the time of
payment of such excess amount to the policy holder, income tax at the rate of five per cent on
such sum:
Provided that no deduction of tax shall be made in case of death of such policy holder.
(52U. Deduction from paymtnl on account of local letter of credit. -

(!} The bank oc any other financial institution extending any credit facility under a local letter of
aedit or any other financing agreement, not being a financing arrau.gemem under sub-section
(2), for purclwing aoy goods in Bangladesh by a person (hereinal\e,- referred to u "Person A")
from any person (hereinafter referred to as '"Person B") for the purpose of trading, or of
reselling after process or conversion shall deduct, at the time of paying or crediting to Person
B, tax at the tale of tbree percent (3%) of the amount so paid or credited in relation to the
purclwe by Person A.
(2) The bank or any otber financial institut.ion extending any credit facility to a distributor under a
financing arrang~en t in which a person (hereinafter tt..ferred to as "Person C") receives
payments from such bank or the financial institution against the invoice or sale of goods to its
distributor (hereinafter referred to as "Person D") shall deduct, at the time of paying or
creditiog payment to Person C, tax at the rate of one percent(!%) of the amolnlt so paid or
credited in relation to the goods invoiced to Person D.
(3) (The tax shall be deducted at the rate of two percent (2%)] Sob. '1'-'-,.,. in the cases of local
letter of credit or any other financing agreement opened or made for the purcbase or
procurement of rice, wheat, potato, onion, garlic, peas, chickpeas, lentils, ginger, turmeric,
dried chillies, pulses, maize, coarse flour, flour, salt, edible oil, sugar, black pepper, cinnamon,
107
cardamom, clove, date, cassia leaf. computer or computer accessories, jute, cotton, yarn and all
kinds of &uits.
((4) Nothing in this section shall limit the applicability of sectioo 52.) °"""'"''-'- '°'°
Explanasion, - For the purpose of this section, "distributor" means a person who performsthe
junction of supply offinished goods produced by another person to the end customer directly or
through any other intsrmediary.J ,... ., F.A. 2()/8
52V. Deduetion from paymtnt by ctllular mobile phone operator. -

The Principal Officer of a cellular mobile phone operator company responsible for making auy
payment, oo account of any revenue sharing or any license fees or any other fees or charges,
called by whatever name, to the regulatoryauthority, shall deduct tax at the rate of ten per cent of
such p,aymenl al the time of credit to the payee or at the time of payment thereof, whichever is
earlier.] ...._.,.,.A. 201"
(53. Colltcdon of lai on account of i.mport of goods. -

The Commissioner of Customs 01' the offiett authorized in this b<b.tlf shall collect advance
income tax at such rate, not exceeding 20% (twenty percent) on lhe value of imported goods, as
may be prescribed.),.._..,.,.._""
(53A. Dedu<tion at sourct from house property. -

(I) Where any specified person is a tenant in respect of a house property or hotel
accommodation, the tenant shall deduct tax fr= the rent of such house property or hotel
accommodationat the rate of five per cent at the time of paymentof such rent.
Explanation: - For the purpose of this section, "rent"means any payment, by whatever
name called, under any lease, tenancyor a,ry other agreement or arrangement for the use of any
house propsrty or hotel accommodation including any furniture, fittings and the land
appurtenant tnereto.
(2) Where, after the assessment made for the relevant year, it is found lhat no tax was payable by
the cweer of the house propertyor 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 lhe owner of the ho= property.
(3) Where lhe Deputy Commissioner of Taxes, on au application made in this behalf, gives a
certificate in lhe prescribed form 10 an owner of ho= property lhat, to the best of his belief, the
owner is not likely to have any assessable income during the year or the inc.ome is otherwise
exempted Crom payment of income tax under any provision of this Ordinance, payment referred
to in sub-section (1) shall be made without any deductionuntil the certificate is cancelled.
(•) "specified person" shall have the same meaning as in clause (a) of sub-section (2) of
section 52;
(b) "payment"shall have lhe same meaning as in clause (cl) of sub-section(2) of section
52.) ... ..,.,_.. ,. ..
108
53AA. Colltttion of tu from shipping business of a resident, -

Commissioner of Customs or any other authority, duty authorised in this behalf, shall not grant
portclearance to a ship 0\1,--Ued or chartered by a resident assessee unless [a certificate is received
in prescribed manner from Deputy Commissioner of Taxes concerned and] sa.&y rs: ioi, tax at
the rate of five per cent of total freight received or receivablein or out of Bangladesh bas been
paid for carriage of passengers, livestock, mail or goods, shipped at any port of Bangladesh:
Provided that tax shall be collected at the rate of three per cent of totalfreight received
or rec.eivabl•from services rendered between Mo or nioreforeigncountries.
[53B. Collection or tax from n,cruiting agents. -

The Director General, Bureau of Manpower, Employment and Training shall not-
(i) grant cle,arancefor export of manpower by rec,uitingagencies unless cha1lan of advance tax
for Tab amounting to 10% (ten percent) of service charge or fees recei,-ed by recruiting agents
on account of export of manpower attached with the application made in this behalf, and
(ii) issue or renew license under section 9 of~ •:f>ic(ti\ e ~ ~. ~o)<> (~o)<> 7lt>I" St,~
~ unless a challan of advance tax for Taka 50,000 is submitted along with the application
made forlicense or renew of license.] Jn1.bf P.A.1021
[S3BB. Deduction of ru from export proceeds or goods, -

(I) The Bank. through which export proceeds of goods of an exporter IS received, shall deduct
tax at the rate of 1•0 (one percent) of total export proceeds at the time of crediting the proceeds to
the account of the exporter.
(2) Where the Board, on an applicationmade in this behalf, gives a certificate in writing that the
income or the exporter is partly or fully exempted from tax under any provision of the Ordinance,
the Bank shall make credit to the account of an asses-see without any deduction of tax or
deduction of tax at a rate lesser than the rate specified in this section for the period mentioned in
that certificate.] s-. bfl.A.l02l
[53BBB. Collection or tax from Member or Stock Exchanges. -

The Chief Executive Officer of a stock exchange shall collect tax al the rate of "zero point zero
five percent (0.05%)" on the value of shares and mutual funds trlllSllcted by a member of a stock
exchange and at the rate of ten percent (10%) on the commission received or receivable by a
member of a stock exchange for the transaction of securities other than shues and mutual funds
""°
at the time of making payment for such transactions.] .. .,,.,.,..._
[S3BBBB. CoUf'ction of t•.:r from f'XJ)Ort of any geods except crrrainirtms. -

The bank, through which export proceeds of an exporter of any goods except knit wear, woven
garm~s. terry towel, carton and accessories of Garments industry jute goods, frozen food,
vegetables, leather goods and packed food i.s received, shall deduct rax ar the rate or [zero point
five percent (0.5%)] '"'·"' •· -~ '"0 of the total export proceeds ar the lime or crediting the
proceeds to the account or the exporter, which shall be deemed to be an ad\'llt>Cepayment 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 tire income of the exporter is partly or fally 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 tire rote specified in this section for tire
period mentioned in that certificate] °""'"'"'FA 10"
109
53C. Colltttion of tu on sale prict of good, or property sold by public auction. -

My person making sale, by public auction through sealed tender or otherwise, of any goods or
properly belonging to the Government or any authority, corporation or body, including its units,
the activities or the principal activities of which are authorised by any Act, Ordinance, order or
instrument having the force of law in Bangladesh or any company [, other than a private limited
company,)°"""'..,.,. A.''"'
as defined in (the Companies Act, 1913 (VII of 1913) or]°""".,.,. A.
'"' 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 properly [or allowing to exercise the rights] ,.._ "1 u. 2•21, as advance tax on the
income from the sale price of such goods or properly from the auction purchaser (at the rate of
I 0% (ten percent) of the sale price:) s,,,..,. , s: '"'
{Pro>id.,J that tho rato of deduction shall b• 1% (on• J1'T'COnt) in caso of sal« of tea by
public auction.}..._ "1'A.
2•21
ExplDnarfon. - For the purposes of this section, sale of any goods or p,ope,1)' includes the
awarding of any lease to any person, including a lease of the right to collect octroi duties, fees or
other levies, by whatever name called, but does 001 include sale ofa plot oflancl.
[53CC Dt-dutrionor eeueenee of tax at source from eeurter business of a. non-tt!idtnr. -

My person being a company registered under the Companies Act, l 913(VII of 1913) or ~
~ - <- 'It'll' :.- "' ~ working as local agent of a non-resident courier company shall
deduct or collect tax in advance at the rate of [fifteen percent] w... 1-"-- 2010 on the amount of
service c.barge accrued from the shipment of goods, documents, parcels or any other things
outside Bangladesh.j o,,..,., A.""
"1 r.
[53CCC. Deduction or eolleetion of tax at source ft·om courier business of a non-resident. -

Afly person being a company registered under the Companies Act, 1913(VII of 1913) or~
~ - (- 'It'll :.- 'It ~ working as local agent of a non resident courier company shall
deduct or collect tax in advance at the rate of fifteen percent (t 5,,) on the amount of service
c.barge accrued from the shipment of goods, documents, parcels or any other things outside
Bangladesh.] """'""'A.''"'
(53D. Deduction from payment to actors, actresses, producers, etc. -
(I) A person respoi1$1l>le for making any part or full payment for purchasing a film, drama or
tele\uioo or radio programme shall deduct tax at the rate of ten percent of the amount paid or
payable at the time of making payment or credit of such payment to the account of the payee.
(2) A person respo,uible for making any part or full payment to another person for performing in
a film. drama, achrtttisement or any television or radio programme sh.all deduct tax at rhe rate of
ten percent of the amount paid or payable at the time of making payment or credit of such
payment to the: account of the payee[:] s~bs.byP.A.2012] s••·"Y'··"- 1011
[Provid.d that no tax shall be deducted under this section if the total paymtmt does not exceed
ten thousand tak,a] S1lk "1 f _-t. 2012
(5300. Deduction of Ill at source from export cash subsidy. -

My person responsible for paying any amount on account of export cash subsidy to an exporter
for promotion of export shall deduct or collect tax in advance at the rate of five per cent on the
amount so payable.J °"""""1,y 1. -'· "'°
110
[53DDD. D•dortion of Ill al seeree from export rash subsidy. -

My person responsible for paying any amount on account of export cash subsidy to an exporter
for promotion of export shall, at the time of payment or credit of such amount, deduct or collect
tax in advance at the rate of [ten percent] Seb,.by f.A. 2019 on the amount so payable.] .S.-.byf-"'- 2012
[53E. Deduction or eolleetion at source from commission, discount or fees etc. -

(1) Afly company roalring a payment or allowing an amount to a distributor, called by whatever
name, or to any other person by way of commission, discount, fees, incentive or performance
bonus or any other performance related incentive or any other payment or benefit of the
similar nature for dislnoution or marketing of goods, shall deduct or collect tax at the time of
payment or allowing the amount at the rate of ten percent (1CI%) of the amount of payment or
the amoun.t allowed or the value of benefits allowed, as the case may be.
(2) My company making a payment in relation to the promotion of the company or its goods 10
any person enpged in the dislribution or mal'l::etingof the goods of the company shall, al the
time of payment, deduct ta.~ at the rate of one poinl five percent (l.S%) oftbe payment
(3) My company,other than an oil marketing company, which sells goods re-
(a) any distributor or
(b) any other person under a contract,
at a price lower than the retail price fi..xed by such company~ shall coUec:t tax from such
distribnror or such any other person al the rate of five percent (5%) on the amount equal
to B x C, where-
B = the selling price of the company to the distnoutoror the other person;
C=5%:
Provided that a cigarette manufacturer company shall collect tax at the time of sale of its
goods to such distributor or to such other person at the rate of three percent (3%) of the
difference between the sale price to the distributor or the other person and the retail price
fixed by such company.
(a) "payment" includes a transfer, credit or an adjustment of payment [or an order or
i.o.struction of making payment] bu. by F. A.1020;
(b} ...con.trac:t"includes an agre-ement or arraagemeat, whether written or not;] ••.\oyr.A2011[
(c) "company" includes a finn.] '"'·"'··"'"'
S3EE. Deduction of tax from c·ommjssion or rtmun,ration paid to agtnt of fortip buytr .•
Where, in accorda.nce with the lerms of lbe tener of credi1 or under any other instruction, a bank,
through which an exporter receives payment for export of goods, pays any aroount out of the
export proceeds to the credit of any person being an agent or a ttpr~tati 1,,-e of the foreign
buyer. as commission, charges or remuneration by whatever name it may be. called, the bank
shall deduct or collect lax in advance at the rate of ([ten per cent (10%)) .......,. r.A."")..,.,.. ,.
r. A.
1010
on the commission, charges or remuneration so paid at the time of such payment.
[53F. Deduction at source from interest on saving deposits and fis:e-d de-posits, ere.-
(!) Notv.iths1anding anything contained in this Ordinance or any other law for the time being in
force in respect of exemption of tax, any person responsible for paying to a resident any sum
by way of interest or sbate ofprofit on any saving deposits or fixed deposits or any term deposit
maintained with any bani: including a co-operative bani: or any bani: run on Islamic principles
or non-banlring financial institution or auy leasing company or housing finance company, as
111
the case 01J1Y 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, wbichever is earlier, income tax ou
such sum at the rate provided in the following table-
Table
SL :',o. Types of the paytt Rate
I. Where the payee is a company 20%
2. I Where the payee is a person other than a comnanv 10%
3. Where the payee is a public university, or an educatiooal institution whose 10%
.. achers are enlisted for Monthly Pay Order (MPO), following the
c:uniculum approved by the Government and whose govemieg body is also
fomied as per Government rules or regulations, or any profe$Sloml mstitute
establuhed under any law and nm by professional body of Chartered
Acc::ountanb. Cost and Mauaaement Accountant$ or Chartered Secretanes
4. I Where the payee IS recognized provident fund, epprcved gratwty fund, s•.
aooroved sucerannuabon fund or oeiwon fuud
(2) Where the pa)tt being a person required to sub01Jt 1etum under section 75 fatls to furnish
proof ofsubmus100 ofreturn, the rate of deduction shall be 50-o lllgher.
(3) For the pu,pose of sub-secnoo (2), the proof of submm100 of return of parent shall be
conssdered as the proof of submission of return of a minor.
(4) Nothing contained m this section shall apply-
(a) to interest or share of profit arising out of any deposit pension scheme sponsored by the
Govemment or by a Bank with prior approval of the Government; or
(b) to such payee or class of payees as the Board may, by a general or special order, specify
that income of such payee or class of payee is otherwise exempted from tax.] SllbsJ,yP-. -'· 2022
53IT. Colleetion of tax from persons engaged in real estate or land development business. -
A».y person responsible for registering any document for transfer of any land or building or
apartment, under the provision of Registration Act 1908 (XVI of 1908), shall not register the
document unless tax is paid at the following rate by the transferrer who is engaged in real estate
or land development business, -
(a) in case of building or aparunent [, constructedfor residential purposes.] ...., 'A '"' situated-
(i) at Gulshan Model Town, Banani, Baridhara, Motijeel Commercial Area and Dillrusha
Commercial Area of Dhaka, taka [one thousand and six hundml] ......., r. .uou per square
metre;
(ii) at Dhanmondi Residential Area, Defense Officers Housma Society (OOHS),
Mahal:hali, Lal01J1tia Housing Society, Uttara Model Town, Bashuodbara Residential
Area, Dhaka Cantonment Area, Karwan Bazar Commercial Area of Dhaka aud
Paochla.ish Residential Area, Khulshi Resiudential Area, A8tabad and Nasirabad of
Chittagong, tab [one thousand and five hundred)......,., _ _._,.., per square metre;
[(iii) in areas other than the areas mentioned in sub-clauses (i) and (ii}-
A. if the area is within Dhaka South City Corporation, Dhaka North City Corporation
and Chittagong City Corporation, taka one thousand per square metre;
B. if the area is within any other city corporation, taka seven hundred per square metre;
C. any other area, !aka three hundred per square metre:
Provided that the rate of source tax under clause (a) in respect of a residential apartment
shall be twenty percent (20%) lower if the siz.e of the apartment, includingcommon
space, is not more than seventy square metre, and forty percent (4°'~) lower if the siz.e of
the apartment, including common space, is not more than sixty square metre.] ,.....,.,.A.
''"'
112
[(aa) in case of building or apartment or any space thereof, consttucted not for the residential
purposes, situated-
(i) in areas mentioned under sub-clause (i) of clause (a), tal:a [six thonsand and five
hundred] ""'-"rr. A.1013 per square metre;
(ii) in areas mentioned under sub-clause (ii) of clause (a), tal:a [five thonsand] .......,. r.
A...lCllJ per square metre;
(w) in areas other than the areas mentioned in sub-clauses (i) and(ii)-
A. if the area is within Dhaka South City Corporation, Dhaka NO<thCity Corporation
and Chittagong City Corporation, taka three thousand aod fin hundred per square metre;
B. if the area is within any other city corporation, tab two thousand and five hundred
per square metre;
C. any othu area taka one thousand and two hundred per 1quare metre.] S-..'rf, A. 20111
2
(b) in cue of land to which the document relates and on which stamp duty is chargeable under
the Stamp Act, 1899 (Act No. ll of 1899) at the rate of-
(i) fi\"e percent for Dhaka, Gazipur, Narayanganj, Munshiganj, Manikganj, Narsingdi and
Chittagong districts;
(ii) thrtt percent for any other district.] ..... '·-'- ""
53G. Dtducrion al sourct from insurance commissien. -

A.Jly person responsible for paying to a resident any sum by way of remuneration or reward,
whether by way of commission or otherwise, for soliciting or procuring insurance business
including business relating to the continuance, renewal or revival of policies of insurance, shall,
at the time of credit of snch 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, whicheveris earlier, deduct income
tax on such sum at the rate of five percent.
[Provided that no tax shall be deducted under this section if total amount of insurance
commission during the income year does not exceed [forty] thousand talw.J""'-'"'F. A. 10fJ6
53GG. Deduction at source from fees, etc. of surveyors of general insuranct company. -
A person responsible for paying to a resident any sum by way of remuneration or fees for
conducting any survey regarding settlement of claim of an insurance shall, at the time of
payment_ deduct income.tax on such sum at the rate of[ten perc:en1Jw..'rr.A. ioi,
[53GGG. Colltttion or tu on tht crtdit bill amount of credit cards. -

Any person respo!Wble for collecting the credit bill amount resulting from the use of credit cards
shall collect tall m advance at the rate of three per cent on the amount so payable by the credit
card holdtt.) a- ~P.A. ...... ,-.q11•dy•lfl•d by ,.0.1001
53B. Colltction of tu on transfer, etc. of property. -

(I) Any registering officer responsible for registering any document of a person under the
provisions of clause (b), (c) or (e) of sub-section (!) of section 17 of the Registration Act, 1908
(XVI of 1908) shall not register any document unless tax is paid at such rate as may be
prescribed in relation to the property to which the document re.lates and on which stamp-duty is
chargeable under Stamp Act, 1899 (ll of 1899) by the person whose righl,title or interest is
sough! to be transferred, assigned, limited or extinguished thereby, at the time of registration of
such document:
Provided that ths rate of tax shall 1101 exceed taka fen /akh and sighty thousand per
katha (I .6S decimal) for land, taka six hundred per square meter for any structure, building, flat,
113
apartment or floor space on tn« land, if any, or four per cent of ths dud valus, whichever is
higher.
(2) Nolhing in Ibis sectioo shall apply to a document relating to:
(a) sale by a bank or aoy financial institution as a mortgagee empowered to sell;
(b) mortgage of any property to any bank or any financial instimtioo against any loan;
[Explanation. - For the pwpose of this sub-section, "financial institution" shall mean the
Bangladesh House Building Finance Corporation or the Bangladesh Development Bank
Ltd.]""-'.,_ t.s:,ou
[(c) transfer of property to a trust or special pwpose vehicle established only for the
purpose of issuing su/ruk approved by government or Secarnies Excbange Commission
and vice versa.] 1:u \or ,.A. 2021
[53HB. Colloction of tax from Iease of property. -

Ally registermg officer responsible for registering. under the R.egistn11on Act 1908 (XVI of
1908), any document 111 relanec lo any lease of unmovable property for 001 less than ten years
shall 001 register such document unless tax is paid 11 a rate of four per cent by the lessor oo the
'°"
lease amount of such property.] ''".,. r.A.
531. Dt-ducrionat sourtf' from interest on deposit of Post Offiu Savings Bank Attount. -
Ally person responsible for paying any amount on account of interest of Post Office Savings
Bank Account shall deduct, at the time of credit to the accounr of the payee or at the time of
p.aym.ent thereof. whichever is earlier. tax on such amount at the rate of ten percent:
{Provided that no tax shall be deducted at sourc• under this section if total amount of interest
does not exceed one /akhfifty thousand taka during the year]a..udbyF.A. "'10
Provided [further] ""-'byF. "- 2010 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, specifj> in the behalf
[53J. Deduction .at searee from rental value of [water body or] tu. '1r.A. ?tn vacant land or plant or
machinery.-
(1) W1zere any payment is to b• made by a specified person to a resident on account of renting
[water bod)· not b..lng gov•rnm•nt property] a, ">" f.A 1022 or using any voe.ant land or plant or
machinay. shall d•duct tax at th• rat, offlv• per cent from th• whol• amount of th• paym,nt at
rho limo of malting such payment to th• paye«.
(2) In this s«tion-
(a) "sp«lfi..Jponon" shall hav, th, sam, m,anlng as In c/auso (a) ofsub-sectton (2) of
s«tion 52;
(b) ''paym,nr" shall hav, tho same meaning as In clause (d) ofsub-soction (2) of section
52.] .......,.'·"-"'"·
53K. Dtdurtion of tax from advtrtising bill of newspaptr or magarlnt privart telt-vi1ion [or private
radio station[, ere.] ,w,w~r-"- 2t1,1s.11s.t.:,P.A. 2:t12. _
The Government or any authority. corporation or body. including its units, the activities or the
principal activities or which are authorized by any Act, Ordinance, Order or any other Instnunent
having the force of law in Baogladesh or any company as defined in clause (20) of section (2) or
any banking company or any insurance company or any co-operative bank established by or
Wider any law for the time being in force or any non-government organization registered with
NGO A.ffiws Bureau or any university or medical college or denial college or engineering
college responsible for making any payment to newspaper or magazine [or) ,,.._.,. t. A.20ll[private
114
radio station or any web site [or any person on account of adverrisemem or] w,u,y 1· A. 201'
purchasing airtime of private television channel or radio st.ation or such web site] s-..1,y 1· A. 2014
shall deduct Ill in advance at the time ofsuch payment at the rate of (four per cent (4%)] s,....,., .
.A.. 201,
[53L. Collection of tax from sale of share at a premium over face value>
Where a company raises its share capital through book building or public offering or rights
offering or placement or preference share or in any other ,vay at the value in excess of face value,
the Securities & Exchange Commission shall collect tax at the rate of three percent on the
difference between the value at which the share is sold and its face value from the concerned
company at the time detmnined by the Securities and Exchange Commission. J o...o br • A. lou
531\1. Collection of tu from tra.nsftr of Sfcurities or mutual fund unit$ by sponsor shareholders of
a company f·IC,.
The Securities & Exchange Commission or Stock Ei<change,as the case may be, at the time of
transfer or dtt.laratioo of transfer or according consent to transfer of securities 0t mutual fund
uni,s of a sponsor shareholder or director or placement holder of a company or spoasor or
placement holdtt of a mutual fund listed ,vith a stock exchange shall collect tax at the rate of five
percent on the difference between transfer value and cost of acquisition of the securities or
mutual fund uni,s.
Explanation. - For the pwpose of this section-
(!) 'transfer' includes transferunder a Gui, bequest,will or an irrevocable trust;
(2) 'transfer value' of a security or a mutual fund units shall be deemed to be the closing
price of securities or mutual fund units prevailing on the day coasent 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.
53N. Collection of tax from transfer of share of shareholder of Stock Exchanges. -

(I) The Principal Officer of a stock exchange shall deduct tax at the rate of fifteen per cent on
any profits and gains arising from the transfer of share of • shareholder of stock exchange
estobli$hed under "[Exchanges Demulualisation Act, 2013 (Act No. 15 of 2013)) at the time of
transfer or declaration of transfer or according consent to transfer of such share, whichever is
earlier.
(2) For the purpose of the computation of profits and gains of share under sub.section (I), the
cost of acquisition of such share shall be the cost of acquisition incurred before (Exchanges
Demutualisation Act,2013 (Act No. 15 of2013)) came into force.
[530 Dedactien of tax from gains of securities traded i.n the Stock E:r(hangt-.s. -
(1) The Principal Officer of a company holding Trading Right Entitlement Certificate (TREC)
under • ..,_ lli~,"1~lii1'1 $, ~~'°• (~~"'
'lt'lll l<I 'II~" of any stock exchangedealing
in shares or securities listed with such stock exchange or a bank or merchant bank or financial
i.nstirution maintaining account of any investor of shares or securities shall deduct tax at the rate
often percem of the realised gains derived by any compay, as defined in clause (20) of section 2
offhis Ordinance,orfirm before closing of a financial year.
(2) For the purpose of calculation of the realised gain of a share or security under sub-section(!),
proportionate average cost of such share or security including all commissions, fees or interest of
115
any loan or ad\'ance paid or charged in relation to the transfer of share or security shall be
deducted from the sale value of such shares or securities.) Omitted by F. A. 2015
53P. Deduc.tion of Ill from any sum paid by real estate developer to land owner. -
Where any person eogaged in real estate or land developmentbusiness pays any sum to the land
owner on accountof signing money, subsistence money, house rentor in any otherform called
by whatevername for the purpose of development of the land of such 01>"11erin accordance with
any power of attorney or any agreement or any written contract, such person sb.aU deduct tax at
the rate of fifteen per cent (15%) on the sum so paid at the time of such paymeot.) ""-"1f.A. ""
[53Q. CoUection of Tu from motornhicles plying commercially. -

(I) The penou respoDS1ble for the registration and fitn ... renewal of motor vehicles shall not
registeror allow 6tlle$$ reaewal unless, a cballan or 1dvance tax at the rate gsvea in the
foUowwg table as attached with the applicallon
Table
Strial Description of tht vehtete Ralf (in
No. takal
I. Bns ba,:mg seats exceeding 52 ~000/-
11.5001-
~ ' Bus having seats
3. , Alr-<:oodiltoned Bus
not exceedin.&11_
37.500/-
4. Double decker Bus 16.000/- •
5. Aic conditioned (Al'\ Minibus/Coaster 16.000/-
6. Non-AC Minibus/Coaster 6 500/-
7. Prime mover 24.000/-
8. Truck. L~ or Tank Lorrv havin2 oavload caoacirv exeeedinz five tons 16.000/-
9. Truck, Lorry or Tank Lony having payload capacity exceeding one and 9,500/-
halftons but not exceedingfive tous
10. Trock, Lorry or Tank Lony having payload capacity not excttding one 4,000/-
and half tons
11. Pirh1n van. human hauler, maxi or auto rickshaw 4.000/-
12. Aic -coaditioaed Taxicab 11,5001-
13. Non-AC Taxicab 4,000/-.
(2) In case of registration or fitness renewal of a vehicle for more tb.ao. one-year. advance tax
wider sub-secllon (I) ,haU be collected ou or before 30• June m every subsequent year or
years follomngthe year m which registration or fitne,s renewal of the ,-dude bas been done.
(3) Where any person fa1b to pay advance tax in accordancewstb sub-secbon (2). the amount of
ad\'lnce tax payable shall be calculated in accordance with A- B formula, wbere-
A • the 1mouo1 or 1d,:ance tax. not paid lo the previous year or years. and
B • the amount of ad\'ance tax payable under sub-sectson (2) for the year m which an asseesee
is mahng the payment.
(4) Advance tax under sub-section (2) shall not be collected if the vehscle is owned by-
(i) the gcvernmeat and the local govemment;
(ii) a projeet, programme or activity under the government and the local governmenr;
(iit)a foreig,,diplomat, a diplomatic mission in Bangladesh, United Nations and its offices;
(iv) a developmeat partner of Bangladesh and its affiliated office or offices;
(v) an educational institutionunder the Monthly Payment Order of the Govemment;
(vi) a public university;
(,"ii) an institution that bas obtained a certificate from the Board that advance tax shall not be
collected from it.
116
53R Colltttion of tu from inland ships. -

(I) The person responsible for granting a certificate of survey or renewing a certificate of survey
under the Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976) shall not grant or
renew such certificate of survey unless a challan of advance tax computed at the rate given in the
following table is attached with the application:
Table
St rial Description of V essel Rate

Xo.
(I) 12\ (3)
I. Inland diips engaged in carrying Ta.ka 125 per passenger (carrying capacity of
passengers IQ inbnd water an inland ship shall be the capaoty of day time
olvin2 in miooth waten)
2. Cargo. Conwner (mulb purpose) and Taka 170 per grou tonnage
Coaster engaged IQ carrying goods ru
lllland\Vltet
3. Dump barge engaged 1n can·yiu1 Talca 125 pe1 grou tonnage
aoods IQ 1lllJlad water
(2) In case of granhng a eernficate of survey or renewing a cer1:1ficate of survey for more than one
year, ach-ance tax under sob-section (I) shall be collected on or before 30th June in every
subsequeut year or years following the year in which grant of or reoe\\ al of such certificate has
1
been done.
(3) Where any person fails to pay advance tax in accordance with sob-section (2). the amount of
advance lL"< payable shall be calculated in accordance with A - B formula. where-
A = the amountof advance tax: not paid in the previous year or years; and
B = the amount of advance tax payable under sub-section (2) for the year in which an
asseesee is making the payment.
(4) For the purpose of this section 'inland ship' and 'inland water' shall have the same meaning as
defined in the Inland Shipping Ordinance, 1976 (Ordinance No. LXXJI of 1976).J w.byr.A. ,oz,
54. Deduction of tax from dividends, -
(The principal officer of a company registered in Bangladesh, or of any other company, shall, at
the time of paying any dividend to a shareboldet·, deduct tax on the amount of such dividend, in
the case of a. resident or a non-resident Bangladeshi, .
(•) if the shareholder is a company, at the rate applicable to a ccmpany;
(b) if the shareholder is a persou other than a company, at the rate often per cent (10%)
where the person receiving such dividend furnishes his twelve-digit Taxpayer's
Identification Number (TIN) to the payer or fifteen per cent (IS%) where the person
receiving such clividend fails to furnish his twelve-digit Taxpayer's Identification
Number (TIN) to the payer;J s.,,>y '· "- 20"
{Provid•d that th• provision of this section shall not b<J appllcabl• to any
distribution of landdivid•nd to a company fb•ing resident in Banglad•sh]
1019
a-,."'
P..t
if such tax•d dividendenjoystax exemptionunder th• provisionsof the paragraph 60
of PartA of the Sixth Schedule.]Tw.byP.A.201•
55. Deduction from income from lottery, etc.-

The person responsible for paying any amount on account of winnings referred to in section
19(13) shall, at lbe time of making such payment, deduct tax payableon lbe amount at the rate of
twenty per cent.
117
Explanation. - For the purposes of this section, the expression "any amount.. means the
value of any goods or assets where the paymenton accountof such winnings is made not in the
formof cash but in the form of goods or other assets.
[S6. Deduction from income of non-residents.-
(I) Subject to the provisions of sub-section (2), the specified person or any other person
responsible for making payment to a non-resident of any amount which constitutes the 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 malriog such payment, deduct tu on the amount
so payable at the rate, specified below:
SL. Rate of
Description of services or payments
No. deduction of tax
I. Advie:_.,,, or consultaw::v service 20%
2. Pre..sh.i-~t ins-tion service 20%
3. Professional service, technical services, technical know.bow or
20%
technical assistance
4. Architedlltt, in1mor design or landscape design, fashion design or
20%
MOCHS deSi""
s. CettificatUM> ratinR etc. 20%
6. Charge or rent for satellite, airtime or frequency, rent for channel
20%
broadcast
7. Legal service 20%
8. lf.anae:ement service includi.ne: even manae:ement 20%
9. Commission 20%
10. RoVSl ltv. license fee or oavments related to intaazibles 20%
11. Interest 20%
12. Advertisementbroad 20%
13. Advertisement makin.2 or 11 Jiaital marketinal w. b)"1-"'2017 15%
14. Air transport or water transport [not being the canying services
mentioned in sections 102 or 103Al t.,byf.A.2018 7.5%
IS. Contractor or sub-contractor of manufacturing, process or conversion, 7.5%
civil work_ comtruction engineering or works of similar nature
16. S•-lier 7.5%
17. Caoital •• ;" 15%
18. Insurance nr.9'niwn 10%
19. Rental ofma eouinmeotetc. 15%
20. [Dividend-
(a) company, fund and trust 20%
lb\ anv Olher not hfoinir a comoaov fund and rrust]S..'7P.A.lffl 30%
21. Artist~ sin•et er olavtt 30%
22. Sala.v or remuneration 30%
23. Exoloratio11or drillin2 in oetrolewn ooerations S.25%
[24. Survey for eeat oil or Pas exnloration 5.25%
24A. Fees.. etc. of sun-evors of PeneraJ insurance companv 2()0/Gl SUbyf.A. lOlt
25. AIJy service for making connectivity between oil or gas field and its
5.25%
exoorr nnint
26. A nv oavn1ems ae:ainst anv services not mentioned above 20%
[27. Bandv.ith n•=ent 10%
28. I,>= other ts 20,.1 Sdl. ~- r.A. 2022
[Provided that when any capital gain arises from the transfer of any share of a company, the
person or the authority, os the case may be, responsible for effecting the transfer of shares shall
not give any effectin respect of such transfer if tax on such capital gain has not bun paid.}!" by
F..A NJ/9
118
[(2) Where, in respect of any payment under this seenon, the Board, on an application made in
this behalf, is satisfied that due to tax treaty or any other reason the non-resident is not be liable
to pay any tax in Bangladesh, or is liable to pay tu at a reduced rate in Bangladesh, the Board
may issue a certificate [within thirty days from the date of receipt of such application
accompanied by all the documents as required by the Board) Sob br '-'· '°" to the effect that the
payment referred to in sub-section (1) shall be made without any deduction or, in applicable
cases, with a deduction at the reduced rate as mentioned in the certificate.'
(2A) Tax deducted UDder this section shall be deemed to be the minimum tax liability of the
payee in respect of the income for which the deduction is made, and shaJI not be subject of
refund or set off or an adjustment against a demand.] 15,bJF.A 2011
((3) For the purpose of this section -
(i) "specified person" shall have the same meaning as in clause (a) of sub-section (2) of section
52 of this Ordinance; and
(ii) ~payment" includes a transfer, a credit, ao adjustment of payment or a.n order or instruction
of making payment.] .... .,.FA. 20"'1 "''·"''·
A.l016
[57. Censequeeees of failurt to deduct, collect, ere. -

(I) Where a person-
(•) fails to deduct or collect tax at source as required by or under the provisioes of this Chapter; or
(b) deducts or collects tax at a lesser rate or in lesser amount; or
(c) after deducting or collecting tax under this Chapter, fails to pay the same to the credit of the
Govemment, or pays to the credit of the Goveroment an amount lower thanthe collected or
deducted amount; or
(d) fails to comply with any other provision of this Chapter;
such person shall be deemed to be an asseesee in default,and without prejudice to any other
consequences to which such person may be liable, shall be liable to pay-
(i) the amount of tu that has not been deducted or collected; or
(ii) the amount which was required to be deducted OI' collected under this Chapter as reduced
by the amount that has been actually deducted or collected; or
(ill) the amoWII that. after bemg collected aud deducted. has not been paid to the credit of the
Government. or
(sv) a penalty not exceedmg Tab ten lal:hs for bewg non-complwlt ID respect of cases other
than the cases mentioned above.
(2) In 1ddt11onto the amount as menuoned in sub-section (I), the penon <hall 1lso be !table to pay an
1ddibonal 1mo11111 at the rate of two percent (2%) per month on the amOllllt other than the penalty
as ment1oned m clauses (i), (ii) and (ii.t) of sub-section (I), as the case or cases may be, calculated
for the period-
(i) in the case of failure to deduct or collect, or of the deduction or collection at lower rate or
amount, from the due date of the deduction or collection to the date of the payment of the
amount, as mentioned in sob-clauses (i) or (ii) of clause (c) of sob-section (!), as the case
may be, to the credit of the Government;
(it) in the case of failure to deposit the amount deducted or collected, from the date of deduction or
collection to the date of payment of the amount, as mentioned in sub- clause (ii.t) of clause (c)
of sub-section(!), to the credit of the Government.
(3) The period for which the additional amount under sub-section (2) is calculated shall not exceed
twenty-four months.
119
(4) The Deputy Commissiontt of Tues shall take necessary action for the realisation of the amount
and penalty as mentioned in sub-section (1) and the additional amount as mentioned in sub-section
(2) from the person referred to in sub-section(1) after giving the person a reasonable opportunity
of being heard.
(5) Where the person responsible for deducting or collecting tax under this chapter is the Government,
or any aulhority, corporation or body of the Government- including its uaits or a project or
programme or activitywhere government has any financial or operational involeemem-
(i) the indi,iduals responsible for approving or allowing the payment or
(ii) the mdfridnals who is responsible for allowing. appro,ing or granting any clearance,
registration. bcense. pmnits, etc.
shall be Jointly and severally !table to pay taxes, penalty or addibonal amount under this section.
(6) Where the penon responsible for deducttng or collecting tax under th1S chapter a I person other
than the Go,·ernment or any authonty, ccrporauoa or body of the Government- u,cludmg Its umts
or a proJec1 or prognmme or acbvity wbe,e government has any financial or operabonal
111volvemeol·
(i) the organw,bon itself, and
(ii) the uidimluab responsible for approving or allowing the payment
shall be JOU>tly and severally liable to pay taxes, penalty or additional amount under this section.
(J) No realisation of the amount mentioned in sub-section (I) shall be made if it is established that
such amount has mean\1t1lile been paid by the person from whom the deduction or collection was
due.] SabiulJf .\.101,a:nbl~ 1,y1_ .. 1022
[57A. Consequences of the issuance of certificate of tax deduction or collection without actual
deduction, eolleerioe or pa)'--ment. -
(I) Where a person issnes a certificate of deduction or collection of tax at sonrce without actual
deduction or collection or payment to the credit of the Governrnent,without prejudice to any
other consequeooes to which he may be liable, tbe person shall be personally liable to pay the
amount not being deducted, collected or paid to the credit of the Gevemmeet.
(2) The deputy commissioner of Taxes shall take necessary action for the collection of amount
mentioned in 1ul>-$ection ( 1) from the person so personally lillble after gi,ing the person a
reasonable opportuaity of being he.ard.] i. .......... 1~• bJF.A. 201t
58. Certificateof dt-daction, ere. of tai:. -

(I) E,-uy person who has deducted or collected any tax under this Chapter shall furnish, to the
person from whom sucb deduction or collection has been made, a certificate oftL'< deduction or
collection specifying therein-
(•) the name and the Taxpayer's Identification Number, if any, of the person from whom
tax bas been deducted or collected;
(b) the amount of deduction or collection of taxes;
(c) section or sections under which tax has been deducted or collected;
(d) the particulars of the payment of deducted or collected amount 10 the credit of the
Govemmeat;and
(e) such other particulars as may be prescribed.
(2) The Board may, by notification in the official Gazette;
(a) specify [the cases in which]•••< brf.A.20l7 the certificate of tax dednction or collection
shall be generated or furnished electronicallyor in any other machine readable or
computer readable media;
120
(b) specify the manner in which such electronic,machiae readable or computer readable
certificate shall be generated or furnished. J St1b1.IIJr· .\. 2016
((3) Every person who has deducted or collected auy tax uoder this Chapter shall furnish a
statement to such income tax authority and in such manner as may be prescribed.] ks by 1-"'- 2011
59. Payment to Govrrnment of tax deducted. -

All sums deducted or collected as tax under the provisions of this Chapter shall be paid within
the prescribed time by the person making the deductinn or collectinn to the credit of the
Government or as the Board may direct.
60. Unauthorized d,duction prohibit,d. -

Save u provided in this Ordinance, no person shall charge. withhold. deduct or collect any sum,
directly or indirectly, as tax. and, where any sum is so charged, withheld, deducted or collected,
it shall be paid in the manner provided in section 59.
61. Powtr to lfl'J ra:s: wir.hoat prejedice to other mode of reeevery. -
The power to levy tax by deduction or collection uoder this Chapter shall be without prejudice to
any other mode of recovery.
62. Credit of ru: deducted or eolleeted at source. -

Nly deduction or collection of tax made and paid to the account of the Government in
accordance with the provisions of this Chapter shall be treated as a payment of tax on behalf of
the person from whose income the deduction or collection was made, or of the owner of the
security or of the shareholder, as the case may be, and credit shall be given to him therefor on the
productinn of the certificate furnished [,along with the proof of payment of such tax to the
accouot of the Govemmeat.] Ad4'd by• .A. 2016 under section 58 in the assessment, if any, made for
the following year uoder this Ordinance:
Provtded that, ifsuch person or such owner obtains, in accordance with the provisions
of this Ordinance, a refand of any portion ofth• tax so deducted, no credit shall be giv•nfor the
amount of such tYfund:
Pro,,1d•dforther that wh•r• such person or own•r is a person who.s• incom• is included
und,r the provtsto11.S of soc/ions 43 (4) or (S) or section 104 or JOS or 106 In the totol income of
anoth.,. J¥non, such othr,· person shall b, d11m.,J ro b• th, person or own,r on wnos« b1ha!f
paym,nr has k,n mad, and to whom cr,dlt shall b• gtv,11 In th• ass,ssm1n1 for th, follawlng
Y"''·
[Pro,1d,d fimh.,. that, notwlthsta11dl11g th, provisions of this section, if such person
d,rt,,•,s lncom, o:empted under section 4S, credit offax dedi,ct.,J or collected at sourc, shall b•
given to him for th• assessment y•ar following nm ajle the aplry of th• period of a•mprlon
allowed under tit• said section.] lubyF.A..JP9J~~~byP..A. t99J
[62A. Procedure of deduenee or colltttion of ta.x at source .. -

Tu payable in respect of income under this Ordinance and deductable under Chapter VII shall
be paid, deducted or collected at source in the manner and as per specifications laid down in the
Eighth Schedule of this Ordinauce:
Providedthat in case of discrepancy,if auy, provisions of Chapter VII of this Ordinance
shall prevail J "'-bf'-'- 2009 - -- by u .. ,011
121
63. Payment of tu where no deduction is made. -

The tax under this Ordinance shall be payable by the assessee direct -
(a) in aoy case where tax bas not been deducted or collected as required by, and in accordaoce
with, the provisionsof this Chapter;
(b) in aoy case where the amount deducted or collected is found, after regular assessment, to be
less thao the tax due from the assessee, to the extent of deficiency; and
(c) in the case of income in respect of which uo provision bas been made for deduction or
collection of tax under the provisions of this Chapter.
64. Advanee payment of tax. -

(1) Except as provided in sub-section (2), tax shall be payable by au assessee during each
financial year by way of advance payment of tax, bereinafter referred to as "advance tax", in
accordance ,-;th the pro,'isions 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 pro,isionally assessed under thi• Ordinance, or the Income-tu Act, 1922 (XI of
1922), exceeds [si.-.c lakh talca) ,,.,..,. P.A. 2011;
(2) Nothing in sub-section (I) shall apply to any income classifiable under the beads
"Agricultural income" and "Capital gains" [excluding gain from trlllSfer of share of a company
listed with a stock exchange] bi P.A. :?Oto
65. Computation of advance ta.x. -

(!) [The mlllimum amount of advance tax)"''·.,.,..._ 2017 payable by an assessee in a financial year
shall be the amount equal to the tax payable ou 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 accordaoce with the preceding provisions of this
Chapter.
(2) The tax payable under sub-section (I) shall be calculated at the rates in force in respect of the
financial year referred to therein.
66. Installments of ad,·ance tax. -

Advance tu shall be payable in four equal instalments on the fifteen1h day of September,
December, March and June of the financial year for which the tax is payable:
Prrn,1d•d that, if lnfor, th• f,jlu11thday of May of tho year, an ass~mont of tho
ass~.- ts compl.t.d In ,.,poet of an tncom« Y"''· lat..- than that on tho basts of which th• tax
was comput.d undu s.ctlon 6j, th• ass_,,,. shall pay In on• lnstallmfflton th• sp«lfl•d date or
In equal lnstalmmls on tho sp.cljl.d dates, if more than on• fall(ngafl,r tho date of tho said
assusm1ni. th• tax compured 011 th, rsvls,d basis as r~1ud by th, amount. if any. paid in
accordanc, with th, originalcomputotton.
67. Estimatt of advanct- ru:. -

(I) Where, an assessee who is required to pay advance ta.'< 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 thao the amount of tax as computed under section 65, be may, after giving to the
Deputy Commissioner of Taxes an estimate of the tax payable by him, pay such estimated
amount of advaecetax, as reduced by the amount, if any, already paid, in equal installments 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
122
amount already paid by him under this section, in any subsequent installment or installments
payable in such financial year.
68. Advance payment of tax by new assessees. -

Any person who bas not previously been assessed by way of regular assessment under this
Ordinance or the Income-ta."< Act, 1922 (XI of 1922), shall before the fifteenth day of June in
each financial year, if his total income, subject to section 64 (2), of the period which would be
the income year for the immediately following assessment year is likely to exceed [[ six] Sob,.by t. •·
1°"'lakb tab]...._.,. t. A. 1010, 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 installments
which may be revised according to section 67(2).
(68A. Advanre 1:u: on c~rtain incomt:. -

(I) A mannfacturer of cigarette shall pay advance tax at the rate of three percent (3%) on net sale
price in every month.
(2) The advance ta."< paid under sub-section (I) shall be adjustable against the quarterly
installments of advanc,e tax payable under section 66.
Explallation. - In this section, "net. sale" shall be A-B, where, A is the gross sale and B is
the value added ta."<aod the supplementary duty, if any, on such gross sale.
68B. Advance tax for die ewners of private motor car, -

(I) Every person owning a private motor car shall be deemed to have an income by which the
motor car is mailltained and shall pay advance income tax to be collected at the rate and in the
manner as mentioned in sub-section (2).
(2) Subject to the provision of sub-section (3), the authority responsible for the registration and
fitness renewal of motor car shall collect, on or before the date of registration or fitness renewal
of the motorcar. advance tax at the following rate-
Serial Amount of
Type and engine capac.ity of meter car
No. tax (in tab)
I A car or a jeep, not exceeding 1500cc or 751::w 25,000/-
2 A car or a jeep, exceeding 1500<:c or 7 51cw but not exceeding 2000cc or I 00 l::w 50,000/-
3 A car or a ieet>, exceedirur 2000cc or l 00 lcw but not exceeding 2500cc or 125 l::w 75,000/-
4 A car or a jeep, exceeding 2500<:c or 125 lcw but not exceeding 3000cc or 150 l::w 1,25,000/-
5 A car or a jeep, exceeding 3000<:c or 150 kw but not exceeding 3500.X or 175 l:w 1,50,0001-
6 A car or a jeep, exceeding 3500<:c or 175 lcw 2,00,000/-
7 Amicrobus 30,000/-
J ..... .,. ....,.,,
Pravidlld that rat« of tax shall be fifty percent (50%) highsr for Mch additional motor car if the
owner has two or more motor cars in his name or injointnamas wi.th othsr psnon or persons.
[(2A) In case of registration or fitness renewal of motor car for more than one year, advance tax
under sub-section (2) shall be collected on or before 30th June in eYery subsequent year or years
followingthe yearin which registrationor fitness renewal of motorcar has been done.
(28) Where any person fails to pay advance tax in accordance with sub-section (2A), the amount
of advancetax payable shall be calculated following A+B formula, where-
A = the amount of advance tax not paid in the previous yearor years; and
123
B = lhe amount of advance tax payable under sub-section (2) for lhe year in which an
assessee is making the payment.] Jiu.bJ'P.A.1021
(3) Ad,1U1cetax under sub-section (2) shall net be collected if lhe motor cu is owned by-
(i) the govemmeat and lhe local government;

(ti)a project, programme or activity under the lhe government and the local government;
(iii) a foreigndiplomat, a diplomatic mission in Bangladesh, United Nations and its offices;
(iv) a development partner of Bangladesh and its affiliated office or offices;
(v) an educational institution under the Monthly Payment Order of the Government;
(,"i) a public university;
(,"ii) any entity that is not a person as defined undel· clause 46 of =tion(2) of this Ordinance;
(,,ii,) a gazetted war-wounded freedom fighter; or
(ix) an institution lhat bJls obtained a certificate from the Board lhat ad\"11.Dce tax shall not be
collected from it.
(4) \Vbere a penoo pays advance tax under sub-section (2), and lhe income from regular sources
of the penoo results in a tax liability less than the said advance tax. the income ofsuch person
shall be deemed 10 be lhe amount that results a tax liability equal to the said advance tax.
(5) The advance tax paid under sub-section (2) shall not be refundable.
[(•)-motorcar" mcludes a jeep or a microbus but does not include a motor vehicle mentioned
in section 53Q and a motorcycle.] SubbyF.A.:!o:n
(b) income from regular sources means income from any source other than the sources
mentioned in sub-section (2) of section 82C.J 1u.-=...,"r•-'- 2016
69. Failure to pay installments of advance tax. -

Where, an assessee who is required to pay advance tax fails to pay any installment of such tax, as
originally computed or, as the case may be, estimated, OD lhe due date, he shall be deemed to be
an assessee in default in respect of such installment.
70. Levy of inttrat for failu.n to pay advance tax. -

Where. in respect of an assessee who is l'equired to pay advance lax,. it is found in the CO\U"Se of
regular usessmeo.t that advance tax has not been paid in accocdance \\t'ith the provisions of this
Chapter, there sbJlll be 1dded, 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.
71. Crtdit of advanct tu. -

Any sum. other th.an a penalty or interest. paid by or recovered from an assessee as advance tax.
shall be treated as a payment of tax in respect of lhe income of the period which would be the
income ye.ar for an assessment for the year next following the year in which it was payable and
shall be givencredit for in the assessment of tax payable by lhe assessee.
72. Interest payable by Government on excess payment of advance tax. -

(I) The Govemmear shall pay simple interest at ten per cent per annum on lhe amount by which
the aggregate sum of advance tax paid during a financial year exceeds lhe amount of tax payable
by him as determined OD regular assessment.
124
(2) The period for which interest under sub-section (I) shall be payable shall be the period from
the first day of July of the year of assessment to the date of regular assessment in respect of the
incomeoflbat year or a period of two years from the said first day of July, whicheveris shorter.
[73. Interest payable by tbe assessee on deficiency in payment of advance tax. -

(I) Where in any financial year advance tax paid by an assessee together wilh the tax deducted or
collected at source, if any, under this Chapter is less than seventy-five percent (75%) of tbe
amount of tax payable by him as determined ou regular assessment, the assessee shall pay, in
addition to the balance of tax payable by him, simple interest at the rate of ten percent (10%) per
annum on the amount by which the tax so paid, deducted and collected falls short of the seventy
five perceol (75%) of the assessed tax:
Providod that the rate of interest shall be fifty percent (50"/o) higher if the return is not filed on or
l>•foro the Tu Day.
(2) The period for which the interest under sub-section (I) is payable shall be the period from the
first day of July next following the fmancial year in which the advance tax was applicable to the
date of ttgular usessmeot in respect of the income of that year or a period of two years from the
said first day of July, whichever is shorter.
(3) Notwithstanding anything contained in sub-sections (I) and (2) where-
(a) tax is paid under section 74; or

(h) provisional assessment has been made under section 81 b111 regularassessment has not
been made, the simple interest shall be calculated in accordance with the following
provisions-
(i) up IO the date or dates 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 so paid falls short of the said seventyfive percent (75'') of the assessed tax
(4) Where as a result of appeal, revision or referencethe amount on which interest was payable
under sub-section (I) 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.
Explanation. ·For th• r1n1oval of doubU, it is he,y.t,y d«lared that in this section,
"r..gular assc.sm•nt'' includes [t11• acc•ptanc• of r.-vfsed r•tum or th• assessment mad• as a
r,mlr oftn. audit und•r section 82BB(7).] s.... byF.A. '°"
73A. Drlay lntrrnt for not fit.inc rrturn on or brfore the Tax Day. -
(1) Where an assessee is required to file a return of iueome for an anessmenr year under section
75 and fails to file the same before the expiry of the Tax Day, the assessee shall, without
prejudice to any other coasequeaces to \Vhich he may be liable to, pay a delay iaterest at the rate
of two perceot (2%) per month on the difference between the tax assessed on rota! income for the
assessment year a.od the tax paid in advance forthe assessment year including the tax deducted or
collected at source;
Explanation. - In this section, the expression "tax assessed on total income" as mentioned in
[clause (a) of]°'"""""'' .A. 2017 sub-section (1) means-
(i) [where the return is subject to assessment under section 82BB, if tax under any other
sub-section of section 82BB is higher than the tax under sub-section (I) of that section,
the higher tu;J °"'"''.A
2017
125
(ii) where the rerum is not subject to assessment under section 8288> tax on total income
as assessed by the Deputy Commissioner of Taxes.
(2) The delay interest uoder sub-section
(I) shall be calculated for a period from the first day immediately followingthe Tax Day to-
(a) where the return is filed, the date of filing the retum;
(b) where the return is not filed, the date of regular assessment:
Provided that the period for calculatiug delay interest under this section shall not exceed
one year.
Providedfurther that the delay interest under this section sball not be payable by an
assessee for whom the proviso of sub-section (5) of section 75 applies.) Sok"rf.A.2016
74. Paymrnt of tax on thr basis of return. -

((!) Every person who is required to file a retum under section 75, 77, 78, 89(2), 91(3) or 93(1)
shall, on or before the date on which be files the return, pay the amount of tu payable by him ou
the basis of such return or as per provision of (sub-section (4) of sec1ion 82C) ''"'·"r '·A.'°'',
which ever is higl>er, 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 uoder sub-section (1) shall be deemed to beve 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 !IX as required by sub-section (I)
shall be deemed to be an assessee in default.
126
CHAPTER VIII
RETURN AND STATEMENT
75. Return or income. -
(1) Subject to the provisions of sub-sectiou (2), every person shall file or cause to be filed, with the
Deputy Commissioner of Taxes, a return of income of the income yez-
(1) if the total income of the person during the income year exceeds the maximum amountthat is
not chargeableto lax ooder this Ordinance; or
(b) if such person was assessed to tax for auy one of the three years immediately preceding that
income year. or
(<) if the person is-
(i) • company; or
(ii)• non-government organization registeredwith NGO Affairs Bureau;or
(iii) a co-operative society; or
(iv) a finn; or
(v) an usociation or persons; or
(,,i) a shareholder dittc:.tor or a shareholder employee or a company; or
(vii) a partDtt or a firm; or
(viii) an employee or the government or au authority corporation, body or units of the
government or formed by any law. order or instrument being in force. if the employee, at
any time in the income year, draws a basic salary oftak.a sixteen thousand or more; or
[(ix) an employee holding an executive or a management position in a business or
profession; or·;] w.1,,.1.A.1011
[(x) a Micro Credit Organisationhaving licence with Micro Credit Regulatory Authority;
or
(:u) a non-resident having permanent establishmentin Bangladesh.)"'"''-'-"'"
(d) if the person, not being an institution establishedsolely for charitable purpose or a fund, has
an income during the inc.ome year which is subject to tax exemption or lower tax rate under
section 44; or
(e) if the penon, at any time during the relevant income year fulfills any of the following
(i) o~-us a motor car; or
(ii) owns a membership of a club regi.ste,·edunder [any law go,·emingvalue added tax;
0<) ...._.,., ... ,..,
(iii) runs any business or profession having trade license from I city corporation, a
paurasb.ava or a union parishad.; or
(iv) has registered with a recognized professional body as a doctor, dentist, lawyer,
cb.a.rterN!accountant. cost and manag~ent ac:cowitan·1~ ecgiaeer, architect or
sut\·eyor er any other similar profession; or
(\t) bas registered with the Board as au income tax practitioner; or
(vi) has a membership of a chamber of commerce and industries or a trade association or
body; or
(~ii) runs for an office of any paurashava, city corporation, or a Member of Parliament;
[or) >u...,. u .. """
(viii) participates in a tender floated by the government, semi-government,autonomous
body or a local authority; or
(ix) serves in the board of directors of a company or a group of companies; or
127
[(x) participates in a ride sharing arrangement by providing motor ,-ebicle:J """1 P.A. ,ou •"'
~.,.l.A..~
[(x) participates in a shared economic activities by providing motor vehicle, space,

accommodation or any other assets; or
(xi) owns any licensed arms; or] .... .,.,.A.,.,.
[(f) if such person is required to furnish proofof submissionofretum under section 184A:] "'"·.,.
1 A.ion
Provided that any non-resident Bangladeshi may file hi.s return of income along with
bank draft equivalent to the tax liability, if any, 011 the basis of such rm,rn, to hi.s nearest
Bangladeshmission and the mission will issue a receipt of such return with official seal and
smd the return to the Board.
((2) A retwu ofancome under sub-sectieu (1) shall not be mandatory for-
(•) an educatJooal U1Stituhon that receives government benefil5 under Moothly Payment
Order r.>IPO) and does not have euglish version cumculum. or
(u) a pubhc U111versity; or
(m)a rec:ogmud pro"dent fund, an approved gratuity fund, a pe1Won fund, an approved
superannuauon fund: or
(t\')a non-resident mdrvidual having no fixed base in Bangladesh; or
(v) any class of J>Oi'SODS which the Board may, by order in of!icw gazette, exempt from
A.'"'
filing the return.] .... '1'
(3) Subject to the provisionof sub-section (4), the return under sub-section (1) shall be-
(•) fwnished in the prescribed form setting forth therein such particulars and
information, and accompanied by such schedules, statements, accounts, annexures or
documenls as may be prescribed;
(b) signed and verified-
(,) 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
authorized by him in this behalf; and when the individualis mentally
incapacitated from attending to his affairs, by his guardian or by any other
person competent to act ou his behalf;
(ii) in the case of a Hindu undivided family, by the Kami, 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;
(lii)in the case of a company ora local authority, by the principal officer thereof;
(iv)in the case of a firm, by ony pa,tner thereof; not being a minor;
(v) in the case of any other •••ociation, by any member of the association or the
principal officer thereof;
(vi)in the case of any other person, by that person or by any J)Oi'SOn competent to act
on his behalf;
(c) accompanied by-
(i) in the case of individual,statements of assets, liabilities and life style as
required under section 80;
(it) in the case of a company, an audited statement of accounts and a
computation sheet explaining the difference between the profit or loss shownin
the statement of accounts and the income shown in the retwn.
(4) The Board may, by notification in the official Gazette, -
(a) specify that any return required to be filed under this section shall be filed
electronically or in any other machine readable or computer readable media;
128
(b) specify the form and the manner in which such electronic, machine readable or
computer readable returns shall be filed.
(5) Every rerum nnder Ibis section shall be filed, unless the date is extended under sub-section
(6), on or before the Tax Day:
Provided that an individual being Government official engaged in higher [education o training
on deputation or leave] ""'- by F.A. 2017 or leave or employed under lien outside Bangladesh shall
file retvrn or returns for the period of such deputation or lien, at a time, within three months
from the date ofthi.s reiurn to Bangladesh.
(6) The last date for the submission of a return for a person may be extended by the Deputy
Commissioner of Tues upon the application by the person in the prescribed form:
Pn»1dBd that th• Deputy Commtsstoner of Taxes may extend th• date up to two months
from th• dot• so sp.cifl•d and h• n1ay further utsnd the date up to two months with the approval
of tho lnspoaing Joint Commissioner./ s.>,.1,yF. A. 2016
(7SA. Rerura of 1'ithholclinC ta:r. -
(I) Every person, being a company or a co-operative society or I non-go,-ernment organi,..tion
registered w~th NGO Affairs Bureau, (a Micro Credit Organisation having licence with Micro
Credit R~gubtoryAuthority, [a university] s•. bf P.A. lo~, a private hospital a clinic, a diagnostic
centre, (an English medium school providing education following in~tional curriculum,
artificial juridical person. local authority,] S1&ti,. bf 1· A. :?o:!O a rumor an association of persoas.] 5""''·
"1 ,. A. 101' shall file or cause to be filed, with the Deputy commissioner of Taxes under whose
jurisdiction he is an assessee, a retum of tax deducted or collected under the provisions of
Chapter VIl of this Ordinance.
(2) The rerum under sub-section (I) shall be-
(a) !iUDished in the prescribed form setting forth therein such particulars and information,and
accompanied by such schedulesstatements, accounts, anne:rures or documents as may be
prescribed;
(b) signed and verified in the manner as specified in clause (b) of sub-section(3) of section 75;
(c) filed half-yearlyby the following dates-
(i) First return: by Thirty-first January of the year in which the deduction or
collection was made;
(ii) Second return: by Thirty-first July of the next year following the year in
,vbich the deduction or collection was made:
Pro•ld1d that th, last date for th, submission of a r,rurn as sp,cifi•d in this sub-
soctfon may b, ,xt1nd1d by tho D1p11ty Commfssfon,r of tax,s upto fiflHn days
from th, dat« so sp,clfi,d.
(3) The Board moy, be notification in the official Gazette, -
(a) specify (the cases in which the) ,..,,. ..,.,.A.,.,,rerum required to be filed under this
section shall be filed electronically or in any other machine readable or computer
readable media;
(b) specify the form and the manner in which such electronic machine readable or
computer readable returns shall be filed.
75AA. Audit of the remrn of withholding tax. -

(I) The Deputy Commissioner of Taxes, with the approval of the (Commissioner] ""'..,. F.A. 2019,
shall select number of rerums of withholding tax filed under section 75A for audit.
(2) The Deputy Comm;ssioner of Taxes shall conduct.the audit of the selected rerum in respect
of the following matters-
129
(a) whether the tax has been deducted or collected at the rate, in the amount and in the
mamier as provided in Chapter VIl of this Ordinance and the rules made thereunder,
(b) -..ilelherthe ta."< collected or deducted has been paid to the credit of the Government,
or bas been paid in accordance with the manner and within the time as prescribed;
(c) whether the certificate of tax deduction or collection bas been furnished in
accordance with the provisions of this Ordinance.
(3) Where an audit under sub-section (2) results in finding,sthat the provisions of this Ordinance
in respect of the matters mentioned in clauses (a), (b) or (c) of sub-section (2) have not complied
with, the Deputy Commissioner of Taxes conducting the audit may take necessary actions under
this Ordinance, including the actions under sections 57,57A aud 124.
(4) No relurD sb.al1 be selected for audit after the expiry of four years from the cud of the year in
v.•hich theretum was filed ..] M1..byr.A.1016
758. Obligation to rurnish Annual lnformatlon Retu.rn. -

(I) Government may, by notification in the official gazette, require any person or group of persons
responsible for registering or maintaining books of account or other documents containing a
record of any specified financial transaction, under any law for the time being in force, to fumish
an Annual Information Return, in respect of such specified financial trans.action.
(2) The Annual InformationReturn referred to in sub section (I) shall be furnished to the Board or
any other income ta."< alllhority or agency. in such form, manner and \\ ithin such time as may be
1
prescn"bed.
[75C. Concurrent jurisdiction. -

Board may, by general or a special order in writing, direct that in respect of all or any
prooeeding,s relating to receiving of returu of income and issuance of acknowledgement thereof
in accordance with the provisions of section 75, 77, 78, 89(2), 91(3) or 93(1), the powers and
functions of the Deputy Commissioner of Tues shall be concurrently exercised by such other
authority as may be specified by the Board.] AddodF.A.20ll
[76 Certificate in place or return. -

Where the entire total income of au assessee during the income year consisted of income
classifiable Wider 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 returu Wider section 75,
file a cemlicate LD such form as may be presc:nbed accompawed, where applicable, by a
statemt:111 referred to ,n section 75 (2) (d) ; and the certificate and statement so filed shall be
deemed for all pwposes of this Ordinance to be a retun1 and statement filed under that secnen.]
0.-. "J'r A lCllt
77. Neriee for filing rtrurn. -
(1) The Deputy Commissioner of Taxes may, at any time after e:<piry of the date specified in
section 75, by a notice in writing, require-
(a) any person, other than a company, to file a returu 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 returu of its total income, if it is not filed.
(2) The return under sub-section(I) shall be filed within such period, not being less than twenty-
one days, as may be specified in the notice or within such extended period as the Deputy
Commissioner of Taxes may allow.
130
78. Filing of ttvis•d return, -

My person who has not filed a return as required by section 75 or 77 or who, having filed return,
discovers any omission or incorrect statementtherein, may. withoutprejudice to any liability
which he may have incurredon this account.. file a retum or a revised return, as the case may be,
at any time before the assessment is made.
[79. Productionof accounts and documents, etc.-
(1) The Deputy Commissioner of Taxes may by notice in writing require an assessee, who has
filed a retum under Chapter V1Il or to whom a notice has been issued to file a return, to produce
or cause to be producedsuch accounts, statements, documents, data or electronic records, not
being earlier than three years prior to the income year, as he may consider necessary for the
purpose of audit or assessment under this Ordinance.
(2) The Deputy Commissioner of Taxes may specify in the notice that the accounts, statements,
documents, di.ta or electronic records or any part thereof shall be produced in such electronic
fotm or by such electronic merua as may be mentioned in the notice.
(3) The accounts, statements, documents, data or electronic records shall be produced on or
before the da.te as may be specified in the notice.
(a) "return .. includes a revised return or an amended return;
(b) "da.ta" includes·~ as defined in clause (10) of section 2 ofq <0 • ~ ~·..,,
(~·"">!till ....~~)
(c) "electronic record» and "electronic form" shall have the same me.aning as assigned to
·~'3'""' ~· and "'•.t"3f.\'" mrt>r' respectivelyin clauses (7) and (5) of section 2 ofrc,rr
e~ ...:\i~-< ~o~ (~o~ 7ftif;f-.o:t-.n_ ~] Sv.bs.byf-'-20!7
[80 Statements of assets, liabilities and life style. -

(I) Every individual assessee, being resident Bangladeshi, shall fumish in the forms and manners as
prescribed, a statement in respect of all [local and global] s"' .,. '-'- ,m assets and liabilities of the
person or the spouse, minor children and dependents of the person as on the last date of the
income year if the person-
(a) has, in the last date of the income year, a gross wealth exceeding tua forty lakh; or
(b) owns a motor car; or
(c) has made an investment in a house property or an apartment in the city corporation area.
(2) Every individual assess« who, under sub-section (I) is not required to submit the statement may
voluntarily submit such slatement.
(3) Every indi,,;c1ua1 sssessee, being a non-resident Bangladeshi, shall submit the statement referred
in sub-section (I) only in respect ofassets located in Bangladesh.
(4) Every indi,,idual assessee, being a ncn-Bangfedeshi, shall submit the starement referred in sub-
section (I) only in respect of assets located in Bangladesh.
(S) Every individual assessee, whose total income does exceed Tab four lakh as on rbe last date of
the income year shall furnish, in the forms and manners as prescribed, a statementof expenses
relating to the life style of the person.
(6) Every individual assessee, being a shareholder director of a company,shall fumish, irrespective of
the total income, in the forms and mannersas prescribed, a statementof expenses relating to the
life style of the person.
(7) Where any statement as mentioned in sub-section (I) or in sub-section (5) is not submitted by a
person being an individual, the Deputy Commissioner of Taxes may require, by notice in writing,
to submit the same by person within the time as mentioned in the notice.] S110Uff ..,L 20'.U
131
CHAPTER IX
ASSESSMENT
81. Provisional assessment. -
(!) The Deputy Commissioner of Taxes may, at any time after 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 retum 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) aljcw, on the basis of the iufo1mation 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
pro,,sionally assessed under sub-section (1), shall be deemed to have been paid towards the
pto\lUional assessment.
(5) ADy 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 offhe amount found payable
after regular assessment shall be refunded to the assessee,
(6) Nothing done or suffered by reason or in consequence of any provisional assessment made
under this section shall prejudice the detetmination on merit of any issue which may arise in the
course of regular assessment.
(J) There shall be no right of appeal against a provisional assessment under this section.
82. Assessmtnt on correct return. -

Where a retum or a revised return has beeu filed under Chapter vm 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 detenniue the tax payable by him on the basis of such return and
communicate the assessment order to the assessee within thirty days next following:
Provfdad rhar -
(1) such retum shall be filed on or before the date specified in [sub-section (S) of section
75)-""'-"-'°";
(b) the amount ef tax payable shall be paid on or before the date on which the return i.s
filed; (and]°'"'_."1,.A. ittl
(c) such return does not show any toss or lesser income than the last assessed income, or
assessment on the basis ofsuc.h return does not result in refund[; and] SIIIK.bfP.A.lOt+
[(d) such return shall mention twelve-digit. Taxpayer's
'°"
Identification Number.] "'-"1'·-'·
82A. Assessment under simplified procedure. -

Where, an assessee, other than a public limited company as defined in the Companies Act, 1913
(VII of 1913) or~~ ll,:.S (ll>l,8 '1tsi! )tr~~' who has previously been assessed for
any assessment year ended on or before the thirtieth day of June, 1995, files a return showing
132
income forthe 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 retum is higher by not less than ten per cent. over the last assessed income and bas also
increased by at least a further snm of ten per cent, for each preceeding assessment year in respect
of which the assessment is pending, the retum filed by the assessee shall be deemed to be correct
aod complete, and the Deputy Commissioner of Taxes shall assess the total income of the
assessee on the basis of such return aod determine the tax payable by him on the basis of such
assessment, and communicate the assessment order to the assessee "'"ith.in thirty days next
following, provided-
(a) he has, at the time of filing such return, made payment of the tax on the basis of the
return, or tab twelve hundred, whichever is higher, aod the OU<$SJilenl on the basis of
such return shall not result in any refund; [and] °"'"""1 f "-'°"
(b) the net accretion of his wealth, if he is required to submit statement of assets and
liabilities uncle,- [clause (c) of sub-section (3) of section 75,)...., ..,.,.._ ,.17 along with his
disclosed family expenses and taxes paid dwing the }'ear, shall not exceed the income
disclosed for the year and the income or receipt,if any, exempted from tax [; and] ,..,,.,. 1·
A. ?014
[(c) such return conrains twelve-digit Taxpayer's Identification Number (TIN).] ....,. .,.
P.A. ?014
[82B. Ass.ttsmtnt on tht ba.$ll of return. -

[(I) Notwithstanding anything contained in this Ordinance, the Board may direct that any return
on income filed by an assessee or class of assessee or classes of assessee for any income year
under any provision of this Ordinance be accepted. J Sok By r --'- 2004
(2) Where a return of income for any income year is directed to be accepted under sub-section
(!), the Deputy Commissioner of Taxes shall receive such return biroself or cause to be received
by any other official authorized by him and issue a receipt of such return with signature and
official seal affixed thereon and the said receipt shall be deemed to be an order of assessment
under section82 for the assessment year for which the return is filed.
(3) Nom.ithstanding anything contained in sub-section (I) and (2) and section 93, the Board or
any authority subordinate to the Board, if so authorised by the Board in this behalf, may select
any of the returns filed in accordance with sub-section (2) and refer the returns so selected to he
Deputy Commissioner of Taxes for the pwpose of audit and the Deputy Commissioner of Texes
$hall pcoceed, if so required, to malr.e the assessment under section 83 or seeuee 84, as the case
may be.] '*- 8J r A. DJ..; .. .-.c1 ~ P O. 1001
[82BB. Univ.nal S•lf Ass•ssm•nt. -

(1) Whtte an assessee files a return of income meuticniag twelve-digit Ta..,cpayH's Identification
Number (TIN) in compliance ,virh the conditions and within the time sptti.fied in section 75 and
pays tax in accordance with the provision of section 74, he shall be issued by the Deputy
Commissioner of Taus or any other official authorised by him, an acknowledgment of receipt of
the rerum and such aclcnowledgment shall be deemed to be an order of assessment of the Deputy
Commissioner of Taxes.
(2) The Deputy Commissioner of Taxes shall process the return filed under sub-section (1) in the
following manner, namely: -
(a) income shall be computed after making the adjustments in respect of any arithmeticalerror in
the retum or any incorrect claim which is apparent. from the existeoce of any information i11
the return or in any statement or document filed therewith;
133
(b) tu and my otbtt amount payable under this Ordinance shall be computed on the basis of the
income computed under clause (a); and
(c) the sum, payable by or refundable to the assesse, shall be determined after giving credit of
the sum paid by way of advance tu including the tu paid at source and the tu paid under
this Ordinance.
(3) Where the process of retum results in a differencein the amount of income, tu or other material
figures than the amount mentioned in the retum filed under sub-section (I), the Deputy
Commissioner of T axes shall serve a notice to the assessee-
(a) communicating him about the difference and enclosing with the notice a sheet of
computation of income, tu, refund or other related particulars that resulted from the process of
retum;
(b) gi,'ing him an opportunity to explain his position in writing within the time specified in the
notice where the proceu of return resulto in additional liability or in reduction of refund, as the
case may be; and
(c) gi,,ing him an opportunity to-
(i) file an amended return, in the applicable cases, within the time specified in the notice,
addressing the diff~ence mentioned in the notice; and
(ii) pay. within the time specified in the notice, the tax and any other amount that becomes
payable as a result of the process;
(4) Where a notice under sub-section (3) is served, the Deputy Commissioner of Taus shall-
(a} send a letter of acceptance of amended retwn within [ninety]""" "1 ._._ 1011 days where all of the
following conditions are fulfilled-
(i) an amended retum is filed in accordancewith the provision of clause (c) of sub-section (3);
(ii) any tu or any other amount, payable under this Ordinance as a result of the process, has
been paid on or before the submission of the amended retum; and
(iit) the difference mentioned in sub-section (3) has been duly resolved in the return;
(b) serve, after the expiry of the date of response of the assessee as mentioned in the notice under
sub-section (3), a notice of demand along with a sheet of computation of income, 111.'<, refund or
other related particulars where any of the conditions mentionedin clause (a) is not fulfilled:
Provided that a notice of demand shall be served within [nine),.., "rf.A.ZOII months from the date
of sen,ing notice under sub-section (3).
(S) Where, aftu filing the return under sub-section (1), the a.ssessee finds that owing to any
unintentional mi.stake the tu or any other amount payable under this Ordinaoce has been paid short
or compuled short by reasons of underreporting of income or overreporting of rebate, exemption or
credit or for aoy other reasons, be may file to the Deputy Commissioner of Taxes an amended return-
(•) altllcbing with the amended return • written statenient mentioning the narure and the reason
forthe mistake;
(b) paying in full. on or before filing the amended return -
(i) the tu and any other amount that was paid shon or computed short; and
(ii) an interest at the rate of two percent (2%) per month on the amount mentioned in sub-
clause (i);
and if the Deputy Commissioner of Taxes is satisfied that the amended retum is filed in compliancewith
the conditions mentionedin clause (a) and (b), he may allow the amended retum:
Providedthat no amended retum shall be allowed-
(a) after the expiry of one hundred and eighty days from the date of filing the original retum
under sub-section (I); or
(b) after the original return has been selected for audit under sub-secti on (7).
134
(6) No notice under sub-section (3) shall be served after the expiry of twelvemonths from the date of the
submissionofrerum under sub-section (1) or amended return under sub-section (5), as the case may be.
(7) The Board or any authority subordinate to the Board, if so authorisedby the Board in this behalf, may
select, in the manner to be determined by the Board, a number of returns filed under sub-section (1) or of
amended returns accepted under clause (a) of sub-section (4) or of amended rerums allowed under sub-
section (5), and refer the same to the Deputy Commissioner of Taxes for the purpose of audit:
Provided that a return filed or an amended return accepted or allowed under this section shall not
be selected for audit where-
(•) such retum or amended return [except the retum of income ofa financial institution) "'"''-"20"
shows at least fifteen percent ( 15%) higher total income than the total income assessed in the
immediately preceding assessment year; and
(b) such retum or amended return-
(i) is accompanied by corroborative evidence in support of income exempted from tax;
(ii) is accompanied by a copy of bank statement or account statement, as the case may be, in
suppot1 of any sum or aggregate of sums of loan exceeding taka fi,,,, lakb taun other than
from a bank or financial institution;
(iii) does not show the receipt of gift during the year;
(iv) dees not show any income \Vhicb is subjectto tax exemption or reduced tax rate under
.stttion44; or
(v) does not show or result any refund; and
[(c) the assessee bas complied with the provisions of sections 75A. 108 and I08A.J "">r'.A.20U
(8) Where after condncting the audit the Deputy Commissionerof Taxes is satisfied that the affairs of the
assessee has not been duly reflectedin the returnor the amended retumor in statements anddocuments
submitted therewith, be shall communicate the findings of the audit to the assessee and serve a notice
requiring him to file a revised return reflecting the findings of the audit, and pay tax and any other
applicable amount on the basis of the revised return on or beforethe filing of such revisedreturn.
(9) Where a revised return is filed and the Deputy Commissioner of Taxes is satisfied that the findings of
audit bas been duly reflected in the revised retum and the tax and any other applicable amount have beeu
fully paid in compliancewith the provision of sub-section (8), be may accept the revised return and issue
a letter of acceptance to the assessee.
(10) Where after the service of notice under sub-section (8) no revised return is filed or the revised retum
that bas been filed does not reflect the fmdings of the audit, or Lu or other applicable amount bas not
been paid in compliance with the provisions of sub-section (8), the Depu,y Commissioner of Taxes
shall proceed to make assessment under section 83 or 84, whichever is applicable.
(11) In the case ofa return submitted under sub-section (I), no question u to the source of initial capital
of the business or profession of a new sssessee shall be raised, if the assessee-
(a) shows income which exceeds the tax exemption threshold and whic.h is not Jess than twenty
percent (20,.'.) oftht initial capital invested in the business or profession;
(b) pays tax on such income at regulartax rate along with any otherapplicable amount on or
before filing of rerum; and
(c) mentions in writing that the retum falls under this sub-section.
(12) In the case of a return for which the provision of sub-section (11) applies, the miwmum amount of
capital maintained in the. business or profession at the end of the income yearand fow- subsequent income
years shall be equal to the iwtia1 capital; and any amount of shortfall of the capital in any income year
shall be deemed as •income from business or profession" for that income year and shall be included in
total income of the assessee.
(13) For the purpose of this section-
(a) a return includes any statement requiredto be filed under section 80;
135
(b) "an incorrect claim which is apparent from the existence of any information in the retwn or
in any statement or document filed therewith" shall mea-n a claim, on the basis ofan entry,
in the retmn or in the statement or document. submitted with the retum-
(i) of an item, which is inconsistent with another entJy of the same, or some other
item, in such return, statement or document; or
(it) in respect of a deduction, exemption, rebate or credit, where such deduction,
exemption, rebate or credit exceeds the specified statutory limit which may have
been expressed as monetary amount, percentage, ratio or fraction;
(c) "regular tax rate" means the rate of tax that would be applicable if the tax exemption or the
reduced rate were not granted;
(d) in calculating fifteen percent (15%) higher total income, the income from the sonrces that are
common between the assessment years for which the retnrn under sub-<ection (1) has been filed
and the immediately preceding assessment year shall be considered. "J,. r A'°"
(SlC. Minimum Tu. -
((!) Notwithstanding anything contained in any other provisions of this Ordinance, minimum tax
shall be payable by an assessee in accordance with the provisions of this section.
(2) Minimum tax on income on sources fi:'om ,vhich tax has been deducted or collected under
certain sections shall be the following-
(a) any tax deducted or collected at source under the provisionsof sections mentioned in clause
(b) shall be the minimum tax on income from the source or sources for which tax has been
deducted or collected;
(b) the tax referred to in clause (a) shall be the tax deducted or collected under sections 52,
52A, (SL No. 1, 2 and (14] S®byr., .. 2022of the Table of sub-section (1) of section 52AA,J
s.i...byH.lOlO 52AAA, 52B, 52C, 520, 52JJ, 52N, 520, [52Q] "'-br'-'-00'-', 52R, 53, 53AA,
53B, 53BB, 53BBB, [53BBBBJ °"""'br'.A."'",53C, 53CCC, 53DDD, [53E,J w.byr.,uo17

53EE, 53F, 53FF, 53G, 53GG, 53H, 53M, 53N [, 53PJ"'-br'-<.201', [53Q, 53RJ!ubrLU022
5and 55:
Provided that the tax deducted or collected from the following sonrccs shall not be the
minim nm tax for the purpose of this sub-section-
(i) tax collected under section 52 from the following persons-
1) a contractor of an oil company or a sub-ccatractor to the contractor of an oil company
as may be prescribed;
b) an oil marketing company and ii. dealer or agent excluding petrol pump station;
c) any company engaged in oil refinery;
d) any company engaged in gas transmission or gas distribution;
(ii) tax deducted under section S3 from import of goods by an industrial undertaking,
[except an industrial undertaking engaged in producing ciemeni. iron or iron products,
..._.,.•.A '°'
( ferro alloy products,] "'· "1 P.A.'"'°· [perfumes and toilet waten J 1] .... "1 FA. '0"
(beverage concentrate J 1a. "Y,..A. 2022 as raw materials forits own consumption;
(iii) tu deducted under section 53F from a source other than the sources mentioned in
clause (c) of sub-section (1) and sub-section (2) of that section;
(c) for the sonrces of income for which minimum tax is applicable, books of accounts shall be
majotained in the regular manner in accordance with the provisions of section 3 5;
(d) income from any source, for which minim nm tax is applicable under this sub-section, shall
be determined in regular manner and tax shall be calculated by nsing (applicable rate] s,>< br
r ..A.1011on such income. If the tax so calculated is higher than the minimum tax. under clause
(a), the higher amount shall be payable on such income:
136
Provided that income shall be determined and tax shall be calculated for certain sources in
the manner as specified in the following-
Serial Sources of income as Amount that will be taken as Rate or

No. mentioned in Income amount of tax
(I) (2) (3) (4)
amount of compensation as as mentioned in
I. Section 52C
mentioned in section 52C section 52C
amount of interest as mentioned in as mentioned in
2. Section 520
section 520 section 520
amouut of export cash subsidy u as mentionedin
3. Section 53000
mentioned in section 53000 section 53000
[Sena! No. 3 and 4 of
aanouut of interest as mentioned in as mentionedin
4. the Table of secllon 53F
(1)1 "-"1'.A.)01l section 53f section 53F
as mentioned in
deed value as mentioned in section
section 53H and
5. Section 53H S3H (less cost ohoquisitioo) "'..,. '-"· tlM,
2010 rule made
thtteunder
(6. Section 53P

any sum paid by real estate developer
to land O\VDef
~ mentioned in
section SlP]
.,.,.A.201,
...
(e) income or loss computed in accordance with clause (d) or the proviso of clause (d)
shall not be set offwi.th loss or income. respectively,computedforany regular source.
(3) Where the assessee has income from regularsource in additionto the income from source or
sources for which minimum tax is applicable under sub-section (2)-
(a) regular tu, shall be calculated on the income from regular source;
(b) the tax liability of the assessee shall be the aggregate of the tax as determined under
sub-section (2) and the regular tax under clause(a).
[(4) Subject to the provision of sub-section (5), minimum tax for an individual, a firm or a
company shall be the following -
(a) an assessee being -
(i) an individual having gross receipts of !aka three crore or more; or
(ii) a firm ha,,ing gross receipts of more than tab fifty lakh; or
(iii) a company,
shall. irrespective of its profils or loss in an assessment year, for any reason
whatsoever,including the sustaining of a loss, tbe settingoff of a loss of earlier year or
yean or the claiming of allowances or deductions (including depreciation) allowed
undet this Ordinance, be liable to pay minimum tax in respect of an assessmenty~r at
the following rate-
Serial No. Classes of assessee Raee of minimum tax

(1) (?) (3)
I. Mannfacrurer of cigarette, bidi, chewing tobacco, 1,'. of the gross receipts
smokeless tobacco or anv othertobacco oroducts
2. Mobile obone ooerator 2% of the O't'OSS receiots
3. Individual other than individual engaged in mobile phone [0.25%]""'..,. '-'· ""' o
operation or in the manufacturing of cigarette, bidi, the gross receipts
chewingtobacco, smokeless tobacco or any othertobacco
products, bavina eross receiots taka 3 crore or more
4. Any other cases 0.6m~ of the gross
receiots:
137
Provided that such rate of tax shall be zero point one zero percent (0.10%) of
such receipts for an industrial undertaking engaged in manufacturing of goods for th•
first thre« income years since con1mencen1entof its commercial production] Ws. by FA
}l1}IJ
(b) where the assessee bas an income from any source that is exempted from tax or is
subject to a reduced tax rate, the gross receipts from such sourece or sources shall be
shown separately, and the minimum tax under this sub-section shall be calculated in the
following manner-
(i) minimum tax for receipts from sources that are subject to regular tax rate shall be
calculated by applying the rate mentioned in clause(a);
(U.1 mioimwn tax for receipts from sources that enjoys tax exemption or reduced tax
rate shall be calculated by applying the rate mentioned in clause (a) as reduced in
proportion to the exemptionof tax or the reduction of rate of tax;
(iii) minimum tax under this sub-section shsll be the aggregateof the amounts
calculated under sub-clauses (i) and (ii).
E><planation.- For tbe purposes of this sub-section, 'gron receipts' means-
(i) all receipts derind from the sale of goods;
(U) all ftts or charges forrendering services or gi\!'ingbenefits including commissions
or discounts;
(iii) all receipts derived from any heads of income.
(5) Where the provisions of both sub-section (2) and sub-section (4) apply to an assessee,
minimwn tu payable by the assessee shall be the higher of
(a) the minimwn tax under sub-section (2); or
(b) the minimum tax under sub-section(4).
(6) Minimwn tax under this section shall not be refunded, nor shall be adjusted against refund
due for earlier year or years or refund due for the assessment year from any source.
(7) Where any surcharge, additional interest, additional amount etc. is payable under provisions
of this Ordinance, it shall be payable in addition to the minimum tax.
(8) Where the regular tax calculated for any assessment year is higher than the minimum tax
under this section, regular tax shall be payable.
((8A) Where tax has been mistalcenly deducted and collected in excess or deficit of the due
amount (i,e. the amount to be deducted or collected in accordance with tbe provision of Chapter
VII), minimum tu under this section shall be computed based on the due amount of deduction or
collection, and provisions of this section shall apply accordingly.) '"'.,.'.A. '°
11

(s) "regular source" means any source for which minimum tax is oot applicable under sub.
section(2);
(b) ..ttgula.rtL"L'." means the tax calculated on regular income using r.be regular manner;
(c) ["regular ta.~ rate"]".._.,'·'- ,on means the rate of tax, that would be applicable if the tax
e..~emption or the reduced rate were not granred.] Suk.bf P.A. ?ot,
[820. Spot Assessment, -

(1) Where a person is foundto have taxable incomeor requiredto submittax return or requiredto
comply with any provision of the Ordinance and the person has failed to perform or comply
with requirements of the Ordinance, the Deputy Contmissioner of Taxes, empowered to this
end, may assess the tax liability of such person on the spot.
(2) Where assessment of an assessee being individual having income from business or profession is
made under this section applying regular rate and the asseesee pays tax accordingly. no question
138
as to the initial capital not exceeding (wetimes of such assessed income shall be made.
(3) Commissioner of Taxes may empower any Deputy Commissionerof Taxes who is subordinate
to him to coo.duct spot assessments ,vithin his jurisdiction.
(4) The Board shall issue guidelines as to the manner how assessmentunder this section shall be
made.),...,.,_._,.,_,
83. Asst.ssmtnt after htaring. -

(1) Where a retum or revised return has been filed under Chapter VllI 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, be 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 bis office, any
evidence in support of the return.
(2) The Deputy Commissioner of Taxes shall, after beariug the person appearing,or considering
the evideece produced in pursuance of the notice under rub-swion (I) and also considering such
other evidence, i.rany. as he may require on specified points. by an 0tdtt in writing assess, within
thiny days afttt 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 ne..'tt following.
[83A. Sell assessment, -

(I) Notwithstandinganything contained in this Ordinance, where the return of income for any
income year filed by an assessee, in accordance with the rules for self assessment made by the
Board for that year or any instructions ororders issued thereunder,the Deputy Commissioner of
Taxes shall receive such return himself or cause to be received by any otherofficial authorised
by him and issue a receipt of such returu with signatureand official seal affiud thereon and the
said receipt shall be deemed to be an order of assessmentuadersection 82 forthe assessment year
for which the return is filed.
(2) Notw-ithstanding anything contained in sub-section (I) and section 93, tbeBoard or any
authority subordinate to the Board, if so authorised by the Board in this behalf, may select, in the
D1llllle< to be determined by the Board, a pcrticc, not exceeding twenty per cent. of the returns
filed under rub-section ( 1) and refer the retwu.sso selected to the Deputy Commissionerof Taxes
for the pwpose of audit and the Deputy Commissioner of Taxes shall thereupon proceed, if so
req01ttd, to make the assessment under section 83 or section 84, u the case may be:
Pro,-ided th.at the Deputy Commissionerof Taxes shtll not proceed to make any audit 10 respect
of a return, where such return is filed in accordance with rules for self assessment made by the
Board for that )"eat a.ad shews at least fifteen per cent, higher ioc:ome th.a.a the income last
assessed, evee iftbe return is selected for audit.
(3) The Deputy Commissionerof Taxes shall not proceed to make any audit under sub-section
(2) in respect of a return. where such retrum is filed i.o accordance with rules for self assessment
made by the Board for that year and shows at least twenty per cent. higher income than the
income last assessed, even if the return is selected for audit.
(4) The provisions of sub-section (2) shall not be applicable in case of a new assessee who has
submitted bis rerum of income underthis section.
(5) Notwithstanding anything contained in this section the Deputy <ommissioner of Taxes may
initiate proceedings under section 93 if definite informationregarding conceahnent of income
comes to his possession.] Wbyf.A. l990, n.i,..1,yf.A.1999uadn~ cam111.,-,.o.2001
139
[83AA. Self-assessment for private limittd companies. -

(I) Where, an assessee, being a private limited company widun the meaning of the Companies
Act, 1913(VIl of 1913) or~~. ).-..8 ():,..S 'lt'al )v ~~ files a retum on or before the
date specifitd in clause (c) of sub-section
2) of section 75 showing income 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) and the
income shown in such return is higher by not less than five per cent. over the last assessed
income and bas also increased by at least a further sum of 4[five per cent.) for each preceding
assessment year in respect of which the assessment is pending and pays tax on the basis of such
income or pays tax which is not less than ten per cent. Of the equity or two and a half percent, of
the tumove-r or fifty thousand taka, and shows income which is proportionate to the tax so paid,
the retum filed by the assessee shall be deemed to be correct and complete and the Deputy
Commissioner of Taxes shall assess total income of the assessee on the basis of such return aud
communicate the assessment order to the assessee within thir1y days next following:
Pro.1dodr/Jar-
(a) sucb return shall be accompanied by a copy of the accounts of the compaoy audited
by a charttted accountant;
(b) the amount of tax payable shall be the highest of the Illes computed in the manuer
specified in this sub-section and the tax so payable shall be paid ou or before the date on
which the return is filed;
(c) the assessment on the basis of such return shall not result in any refi.:md.
(2) No order under sub-section (I) shall be made in any case after the thirtieth day of June of the
assessment year in respect of which a return of total incomebas beeo filed uoder section 7 5.
(3) Notwithstanding anything contained in sub-section (I) and section 93, the Board or any
authoritysubordinate to the Board, if so authorised by the Board in this behalf, may select, in the
manner to be determined by the Board,8[a portion, not exceeding twenty per ceat.] of the returns
filed under sub-section (I) aod refer the returns so selected to the Deputy Commissionerof Taxes
for the purpose of audit aod the Deputy Commissioner of Taxes shall thereupon proceed, if so
required, to make the assessment uuder section 83 or section 84, as the case may be :
Pnn,"idd that the Deputy Commissioner of Taxes shall notprocud to mab any audit in
respect of a return, wh•r• such return sho,vs at least 2(/ifteen per cent. higher income than the
incom• last cu.s..ued, nim ifthe return is selected for alldit.J r-. '7F. ..c. fW1 -.10....t?F.0.1(}()6
83AAA.. Asstssmtnt on tht basis of report or a chartered ac.count1.nt. -

(I) Where a return or revised return is filed under Chapter vm by an assessee being a company
and tbe Board has reasonable cause to believe that the return or revised return is innew or
incomplete, the Board may appoint a registered chartered accountant to e.,:am.ine the accounts of
that assessee.
(2) The chartered accouotaut appoioted under sub-section (I) shall exercise the powen and
functioos of the Deputy Commissioner of Taxes as referred to in section 79 aod clauses (a), (b),
(c), (d) aod (e) of section 113.
(3) The chartered accountant, after examination of the accounts of that assessee, shall submit a
report in writing to the Board along with findings within a time as may be specified by the Board.
(4) On receipt of the report referred to in sub-section (3), the Board shall for1bwith forward the
report to the concerned Deputy Commissionerof Taxes for consideration.
(5) On receipt of the report uuder sub-section (4), the Deputy Commissioner of Tues shall serve
a notice upon the assessee uoder sub-section (I) of section 83.
(6) The Deputy Commissionerof Taxes shall, after hearing the person appearing and considering
the evidencesproduced including the findings stated in the report received under sub-section (5)
140
and also considering the other evidences, by an order in writing, assess within thirty days after
the completion or bearing 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
comm.Wlicate the said order to the assessee within thirty days from the date of such order.
84. Best judgment assessment -
(I) Where any person fails -
(a) to file the return required by a notice under section 77 and bas not filed a retwn 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 ao order in writing, imess the total income of the assessee
to the best of his judgment and determine the rum payable by the a$SC$SCC on the basis of
such usessment; [; and in the case of firm. may refuse to register it or may ancel its
°"""'
reg,.stnbon if it as already registered,] "1 ' .uoa, and communicate such order to the
assessee within thirty days next following.
(2) Where in the opinion of the Board a best judgmenl assessment made by a Deputy
Commissioner of Taxes w>der sub-section (1) shows lack of proper evaluation of legal and
f:acru.al aspects of the case which has resulted in an arbitrary and injudic:iou$ assessment, the
action leading to such assessment made by the said Deputy Commissioner of Taxes shall be
construed as misconduct.
(84A. P ... sumptin assessment, -

1) Notwitbswlding anything contained in this Ordinance, in the cue of an assessee, not being a
company, deriving income from (business or profession] which constitutes not less than sixty per
cent. of his total income, who does not maintain any account in accordance with the provisions of
this Ordinance, the Deputy Commissioner Taxes may, whether such assessee filed a return or
not, presume bis income form [business or profession]; for the income year at such an amount as
he deems correct and shall send a notice accordingly to the assessee as.king him to establish that
the income so presumed is not correct: Subc fwbluioAist,yF.A. lfll
Prcn-ided that th,r. Deputy Commissioner of Taxes shall not prssum,r. income of an assesse« under
this sub- section unlus h,r. has matcrialfact.s and wid11nc• in support of his. presumption and he
has obtain«/ p,....,iow approval in writing ofth• Insp.ctingJoint Commis.sion•r o/Taxa.
(2) If the use .. ee fails to comply with the notice referred to in sub-section (1) or having
comphed with it, has failed to establish that the aocome so pl'esumed is not COITeCt, the Deputy
Com.1111SS1oner of Taxes shall, by an order iu wnting, take the u,come so presumed to be Ills
income &om busu,ess or professiou nod proceed to assess Ills total u,come accordingly aud
determine the sum payable by him on the basis of such assessment
(3) If the aSSHStt succeeds in establishing that the income from business or rofession presumed
is nor correct, his income shall be assessed in accordance with othtt pto\'isions of this
Ordinance.] la.BJF.A. lMOu.lOmttbtdl,yF.A. l!lt7
85. Special prori.sion.s ttgarding assessment of firms. -
(I) Notwithstanding anything contained in this Ordinance, where the assessee is a finn and the
total income of the firm has been assessed under sections 82, 83, or 84, as the case may be, -
[(a) in the case of registered firm, -
(i) the tax payable by the firm itself shall be determined;
(ii) the total income of each partner of the fum, including therein his share of its income
of the income year, shall be assessed aod the sum payable by him on the basis of such
assessment shall be determined:
141
(iu) if the share of any partner is a loss, it shall be set off agauist rus other income or
carried forward and set off in accordance with the relevant provision of sections
37,38,39,40,41, and 42;
(iv) where any such partner is a non-resident, his share of the income if rhe finn shall be
assessed on the firm at the rate which would be applicable if it were assessed on rum
personally, and the sum so determined as payable be paid by the fum; and] o,,;..,..br '· A.
...,
(b) in rhe case ofa fum, the tax. payable by the firm shall be determined on the basis of the
total incomeof the finn.
(2) Wheneverany detennination is made in accordance with the provisions ofsuh-section (I), the
Deputy Coromi«ioner of Taxes shall, by an order in writing_, notify to the firm-
(•) the amount of tax payable by it, if any;
(b) the amount of the total income on which the detennination hu been bued; and
(c) the apportionment of the amount of income between the .. Yeral partners.
86. Assnsm,nt in ease of cban,, in the constitution of a fll'm, ..
(I) Where, the time of assessment of a firm, it is found that a change has occurred in the
11
constirution of the firm. the assessment shall be made on the firm as constituted at the time of
making the assessm.~t:
Pravid"'1 that-
(•) the income of the year 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) »i>eo 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 purposes of this section, there is a change in the constitution of a finn-
(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.
87. Assessm,nt in case of constitution of new successor firm.. -

Where. a.t the time of assessment of a firm, it is fcuad that a new firm bas been constituted to
succeed the firm to wruch the asse.. meot relates and it cannot be covered by section 86, separate
assessmeo.ts shall be made on the predecessor fi.1m and the successor firm in accordance with the
provisiom of section 88 re lacing to a,ssessment in case of succession to business.
88. Assr.ssmt-nt in ease of succ.ession to bu.siness etherwtse than on drat.b. -
(I) Where, a person, carrying on any business or profession (in this section, referred to as the
predecessor), has been succeeded therein otherwise than on death by another person (in this
section. referred to as the successor) in any income year. and the successor continues to carry au
that business or profession, -
(a) the predecessor shall be assessed, in respect of the income of the income year in
wruch 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 (I), where the predecessor cannot be
found, the assessment of the income year iu 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
142
the like manner atld 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 aoy sum payable under this section in respect of the income of a business or
profession caeaot be recovered from the predecessor, the Deputy Commissioner of Tues 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 it from the predecessor.
89. Assessment in case- of diseontinued business. -

(I) Without prejudice to the provision of section 87, where any business or profession is
di.scootimied in any financial year, aud assessment may be made in that year, notwithstanding
anything contained in section 16, on the basis of the total income of the period between the end
of the income year and the date of such discontinuance in addition to the use.ssment, if any,
made on the basis of the income year.
(2) A».y person discontinuing any business or profession in any fimncial year shall give to the
Deputy Commissioner of Taxes a notice of such discontinuance within fi.ftttn days thereof; and
soch notice shall be accompanied by a return of total income in respeer of the period between the
end of the income year and the date of such discontinuance and that financial year shall be
dttmed to be the assessmeat 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 ofTa.'tes may direct that a sum shall be recovered from wm 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 partaer 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
retum to be filed under section 75 along with soch other particulars, records and
documents u 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.
90. Asstssmrnt in cur of partition of a Hindu undivided family. -

(I) A Hindu family hitherto assessed as a Hindu undivided family shall be deemed, for the
pW'J)Oses of this Ordinance, to continue to be a Hindu undivided f.amily except where, and in so
far as, a finding of partition bas been given under this section in 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 bas taken place amongst the members of the family, the Deputy
Commissioner of Taxes shall make an enquiry thereinto after giving notice to all the members of
the family.
(3) On the completion of the enquiry, the Deputy Commissioner of Taxes shall record a finding
as to whether there has been a partition of the joint family property, and, if there has been such a
partition, the date on which it bas taken place.
(4) In the case of a finding under sub-section (3) that the partition of lhe 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
143
of the family shall, in additioo to any tax for which he or it may be separately liable, be jointly
and severallyliable for tbe tu 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 partitioo sball 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 be or it may be separately
liable, be jointly and severally liable for the tax on the income of that period as so assessed.
w.
(6) Notwithstanding anything contained this sectioo, 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 persoo shall be jointly and severally liable for tax on
the income of the family so assessed.
(7) For the purposes of this section, the several liability of any member or g,oup of members of a
Hindu undi~-ided family shall be computed according to the portion of the property of the
undivided family allotted 10 him or ic at the partition,
(8) The pro,,isiom of this section shall, so far as may be, apply in relation to the levy and
colleetion 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.
91. Assessment in cast- of ptrsons lta,ing Bangladesh. -

(1) Where ii appears to the Deputy Commissioner of Taxes tha1 any person may leave
Bangladesh durulg the current financial year or shortly after its el<pi.ry and that he has no
intentioo of returning, an assessment may be made in that yeM, notwithstanding anything
contained in section 16, on the basis of the total inoome of such person-
(a) if he has been previously assessed, for the period from the el<pi.ry 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 previouslyassessed, of the entire period of his my in Bangladesh
up to the probable date of his departure therefrom.
(2) As.ewnent Wldtt sub-section (I) shall be made-
(•) in respect of each compleled income year included in the period referred to in sub-
section (I), 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 yean to
the probable date of departure, at the rate in force for the financial year in which such
assessment is made aod 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
Taxesmay 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 remm in the same fonu and verified in the same matt.1ler as a returnunder 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 (I); 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.
144
(5) Nod!ing in this section shall be deemed to authorise a Deputy Commissioner of Taxes to
assess any i.ocome 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 widerthis Ordinance but in
respect of which he is debarred from issuing a notice under section 93.
92. Assessment in case of income of a deceased person. -

(I) Where a person dies, his legal representative shall be liable to pay any ta'< or other sum
payable under this Ordinance which the deceased would have been liable to pay if he had not
died, in the lure 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:
Pn»1dd that b11fo1·• deeming tlie l11gal representative ofth• dec.a.sed to b• an assess••.
a nonoe to that •ff«t skaU b• lssu•d to him by tho Deputy Commtsslonor ofTaxos.
(2) For the pwposes of makiDg an assessment of the income of the deceased and recovery of tax,
(a) any proceeding talceo 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 nor 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 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,
interest and liabilities of the deceased are involved, "legal representative" includes an executor,
an administrator and any person administering the estate of the deceased.
[93. Tax, ete.• es.c.aping payment, -

(I) If, based on the information from an audit, assessment or any other proceeding under this Ordinance
or from any other source, the Deputy Commissioner of Taxes has reason to believe that any sum payable
by an assessee under this Ordinance has escaped payment in any assessment year, the Deputy
Comm.iss:ioo.cr of Taxes may issue a notice in the fcem specified by the Board upon the a.ssessee
requiring him ta-
(a} file for the relevant asse,,smenr year, within the time as specified in the notice, a return of his
income along with the applicable statement aud documents; and
(b) pay on or before the filing of the return the sum that has been escaped payment
(2) The Deputy Commissioner of Taxes sball-
(a) send a letterofacceptance of the return where all of the following conditions are fulfilled-
(i) the return is filed wi1hin the time meutioued in the notice under sub-section (I) and in
compti.a.nee with the provisions of that sub-section;
(ii) the sum that escaped payment has been paid on or before the filing of the rerum; and
(iii)the issue for which the sum escaped payment has been duly addressed in the return;
(b) proceed ta make assessment under section 83 or 84, as the case may be, where any of the
conditions mentioned in clause (a) is not fulfilled,
(3) The Deputy Commissioner of Taxes shall obtain the approval of the Inspecting Joint Commissioner
in writing before issuing a notice under sub-section (I) where-
(a) retnm for the relevant assessment year was filed in compliance with the provisionof sub-section
(!) of section 82BB; or
(b) the ass es small of the relevant assessment year is completed under any other provision of this
Ordinance.
145
(4) A notice under sub-section (I) may be issued by the Deputy Commissioner of Taxes-
(a) at any time where, for the relevant assessment year, no rerumwas filed and no assessment
was made;
(b) within six years from the end of the relevant. assessment year where, for the relevant
assessmentyear, no retwn was filed but assessmentis completed;
(c) within [six J "" "1 1A ''"' years from the end of the relevant assessment year in any other
cases:
{Pro>tded that wher• the escape of payment as mentioned in sub-section (1) was due to
the faibue of assesses in making fi1ll disclosure of his particulars in th• return, statement or
other particula.n submitted therewith or in assessment proc•uings. the Commtsstoner may
«x.tend tlw. nn,e up to six y.ars:J OMtIWbyF.A. 2019
Prrn,1d•d (farthor} °'"'""'"'FA 1019that 111 a caso whor• a fr.sh a,susm11J1tl.s mad• for a11y
assessment y«1r fn punua,rc, of any provtston under thi.l Ort/Inane•. the p1rlod re/1rr1d to
In this sub.sution shall commence from th• 111d ofth• yoor In which th•frosh assossm•nt Is
mad ..
(S) In computing the period of limi1a1ion for the purpose of making an assessment or taking any other
proceedings under this Ordinance, tho period, if any, for which such •=ent or othtt proceedingshas
been stayed by lllY court, tn"bunal or any other authority, shall be excluded.
(6) Notwithstandinglllything contained in sub-section (4), where Ill assessment or lllY order has been
annulled, set aside, cancelled or modified, the concerned income tax authority may start the proceedings
from the stage ne:tt preceding the stage at which such annulment, setting aside, cancellation or
modification took place, and nothing contained in this Ordinance shall render necessary the re-issue of
any notice which has already been issued or the re-furnishing or refiling of any retum, statement or other
particularswhich has already been fumisbed or filed, as the case may be.
(7) An assessment under sub-section (2) of an assessee who was already assessed for the relevant year
shall be confined to the issues that have been mentioned in the notice served under sub-section (I).
(8) The Deputy C-0romissioner of Taxes shall not be barred from taking proceedings under this section
for an assessment year on the grounds that the proceeding under sub-section (2) is earlier concluded in
respectof that ass ment year.
(•) Any sum payable by an assessee under this Ordinance shall be deaned to have escaped
p,11yment if -
(i) the income or a part thereof bas escaped assessment; or
(ii) the income bas been understated; or
(iii) excessive loss, deduction, allowance or relief in the return has been claimed; or
(iv) the liability of lax or any other amount payable under this Ordinance has been shown or
compultd lower by eoceeahneat or mis.reporting of any income or by concealment or
misr~ g of any assets. expenditure or any other particulan io a statement submitted
under seetiea 80; or
(v) incomechargeable to tax bas been under-assessed, or income has been assessed at a lower
than due tax rate; or
(vi) income that is subject to tax has been made the subject of IL"< exemption; or
(vii) income has been made the subject of excessive relief. or excessive Joss or depreciation
allowance or any other allowance under this Ordinance has been computed; or
(viii) a tax or an amount, payable under this Ordinance, bas been computed or paid lower than due
amountby reasonof lower base.
(b) "relevantassessment year" is the assessmentyear for which any sum payable by an assessee
under this Ordinance has escaped payment.") S•>•"r·'-'2017
146
94. Limitation for autssmtnt. -

((!) Subject to the provisions of sub-sections (2) and (3), after the expiry of-
(a) two years from the end of the assessmentyear in which the income was first assessable if
the assessment is to be made as a result of audit under section 82BB;
(b) ihree years from the end of the relevant assessment year in which the income was first
assessable if the assessment is to be made under section I 07C; or
(c) six monlbs from the end of the assessment year in which the income was first assessable if
the assessment is to be made in a case otherthan the cases mentioned in clause (a) or (b);
no order of assessment under the provisions of this Chapter, in respect of any income, shall be
made.
(2) An assessment under section 93 may be made within two years from the end of the year in
which the notice under sub-section (I) of section 93 was issue<i") ...._.,,AlOU
(3) Notwithstandinganything contained in this section, limiting the time within which any action
may be tuen, or any order or assessment may be made, order or anessment,as the case may be,
to be made on the assessee or any other person in consequence of, or to give e.ff'ect to, any finding
or direction conblined in an order under sections 120, 121A, 156, 159, 161 or 162 or, in the case
of a firm. au assessment to be made on a partner of a firm in eeeseqeeeee of an aSS6sment made
on the firm, (or ao agreement reached under section I 520, shall be made "~Ihmthtrty days from
the date on wbJ.cll the order or the agreement] s. bf P.A ~on was communicated and such revised
order shall be communicated to the assessee within thirty days ne.."Tct following:
Provided that wh•rs an order of assessment has bun sot aside by any authority in that
cas« th• as«1ss1,11mt shall be made within (Sixty] ""'by P.A. ""' days from tire dat« on which tits
order was communicatedto him.
ExplanationI- Where, by an order under sections 120, 121A, 156, 159, 161 or 162 any income
is excluded from the total income of the assessee foran assessment year. an assessment of such
income for another assessment year shall, for the pwposes of this section, be deemed to be one
made in consequenceof, or to give effect to, any finding or direction conlllined in the said order.
Explanation II- Where, by an order under 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 ocder.
(4) where the Deputy Commissioner of Taxes fails to give effect to any finding or direction
cont.tined in an order referred to in sub-section (3) within the period stipulated therein, such
failure of the Deputy Commis.sioner of Taxes shall be construed as misconduct.
[94A. Approval of tht Board in certain assessment ....

Notwithstaoding anything contained iu this Ordinance, where the Deputy Commissioner of
Taxes has reason to believe that the assessable income of an assessee exceeds thirty per cent of
the income shown in his return. the Deputy Commissioner ofTL~H shall, with the prior approval
of the Board, assess such income.] Ju.By P.A.1002 nbf•cpl<(ldy Omil!MliJJl'..L lOCl
[948. Bar to qutstion assessment. -

(I) Notv.iths1anding anything contained in any provision of this Ordinance or in any other law for
the time being in force, no authority saves the authorities mentioned in section 3 or the courts
and authorities mentioned in Chapter XIX shall have right to question any assessment made
under this Chapter.
(l) Any action taken in viclation of the provision of sub-section (I) shall be null and void and have
.._.,'A.
no legal effect. J 2022
147
CHAPTERX
LIABILITY IN SPECIAL CASES
95. Liability of representative in certain cases. -
(!) Every person who is a representative of aoother person in respect of aoy income for the
pwpose of this section shall, in respect of such income, -
(a) be subject to the same duties, responsibilities aod 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; aod
(c) be dttmed, subject to other provisions of this Chapter, to be the assessee for all
purpcses of this Ordinance.
(2) A pe:r500.. \\·ho is assessed in pursuance of this section as a representati ve in respect of any
income, shall not, in respect of the same income, be assessed under any other provision of this
Ordinance.
(3) Nothing in this section shall prevent either the direct assessment of the person for whom, or
on whose bebalf or for whose benefit, the representative is entitled to receive any income or
reeevery from such person of the tax payable in respect of such income.
(4) For the pwposes of this section, -
(a) the guardian. manageror 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 aoy 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 trnstee or trustees appointed nuder a trnst 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 bebaJf 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 i.ncome of the non-resident as is deemed to
accrue or arise in Bangladesh under section 18.
96. Ptrsons to bt •~at~d as a,tnt. -

(I) For tbe purposes of this Ordinance, the following persons shall, subject to tbe provisions of
sub-sections (2) and (3), be treated as agent in relation to a non-resident, namely: -
(a) aoy person in Bangladesh-
(i) wbo is employed by, or on behalf of, the non-resident;
(ii) who has any business connection ,vith the non.resident;
(iit) who holds, or controls the receipt or disposal of, any money belonging to the
non-resident;
(iv) wbo is a trustee of the non-resident; or
(v) from or through whom the non-resident is in receipt of any income, whether
directly or indirectly;
(b) any person, whether a resident. or non-resident, who bas acquired, by means of
transfer, a capital asset in Baogladesh from a person residing outside Bangladesh; and
(c) any person who, for aoy 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 traasaction, does not deal
directly wilh, or on behalf of, a non-resident principal but deals with, or through, a non-resident
148
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 Ordinaoce as an agent in relation to a non-resident
unless he has been given by the Deputy Coaunissioner of Taxes an opportunity of being heard.
97. Right of representative to recover tax paid. -

(I) A repre,emative who, on account of his liability under ,ection 95, pays any sum, shall be
entitled to recover the sum so paid from the person ou whose behalf it i, paid. or to retain out of
any moneys that may be in bis 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 representali,-.,, or any penon who apprehends that he may be assessed as a representative,
may retam. out of any money payable to the person (hereinafter re!etnd to u "the beneficiary'')
on whose behalf be is liable to tax under section 95. a sum not txcttdinghisestimated 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 representati ve. as to the amount to be
retained uncle< sub-section (2), such representative or person may secure from the Deputy
Commissioner of Tues 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.
98. Liability of firm or association for unrecoverable tax due from partners or members. -
(I) Where any tax payable by partner of a firm or a member of an association of persons in
respect of his share of the income from the firm or association, as the case may be, cannot be
recovered from him, the Deputy Coaunissioner of Taxes shall notify the amount of the tax to the
fitm or association.
(2) Upon notification of the amount of tax under sub-section{l), the firm or association so
notified shall, nomithstanding anything contained in any other law forthe time being in force, be
liable to pay the said tax and shall, for the pwposes of recovery thereof; be dtt.med to be an
assessee in respect of such tax; and the provisions of this Ordinance shall apply accordingly.
99. Liability ofpartntrs, ete., for discontlnutd business of a firm., ere .•

(I) Where any business or profession carried on by a firm or an usociation of persons has been
cliJcontinued, or wbere a firm or an association of persons is dissolved, assessment of the total
income or the firm or association may be made as if no such discontinuance or dissolution had
taken place; and all the provisions of this Ordinance shall, so far as may be, apply accordingly.
(2) Where an assessment is made under sub-section (1) in respect or 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
disceenauanee of business, or as the case may be, dis·solution 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 Ill 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 provisionsof this ordinance shall apply accordingly.
149
100. Liability of directers for unrecoverable tax of private companies. -

(I) Where any private company is wound up [or has discontinued business for three successive
years] !:u "11-"- !O!? andany tax assessed on the company, whether before, or in the course of. or
after its liquidation, in respect of any income of any income year cannot be recovered, every
person who was, at any time during the relevant income year, a director of that company, shall,
notwithstanding anything contained in the Companies Act, 1913 (VIl of 1913) or~~.
)1'~ ()- 'It'll )1, oft~. 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
previsions ofthis Ordinance shall apply accordingly.
(2) Nor,.-ithstanding the provisions of sub-section (I), the liability of any person thereunder in
respect of the i.ocome of a private company shall cease if he proves to the DeputyCommissioner
of Taxes tlat uoo-recovery of tax from the company cannot be attn"buted to aoy gross neglect,
misfeasance or breach of any duty on bis part in relation to affain of the company.
IOI. Liability of liquidator for ta:,: of privat< companies undrr liquidation. -

(I) A liquidator of a private company which is wound up, whether under the orders of a court or
otherwise, shall, within thirty days a.fter he has become such liquidator, give notice of his
appointment as such to the Deputy Commissioner of Taxes ha\l'ing jurisdicucc to assess the
company.
(2) The Deputy Commissioner of Taxes shall, after making such enquiries or, cAlling for such
information as be 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 be 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
paymentto secure such creditors as are entitled under the law to priority of payment over 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, undersub-secticn(2), if he-
(•) wls to give notice as required by sub-section (I); or
(b) cootra,'CDes the provisions of sub-section (3).
(5) Where there are more liquidators than one, the obligations and liabilities of a liquidator under
this sectioo 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" includesany person who bas beet>: appointed to
be tM receiver of the assets of the company under liquidation.
[102. Liability to tu in case ofsbipping business of non-resident.-

(I) Notwitbswlding anything contained in this Ordinance, where a noo resident carries on the
busine.ss of operation of ships as the owner or charterer thereof (hereinafter in this section
referred to as the principal) tax shall be levied and collected in respect of such bnsiness 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 Commissionerof Taxes a retum showing-
150
(a) the amount paid or payable whether in or out of Bangladesh to the principal, or to any
person on ms 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 [shipped at
'°"
any port) ..., br '-'• 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 pnrpose, may caJI for snch 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 lax 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 Commis.sioner of Taxes is s•tislied that it is DOI possible for the master of
the smp or the principal to furnish the retwn required under subsection (2) before the departw·e
of the smp 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 OD ms behalf, the Deputy Commissioner of
Taxes may, if the return is filed within thirty days of the departure of the st,jp, deem the filing of
the return by the person so authorised by the principal as sufficient compliance with sub-section
(2).
(Provid•d that wh•r• any charg« msntionsd in sub.section (8) is accrued aftsr th• expiry
of said thirty days, th• othsr person mentioned in this mb-section shall fil• a mpplenrsntary
return in respect of such charge and pay tax thereon within next thirty days from the end of tbe
month in which the charge has accrued."]bu. P.A. ·1011
(5) No port clearance shall be granted to the ship until the (Commissioner of Customs) s,1>.by r.A.
,,,. or any other officer duly authorised to grant the same, is satisfied that the tax payable under
sub-section (3) has been duly paid or that satisfactory arrangements have been made for the
payment thereof.
(6) Nothing conlallled in this Ordinance shall be so construed as to allow any expense against the
aggregate amount of receipts as determined under subsection (3).
(J) 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
incomeunder section 75 nor shall he be entitled to claim any refund or adjumnent on the basis of
suchretvm.
((8) For the purpose of this section, the amount referred to in sub-section (2) shiall include the
amount paid or pay1ble by way of demun·age charge or handling charge or any other amount of
similar aamre.] ~PA.20171 IM,"1 P.A. in,
[103. Adjustmrnt of liability to tu in case ofshipping. -

(I) Nothing in section 102 shall be deemed to prevent the owner or the charterer of the ship from
claiming in the year following that in which any payment has been made on ms behalf under that
section tha.t an assessment be made on his total income of t~ income year and thar the tax
payable on the basis thereof be determined iu accordance with the other provisions of this
Ordinance.
(2) Where the owner or charterer of a ship makes a claim under sub-section(!), any payment of
tax made under section I 02 shall be treated as payment in advance of the tax and the difference
between the sum so paid and the amount of tax found payable, by him shall be paid by him or, as
the case may be, refunded to him.)°"""'"'·"· 1989
151
[103 ...\. Liability to ta.i: in ease of air transport business ef ncn-residenrs, -
(1) Notwifhslanding anything contained in this Ordinance, where a non-resident person carries on
the business of operation of aircraft, as the owner or charterer thereof (hereinafter in this section
referred to as "the principal"),and any aircraft owned or chartered by him calls on any airport in
Bangladesh, the aggregate of the receipts arising from the carriage of passengers, livestock, mail
or goods loaded at the said airport into that aircraft shall be deemed to be income received in
Bangladesh by the principal from the said business chargeable to tax under the bead "Income
from business or profession",and tax thereon shall be charged at the rate of three percent. of such
income.
(2) The principal or an agent authorised by him in this behalf shaJ1 prepare and furnish to the
Deputy Commwioner 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 December, the
thirty-lint day of March and the thirtieth day of June, respectively, retum 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 passengen, 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, detennin.e the aggregate of the amounts
referred to in sub-section (2), and charge tax as laid down in sub-sectioo (1).
(4) Where, the principal fails to pay the tax payable under sub-section (!) 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 contaiuing 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 fin.al discharge of the tax liability of
the assessee wider this Ordinance, and the assessee shall not be required to file the retum of total
incomewider section n
nor shall be be entitled to claim any refund or adjustmenton the basis of
such retum. J ....,, ..._ '"'
152
CHAPTER XI
SPECIAL PROVISIONSRELATING TO AVOIDAi'fCEOF TAX
104. Avoidanee of tu through transactions with non-residents.-
Where any business is carried on between a residentand a non-residentand it appears to the
Deputy Commissioner of Taxes that, owing to the close connection between them, the course of
business is so ammged that the business transacted betweeo them produces to the resident either
no profits or profits less thao the ordinary profits which might be expected to yield in that
business, the DepUly Commissioner of Taxes shall determine the amoWll 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.
105. A,·oidance of ta.x through transfer of assets. -

(1) Ari.y income which becomes payable to a non,resident by virtue, or in consequence, of any
transfer of assets) wbethu alone or in conjunction with associaled operations~ shall be deemed to
be tbe income of tbe person wbo-
(a) has acquired, by means of such tran.rfer or associated opentions, any right by virtue,
or in ceeseqceece, of which he has power t.o enjoy. whether forthwith or in future, the
income which becomes so payable to the noe-resideet, or
(b) has received or is entitled to receive at any time, for reasons attnl>utable to such
transactions or associated operations, any sum paid or payable by way of loan or
repaymentof loan or any other sum, not being a sum paid or payable as income or for
full considerationof money or money,s worth.
(2) The income which becomes payable to a non-residentand is deemed under sub-section (1 ), to
be the income of the person referred to therein shall be so deemed for all pwposes of this
Ordinance, whether such income would or would not have been chargeable to tax apartfrom the
provisionsof 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 opention had for its purpose, or for one of
its purposes, the avoidance of liability to taxation; or
(b) that the tnnsfer and all associated opentions were bona fide commercial transaction
and were not designed for the purpose of avoiding liabilily to tu.ation.
(4) Where any person bas 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 fom, 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.
(S) A person shall, for the purposes of this section, be deemed to ha,~ power to etijoy the income
payableto a non.residentif.
(a) suc:bincome is in fact so dealt with as to be calculated to easure at any time forthe
benefitof such person in any form; or
(b) the receipt or accrualof such income operates to increasethevalue of any assets held
by such person or for his benefit; or
(c) suchpersonreceivesor is entitledto receiveat any time any benefit providedor to be
provided-
(i) out of such income; or
(ii) out of money which is, or will be, available forthe purpose by reason of the effect
or successive effects of associated operations on such income and on any assets
representing the income; or
153
(cl) such persoo has, by means of the exercise of any power of appointment, revocatioo or
otherwise, power to obtain for himself, with or without the consent of any other person,
the beneficial enjoymentof such income; or
(e) such persoo is able to control, directly or indirectly, the applicatiooof such income,
in any manner whatsoever.
(6) In deteonining whether a person has power to enjoy income, regard shall be had to the
substantial result and effect of the transfer and any associated operatioos, and to all benefits
which may at any time accrue to such person as a result of the transfer and associated operations
itrespectiveof the nature or form of the benefit.
Explanation. - For the purposes of this section, -
(a) "asselS" includes propetty or rights of any l::ind and "transfer", in relation to assets
being oihlS, includes creation of those rights;
(b) "associated operation", in relation to any transfer, means an operatioo of any l::ind
effected by any person in relation to -
(i) any of the asselS transferred; or
(u) any income arising from ruch assets; or
(iu) any assets representing, directly or indirectly, any of the assets transferred,
M the accumulation of the income arising from su.ch assets;
(c) "benefit" includes a payment of any 1..-ind;
(d) references to assets representing any assets transferred, or any income or
accumulation of income arising therefrom, includes referencesto shares in or obligation
of any companyto 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.
106. Avoidance- of tax by transactions in securities. -

(I) Where the owner of any securities sells or transfers those securities and buys thern back or
reacquires them, or buys or acquires similar securities, and the result of the transactions is that
any interest becoming payable in respect of the original securities sold or transferred by the
0·11111er is not receivable by the owner, the interest payable as aforesaid s.h.all be deemed, for all
purposes of this Ordinance, to be the income of such owner and not of any other persoo, whether
the intereSI payable as aforesaid would or would not have been chargeable to tax apart from the
provisions of this sub-section.
(2) Where any penoo has had for any period during an income yur any beneficial interest in any
securities and the result of any transactions ,vithin that year relating to such securities or the
income thtteof is that no income is receivedby him, or that tht. income received by him is less
than the sum which the income would have amounted to had the income from suc:b securities
accrued &om day to day, and been apportioned to the said period, then the income from such
securities forthe said period shall be deemed to be the income of such penoo.
(3) Where, any persoo 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-
traosfersthose securities, or sells or transfers similar securities, to such otherperson, 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
provisionsof sub-section(I), 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) Toe Deputy Commissiooer 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,
154
such particulars in respect of all securities of which such person was the owoer, 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 pwpose 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;
(h) "securities" includes stocks and shares; and
(c) securitiesshall be deemed to be similar if they entitle their holders to the same right
against the same persons as to capit.al and interest and the same remedies for the
enforcement of these rights, notwith,1andiug any differencein the total nominal amounts
of the respective securities or in the form in ,vhich they are held or in the manner in
which they can be transferred.
107. Tax elearanee ctrtificatf required for ptrsons lea,rinc Ban&ladesh .•
(I) Subject 10 such exceptions as the Board may make in this behalf, a person who is not
domiciled in Bangbdesh, or a person who being domiciled in Bangladesh at the time of hi.s
depa~ i.s 001, in the opinion of an income tax authority likely to rerum to Bangladesh, shall
not leave Bangladesh without obtaining from the Deputy Comm.i.ssiontt of Taxes authorised in
this behalf by the Board-
(a) a tax clearance certificate, or
(h) ifhe has the intention ofretumingto 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 joumey or for all joumeys
within the period specified in the certificate.
(2) The owner or charterer of any ship or aircraft, who issues any authorityto any person referred
to in sub-section(!) for travel by such ship or aircraft from any place in Bangladesh to any place
outside Bangladesh unless such person has a certificaterequired by that sub-section, shall-
(•) 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 tab; and
(h) be deemed, for the purposes of recovery of such tax and peu.a.lty, to be au assessee in
default, and all the provisions of this Ordinance shall apply accordingly.
Explllnalion. - 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 I tu clearance certificate for the
purpose of the journey or joumeys specified therein;
(h) "owner" or "charterer" includes any representative, 1gen1 or employee who may be
empowered by the owner or charterer of a ship or aircraft to i.ssue an authorityto travel by
the srup or aircraft; and
(c) ...tax clearance certificate". in relation to a person, means a certificate to the effect rhat
such person has no liability under this Ordinance, the Income Tax Act, 1922 (XI of 1922),
[the Gift,ta.-.: Act, 1963 (XIV of 1963) or '1msJ ~ ):,;,a (>:,;,a '!['ff 88 ~~l ""byf.A.
1"' or the Wealth-ta.'<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.
155
CHAPTER XIA
TRANSFER PRICING
107 A. Definitions.-
In this Chapter,unless there is anythingrepugnantin the subject or context, -
(I) "arm's length price" means a price in a transaction,the conditions (e.g. price, margin or profit
split) which do not differ from the conditions that would have prevailed in a comparable
uncontrolled transaction between independent entities carried out under comparable
circumstances;
(2) "associated enterprise", in relation to another enterprise, means an enterprise which, at any
time during the income year, has the following relationship with the other enterprise-
(•) one enterprise participates, directly or indirectly, or through one or more
inla:med.iaries,. in the management or control or capital of the other enterprise; or
(b) the same person or persons participate, directly or indirectly, or through one or more
in1ermediaries,. in the management or control or capital. of both enterprises; or
(c) one enterprise bolds, directly or indirectly, shares carryiD& more than twenty five
percent of the voting power in the other enterprise; or
(d) the same person or persons controls shares ca,rying more than twenty five percent of
the voting power in both enterprises; or
(e) the cumnlative amount of borrowings of one enterprise from the otber enterprise
constitutes more than fifty percent of the book value of the total assees of that other
enterprise; or
(f) the cnmulativeamount of guaranteesprovidedby one enterprise in favour of the other
enterprise constitutes more than ten percent of the book value of the total borrowings of
the otherenterprise; or
(g) more than half of the board of directors or members of the governing board of one
enterprise are appointed by the other entetprise; or
(h) any executive director or executive member of the governing board of one enterprise
is appointed by, or is in common with the other enterprise; or
(i) the same person or persons appoint more than half of the board of directors or
memben in both enterprises;or
(i) the same person or persons appoint any executive director or executive member in
both enterprises; or
(k) one enterprise has the practical ability to control the decision of the other enterprise;
or
(!) the two enterprises are booded by such relationship of mutual interest as may be
pmcn"bed;
(3) "enterprise" means a penoo or a venture of any nature (iocluding a permanent establishment
of such person or venture);
(4) "'independenr enterprise" means an enterprise that is not an associated enterprise;
(5) "international tta.n.saction .. means a transaction between associated enterprises, either or both
of whom are non-residents, in the nature of purchase, sale or lease of t.at1gible or intangible
property. or provision of services. or lending or borrowing money, or any other transaction
having a bearing on the profits, income. losses, assets, financial position or economic value of
such enterprises, and includes-
(a) a mutual agreement or arrangemen t between two or more associated enterprises for
the allocation or apportionmentof, or any contributionto, any cost or expense incurred
or to be incurred in connection with a benefit, service or &cility provided or to be
provided to any one or more of such enterprises;
156
(b) a transaction entered into by an enterprise with a person [irrespective of whether such
otherperson is a non-resident or not) w br P.A. 2011• other than an associated enterprise, if
there exists a prior agreement in relation to the relevant transaction between such other
person and the associated enterprise, or the terms of the relevant transaction are
determined in substance between such other person and the associated enterprise;
[(6) "pennanent establishment" includes a place of management, a branch, an agency, an office,
a warehouse, a factory, a workshop, a mine, an oil or gas well, a quany or any other place of
extraction of natural resources, a firm or plantation, or any other fixed place through which the
business of the enterprise is wholly or partly carried on;] o..n.i>rrA. 2011
fl) "property" includes goods, articles, things or items, patent, invention, formula, process,
design, pattern, know-how, copyright, trademark, trade name, brand name, literary, musical, or
artistic compo,itiou., franchise, license or contract, method-, Pf"OgruD, software, database, system.
procedure, campaign, survey, study, forecast, estimate, customer list, technical data, any aspects
of advertising and marketing, any item which has substantial value, or any other intangible
prope,1)';
(8) "record" includes electrooicaUy held information, documents and records;
(9) "Transfer Pricing Officer'' means any income tax authority authorised by the Board to
perform the furu:tion of a Transftt Pricing Officer,
(10) "transaerica" includes an arrangement, unders-tanding or ac:.tion between two or more parties.
whether or not such arrangement, understanding or action is fonnal or in writing; or whether or
not it is intended to be enforceable by legal proceeding;
(11) "uncontrolled transaction" means a transaction undertalcen between enterprises not being the
associated enterprises.
107B. Determination of income from international transaction having regard to arm's length price.
Notwithstanding anything contained in Chapter XI of this Ordinance, the amount of any income,
or expenditure, arising from an international transaction shall be determined having regard to the
arm's length price.
107C. Computation of arm's ltn.gth price. -

(I) The arm's length price in relation to an intematioual transaction sh.all be determined by
applying the most appropriate method or methods selected from the following methods based on
the nature of transaction, the availability of reliable information, fuuctions performed, assets
employed, risks assumed or such other factors as may be prescribed, namely: -
(a) comparable uncontrolled price method;
(b) resale price method;
(c) cost plus method;
(d) profit split method;
(e) transactional net margin method;
(f) any othtt method where it can be demonstrated that-
(i) none of the methods mentioned in clause (a) to (e) can be reasonably applied to
determine the arm's length price for the international transaction; and
(ii) such other method yields a result consistent with the arm's length price.
[(IA) Where the most appropriate method applied is a method other than the method referred to
in clause (d) or clause (f) of sub-section (1) and the dataset of the arm's length price consists of
six or more entries, an arm's length range beginning from the thirty percentile of the dataset and
ending on the seventy percentile of the dataset shall be constructed and the arm's length priee
shall be-
157
(i) if the price at which the international transaction has acrually been undertaken is
within the range referred as above, then the price at which such international transaction
has acrually been undertaken shall be deemed to be the arm's length price;
(ii) if the price at which the international transaction has actnally been undertaken is
outside the ann 's length range referred as mentioned above, the ann' s length price shall
be taken to be the median of the dataset
In a case the dataset is less than six entries, the arm's length price shall be the
arithmetical mean of all the values includedin the dataset.),....,,..._,.,,
(2) The most appropriate method referred to in sub-section (1) shall be applied for determination
of arm's length price in the manner as may be prescribed:
Provided that the arm's length price determined under this .ection shall not result in total income
lower than the total income that would have been resulted if the price at which international
tn.nsaction bas actually been undertaken were taken as the price charged or paid in the said
internationa
l tnosaction.
(3) Wbtte in the course of any assessment under Chapter IX of this Ordinance, the Deputy
Commissioner ofTa."es is of the opinion that~
(a) the price charged or paid in an international transaction has not been detennined by
the assessee in accordance with sub-sections (1) and (2); or
(b) the assessee has failed to maintain the information, dcxuments or records in
accordancewith the provisions of section 107E; or
(c) the information or data based on which the arm's length price was computed by the
assessee is not reliableor correct;
the Deputy Commissioner of Taxes may determine the arm's length price in relation to
the said international transaction in accordance with provisions ofsub-sections (1) and
(2) oo the basis of information or documents or other evidence availableto him.
(4) In determining the ann's length price under sub-section (3), the Deputy Commissioner of
Taxes shall give an opportunity to the assessee by serving a notice calling upoo him to show
cause, on a date and time to be specified in the notice, why the aon's length price should not be
so detenni.oed on the basis of infonnation or documents or other evidence available to the Deputy
Commissioner of Taxes.
(5) Where an arm's length price is determined under sub-section (3) of this section or under sub-
section (4) of section 1070, the Deputy Commissioner of Taxes shall. by an order in writing,
proceed to compute lhe total income of the assessee having regard to the arm's length price so
determined.
107D. Refereeee to Traasff'r Pricing Officer. -

(I) Notwithstanding anything contained in section 107C of this Ordinance, -
(a) the Deputy Commissioner of Taxes, with prior approval of lhe Board, may
refer the determination of the arm's length price under section 107C to the Transfer
Pricing Officer;
(b) the Transfer Pricing Officer, with prior approval of the Board, may proceed to
determine the arm's length price in relation to any intemational transaction..
(2) Where a reference is made or any proceedings have been initiated under sub-section(!), the
Transfer Pricing Officer shall serve a notice on the assessee requiring him to produce or cause to
be produced on a date to be specified therein, any evidence on which the assessee may rely in
support of his computationof the arm's length price in relation to the international transaction in
question.
158
(3) The Transfer Pricing Officer shall, after considering the evidence produced before him or
avaitable to him including the evideoce as he may require on any specified points from the
assessee or from any other person, and after taking into account all retevaar materials which he
has gathered shall, by order in writing, determine the arm's length price in relation to the
international transaction in accordance with section I 07C of this Ordinance and send a copy of
his order to the Deputy Commissioner of Taxes.
(4) The Deputy Commissioner of Tues, upon receipt of the order under sub-section (3), shall
proceed to compute the total income of the assessee in confonnity with the ann's length price so
determined by the Transfer Pricing Officer [and in computing the income of a person that is
exempted from tax or is subject to a reduced rate of tax, the adjUS1mentmade in conformity with
the ann's leugth price so determined by the Transfer Pricing Officer shall be treated as income of
such pemm and tax wll be payable on such income at the regular rate) >u>JfA '°"·
(5) The Transfer Pricing Officer may rectify any order passed by him under sub-section (3) so as
to correct any mistake apparent from the record either of his O\VD motion or on the mistake
baviJJa been brought to his notice by the assessee or any other income tax authority, and the
provisions of section J 73 of chis Ordinence shall, so far as may be, apply accordi.naJy.
(6) Where any rectification is made under sub-section (S), the Transfer Pricing Officer shall send
a copy of his order to the Depury Commissioner of Taxu who shall thereafter proceed to ameod
the order of assessment in conformity ,vith such order of the Transfer Pricing Officer.
107£. Ma.intenant:t and ketping of information, documents and reeerds, -

(I) Every person who bas entered into an international transaction shall keep and maintain such
information, documents and records as may be prescribed.
(2) Without prejudice to the provisions ofsub-section (I), the Board may prescribe the period for
which the information, documents and records shall be kept and maintained.
(3) The Deputy Commissioner of Taxes may, by notice in writing, require any person to furnish
any information, documents and records as prescribed under sub-section (I) within the period as
may be specified in the notice.
[[107EE. Stattmtnt ofinttrnational transactions to be submitted. -
Every person who has entered into an iatematioual transaction shall fumish, along with the return
of income, a statement of international transactions in the fonn and manner as
may be pusaibed.J--"'- ..c~i.,.r.A. l014
(107F. Rtport from a.o ac:c:ounta.nt to bf, furnishtd ..

The Deputy Comissioner of Taxes may, by notice in writing. requite that a person Who has
entered into international transaction or trausactious the aggregate value of which, as recorded in
the bool::s of accounts, exceeds three erere ta.ka during an income year shall furnish within the
period as may be specified in the notice and in the fo,m and manner as may be prescribed, a
report from a Chartered Aceounta.nt or a Cost and Manag~ent Accountant regarding all or of a
part oft~ information, documents and records furnished under section t 07E.) ~ 1· A.. ?OU
107G. Pt:nalry for fail:11.tt to keep, maintain or Iurntsh information., dotumtnrs or reeords to the
Otputy Commissioner of Taxes, -
Where any person fails to keep, maintain or furnish any information or documents or records as
required by section I 07E of this Ordinance, without prejudice to the provisions of Chapter XV of
this Ordinance, the Deputy Commissioner of Taxes may impose upon such person a penalty not
exceeding one per cent of the value of each international transaction entered into by such person.
159
107H. Penalry (or (ailntt to comply with the notice or rtquisition under stttion 107C.-
Where any person fails to comply with the notice or requisition under section 107C of this
Ordinance, the Deputy Commissioner of Taxes may impose upon such person a penalty not
exceeding one per cent of the value of each international transaction entered into by such person.
[107HH. Ptnalty (or failure to comply with the provision o( section 107ll. -
Where any person fails to comply with the provision of section 107EE of this Ordinance, the
Deputy Commissioner of Taxes may impose upon such person a penalty not exceeding two per
cent (2%) of the value of each international transaction entered into by such person.) w. - -•00 by
1.A. 20l)
1071. Ptnalty (or (ailurt to (urnish report under section 107F.-

Whe,e any p..-son fails to f\Jmi.sh a report ( from a Chart..-ed Accountant) ......... >r • A. 2016 as
required by section 107F of this Ordinance, the Deputy Commiuion..- of Taxes may impose
upon such p..-son a penalty of a sum not exceeding three lakh tab.
[107J. Applicability o( this Chapter. -
TM prcn'Uions of this Chapter shall come into forcefrom the date specified by the Board through
notification in the official Gazette.] Addad r. A. 2012
160
CHAPTER XII
REQUIREMENT OF FURNISHING CERTAIN INFORMATION
108. Information regarding payment of salary. -

Every person responsible for making any payment constituting income classifiable under the head
"Salaries" not being payment made by the Government, and the. prescribed officer in cases where
such payments are made by the Government, shall, before the first day of September each year,
fwnish to the Deputy Commissioner of Taxes, a statement prepared in the prescribed fotm and
verified in the prescribed manner so as to give the followinginformation, namely:-
{a) the name and addiess of every person to whom such payment has been made, or was due, during
the preceding finmcial year if the payment exceeds such amount u may be prescribed;
(b) the amount of payment so made, or due;
(c) the amount deducted as tax from such payment; aud
(d) such other particulars as may be prescribed:
Provid.d that th• !Hputy Commlsslon,r of Taxes may extend th• date for th• delivery of tho
stat•m•ru.
[108A. lnformation regarding filling of r<turn by tmployets. -

(I) E\·ery employee shall furnish the following info,marion to the employer by the fifteenth day
of April each yeu-
(i) Taxpayer'sIdentification Number;
(ii) Date of filing of the return of income; and
(iii) The serial number provided by the income 1..-,, authority upon filing of the return of
income.
(2) Any person responsible for making any payment which is an income of the payee classifiable
uoder the head "Salaries", shall, by the thirtieth day of April of each year, furnish to such income
tax authority and in such manner as may be prescribed, a statement containing the following
informationregardingthe payee: -
(i) The name, designation and the Taxpayer's Identification Number,
(ii) Date of filing of the return of income;
(iii) The serial number provided by the income tax authority upon filing of the return;
(3) Nothing in this section shall apply to a payment made by the Govemmeer.] "''r'A""
109. Information ""larding payment of Interest. -
Every person responsible for malcing any payment of interest constitutina income not classifiable
under the hed Mlntttest on securities" shall, if such payment exceeds [fifteen thousand tal:a] 5"'·"1
r.o. '"', 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: -
(a) the name and addres.s 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.
110. Information regarding payment of dividend, -
The principal officer of every companyshall, before the first day of Septembereach year, furnish to
the prescribed officer, a statement prepared in the prescribed form and verified in the prescribed
manner. so as to give the followinginformation, namely: -
161
(a) the name and address of every shareholder, as entered in the register of shareholders, to
whom a dividead or the aggregate of dividends has been paid or distributed during the preceding
financial year if such payment exceeds such amount as may be prescnbed;
(b) the amount of dividend or dividends so paid or distributed; and
(c) such other particulars as may be prescribed.
162
[CHAPTER XID
REGISTRATIONOF FIR.l\lS
111. Registration of firms. -
(I) Any fum which is constituted by an instrument of partnership executed in writing and fulfils
the requirement of registration under this section may be registered for the purposes of this
Ordinance on an application made in this behalf to the Deputy Commissioner of Taxes.
(2) An application under sub-section (I) forregistration shall be, -
(i) made in respect of an assessment year;
(ii) accompanied by a copy of an iustnunent of partnership execused in writing before the
end of the iocome year relevant to the assessment year for \\·hich registration is sought;
(iu) made by such person or persons, in such form, containing ,uch particular.,
accompanied by such documents and verified in such manner as may be prescribed; and
it sba1l be dealt with the Deputy Commissioner of Taxes in •uch manner as may be
pmcnbed.
(3) No 1ppbca11on under sub-section (I) in respect of I fum shall be 1ccepted unless the
instrumeot constiruting the firm, -
(1) sets out the nomes and addresses of the partners;
(b) specifies among other things, the shares of each of the partners; and
(c) has been registered under the Partnership Act,1932 (IX of 1932).
(4) Upon receivingan application under sub-section (I), the Deputy Commissioner of Tues may
call for such documents, information or evidence and make such enquiries as he may consider
necessary to ascertain that the firm in respect of which the application has been made is a
genuine firm in existence.
(5) If after examining the application and other documents and mating enquiries. if any, the
Deputy Commissioner of Taxes is satisfied that the application complies with the requirementsof
this section and that the firm is a genuine firm in existence constituted as sbown in the instrument
of partnership executed in writing and in force in the relevantincome year, he shall register the
firm for the assessment year for which the application has been made within thirty days from the
date of receipt by him of the application or within thirty days from the date of filing of the return
for the relevant assessment year, whichever is the later, failing which the fum shall be deemed to
have been registered for the purpose of this section.
(6) Where registntion is granted to any firm for any assessment year, it shall ha,-., effe<>t also for
e\-ety ,ubsequent assessment year, subject to the condition that,.
(i) if there is no change in the constitution of the fum or shares of the partners as
evidenced by the 1nstn1ment of pa1tnenhip on the basu of wlllch the registration was
gtu>ted, a declarobon 10 that effect is furnished in the prescnbed form, ,=fied in the
ptHCribed manner and within the prescribed time; and
(ii) If there is any change in the constitution of the fum or allocation of shares of the
partnen. the change is communicated to the Deputy Commissioner of Taxes in the
prescribed Cromverified in the prescribed manner and within the prescribed time.
((7) Where any such change has taken place in the income year, the fum shall apply for fresh
registntioo for the assessment year concerned iu accordance with the provisions of this section.]
Omitted by F. A. 1993
(8) If, at any time after a firm has been registered for any assessment ye.ar, the Deputy
Commissioner of Taxes has reason to believe that-
(a) there was not genuine firm in existence in the income ye:ar relevant to the said
assessment year eoastituted as shown in the instrument of partnership; or
163
(b) the requirements of sub-sections (2) and (3) bad not been fulfilled in respect of the
said income year, be may cancel the registration after giving the firm or the persons who
were shown to be its partners an opportunity of being heard.)°"""'..,.,.!'-""
164
[Chapter XIIlA
Startup Sandbox
lllA. Starlllp sandbox. -
(I) Notwithslanding anything contained in this Ordinance, the provisions of this section shall have
overridden effect over all other provisions of this Ordinance.
(2) In determining "income from business or profession" of a startup registered under this section,
sections 30 and 308 shall not be applicable for growth years.
(3) Where in any growth year. any loss is iacurred by a startup registered under this section and the
lo" cannot be wholly so set off, the amount of the loss not so set off shall be carried forward to
the next usasm.em year and so on for not more than nine successive aMCS$.OlCD1 years.
(4) The rate of miwmum tax as provided in sub-section (4) of secbon 82C for growth years of a
,tartup regutered under this secnoa shall be 0.1 % (zero point one pereeat)
(5) Save u prornled 1.D seeuee 75, a startup 1egistered under this seeuea shall have no reponu,g
obhg111on under this Ordl.Dance for growth years if the startup promles pttmanent access to its
system or books to the mcome tax authority.
(6) A startup, to eDJOY the beoefit of sandbox, shall be registered \Vlth the Board 1.D the manner as
reqwred by the Board.
(7) A startup shal1 not be ehgible for registration under this section, if it -
(a) is inco,ponted prior to first day of July 2017; or
(b) is incorporated between first day of July 2017 and thirtieth day of June 2022 and fails to get
registration by the thirtieth day of June 2023; or
(c) is incorporated on or after first day of July 2022 and rails to get registration under this section
by thirtieth June of every year following the year of its incorporation.
(•) "growth years" means-
(i) for the purpose of clause (b) of sub-section (7), a period of three years that starts with
first day of July 2023 and ends with the thirtieth day of June 2026.
(it) for the purpose of clause (c) of sub-section (7), a penod of five yean that starts with
first day of July of the year following the year of incorporabon.
(b} ""wno\·1boo., means the precess of creating value by offcnng novel solution or making a
Stgwficant unpro,·ement to any preva ihng solullon to any significant problem or a ••t of
problem>
(c) "startup" means a company with annual tw"Dover 001 exceeding Taka 100 crore 1.D any
financ1al year ond that-
(•) ,s U>Co,ponted under~<:oilt,l, )~~8 ()~l>fl :llt'ff )1' 'IT~; and
(u) works towards deplcymeat or ccmmercietiaeuce of eew products, process or service
dm-en by 111D0\.. 1ton, development and technology or intellectual property; aod
(iii) is nor a subsidiary of another company boldtng fifty pereear or more of its shares; and
(iv) i.s not a resulting company of a scheme of amalgamation or demerger.] tu"7-P.A 2°"22
165
CHAPTER XIV
POWERS OF INCOME TAX AUTHORITIES
112. Powers under this Chapter not to prejudice other powers. -
The powers exercisable by income tax authorities under this Chapter shall not prejudice, unless
otherwise provided in the provisions thereof, the powers exercisableunder the otherprovisions
of this Ordinance.
113. Power to call for information. -

The Deputy Commissioner of Taxes, the Inspecting 1oint Commissioner, (the Commissioner, the
Director General, Cenlrlll Intelligence Cell, [Directc,rs.,General of Inspection (Taxcs)] 1u.>yrA'°")
....>yf.A 2G04 0< any oth« officer authorised in this behalf by the Commiuion« or the Board may,
for the~ of this Ordinance, by notice in writing. require-
(•) any firm, to furnish him wilh a statement of the names and addtesscs of the partners
and their respective shares;
(b) any Hindu undivided family, to fluuish him with a statement of the names and
addresses of the manager and the members of the family;
(c) any person, whom he has reason to believe to be a ttustee, guardian 0< agent to
fumisb him with a statement of the names and addresses of the ptt5ons for or of ,vhom
he is trustee, guardian or agent;
(d) any assessee to furnish him with a statement of the names and address 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 "'ith particulars of all such
payment;
(e) any dealer, broker or agent, or any person concerned in the management of a Stock
Exchange, to fumish a statement of the names and addresses of all person 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 paymeut.s and receipts; or
(f) any person, including a banking company, to furnish information in relation to such
points or matttts, or to furnish such statements or accouats gi\.ing such particulars, as
may be specified in the notice:
Prt"'1d•d that no such nonce 011 a banking company shall i,. issuod by th• Dtputy
Commlssfon,r o/Tax,s or th• Inspector, without th, approsa/ of [tlr, Commfssfo11,r [the
chrect<>< General, Central Intelligence Cel aud by any other officer, w,thout the approval
'°°'J
of the Board)o.i..d>yr •· "',>rr.A. >00<
166
[113 •.\_ Automatic funwhing of information. -

(1) The Board may, by a notice in official gazette, require any aUUlority, person or entity to
furnish in digillll manner to the Board or any income tax authority specified by the Board, any
informatiou including information regarding assets, liabilities,income, expenses and transactions
in respect of any class of persons.
(2) Toe infonnatiou mentioued in sub-section (I) shall be fumished in such digital manner as
may be specified in the notice.
(3) For the purpose of this section, furnishing in digillll manner includes-
(•) uploading data in the system of the Board;
(b) sharing data to the digital or e.!ectronic system of the Board; and
(c) enabling digital or electronic access to the intendedSJ$1em.] '"''r'·A. "'11
114. Power to inspect rtgisttrs or companits ..

The Depuiy Commissioner of Taxes, the Joint Commissioner of Taxes or my person authorised
in writing in this bebalf by either of them, may inspect and, if necessary, take copies, or cause
copies 10 be taken, of any register of the members, debenture-holders or mortgagees of any
company or any entry in such register.
115. Power of surny. ·

(1) For the pwpose of survey of liability of any person to tax nuder this Ordinance, an income tax
authority may, notwi!hstanding 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 of
premises within the limits or its jurisdiction and-
(a) inspect any accounts or documents and check or verifyany 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 identificatiou 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 rejevaet to, any
proceeding under this Ordinance; and
(e) make such enquiries as may be necessa,y.
(2) Subject to the provisions of section 117, any income-tu authority exercising powers under
sul,.sec1ion (I), shall not remove or cause to be removed from any place or premises wherein he
has entered, any boob of accounts or other documents, or any cash, stoclc or other valuable
article or thing.
(3) Every proprietor, employee or other person who may be at!fflding in any manner to, or
hflping in, the carrying on of any business or profession. or e\'ery person who may be ruiding in
the place or premises in respect of ,vhich an income tax authority may be exercising power under
sub-secrion (1), shall in aid of the exercise of such power,-
(•) afford the authority necessary facilities for inspection of books of accounts or other
documents, or for checking or verifying the cash, stock or other vahsable article or thing
found in snch place or premises; and
(b) fumish such informatiou as the authority may require in respect of any matter which
may be useful for,or relevant to, any proceeding under this Ordinance.
167
116. Additional powers of •nquiry and production of documents. -

(I) The [Senior Commissioner, the) Omitt .. br r. .~ ..., Directors-General of Inspection, the
Commissioner, the director General, Central Intelligence Ce!J and the Inspecting Joint
Commissioner may, without prejudice to other powers which they may have under other
provisions of this Ordinance, make any enquiry which they consider necessa,y as respects any
person liable, or believed by them to be liable, to assessment uuder this Ordinance, or [require
any such person or any other person in relation to such enquiry to appear before him at the time
and place as directed for providing any information or to produce or cause to be produced
necessary documeats, accounts or records including any electronic records and systems referred
to in the explanation of sub-section (2) of section 117 uuder the possession or control of such
person or ,uch other pe:non]s•.by l.A.2011
(2) For the pul1)05eS of sub section (1), (the Senior Commissioner)"-'.,.' A.,,.,
the Oirectors-
General of Inspection, the Commissioner, the Director General, Central Intelligence Cell, and the
Inspecling Join1 Co1WJJ.Wioner shall have the same powers as the Deputy Commissioner of
Taxes ha.s under this Ordinance for the pwposes of making enquiry or requiring the production of
accounts or documents including the powers under section 117(2).
(3) the Commissioner, the director General, Central Intelligence Cell the Inspecting Joint
Commissioner. the Deputy Commi.s:sioner of Taxes or an Iaspecror, 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 believedby him to be liable to assessment, carries on his
business or profession, and may call for and inspect any such petS00 s accounts or any
1
documents in bis possession, and may stamp any accounts or documents so inspected, and may
retainsuchaccouers or documentsfor so long as may be necessaryfor examinationthereofor 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 tire prior
approval of the (Senior Commissioner or] °"""'-4 6" F. A. 199s Commissioner, the Director General,
Central intelligence Cell.
[116A. Power of ghing order for not removing property. -

(I) Where, in the course of performing functions under this Ordinance, the Director General,
Central lnlell.igence Ce!J or the Commi,sioner has definite information in his hands that any
person has concealed the particulars of income or inves1ment, he may, by order in writing,
require aoy person who is in immediate possessiou or control or any mooey, bullion, jewellery,
financial instrument • financial asset, valuable article or any other paoperty not to remove, part
with. or other'\\ise deal with it witbout obtainingprevious permission or the eeeeemed authority
passing such order.
(2) Every such ordtt shall cease to have effecl after the expiry or a period of one year trorn the
date of the order made under sub-section (I).
(3) The income tax authority mentioned in sub-section (I) may extend such period or periods
with the approwl of the Board:
Provided that total period of extension shaU in no case exceed one year.
(4) In computing the period referred to sub-section (2) and sub-section (3), the period. if any, for
which the order under sub-section (1) has been stayed by any court, shall be excluded.)"'- br f.A.
2011
168
117. Power of st-arch and seizure, -

(I) Where (the Senior Commissioner) Ommod by•· A.""' the Directors-Genenl of Inspection or the
Commissioner, the Director General, Central Intelligence Cell or such other officer empowered
in this behalf by the Board, has, on account of infonnation 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,
(or electronic records and systems,) A.. •df.A. lOIOhas failed to, or is not likely to, produce
or cause to be produced such books of accounts or other docwnents; or
(b) any person is in possession of any money, bullion, jewellery or other valuable article
or thing ,,,bich represents, wholly or partly, income or propa1y which is required to be
disclosed under this Ordinance but has not been so disc!-,!, he may authorise any
officer subordinate to him, beiug not below the rank of the (Assistant Commissioner of
Taxes) .._.,., . ..,.u to exercise the powers under sul>-section (2).
(2) An officer authorised under sub-section (I) (hereinafter referred to u the authorised officer)
may, notwithstanding anything contained in any other law for the time being in force,.
(a) eerer and st.arch any building, place, vessel, vehicle or aircraft where ht has reasoo to
suspect th.at any books of accounts, documents,[eteetreaic rtt0tds and systems.] Add.4P.A.
1010
money. bullion. jewellery or other valuable article or thing referred to in sub-section
(I) are or have been kept;
(b) break-open the lock of any door, box, locker, safe, a1minh or other receptacle for the
purpose of the said entry, and search, if keys thereof are not available;
(c) search any person who bas got out of, or is about to get into, or is in, the building,
place, vessel, vehicle or aircraft, if be has reason to suspect that such person bas secreted
about bis person any such books of accounts, documents, [electroruc records and
systems,)·'""''-'- 2010 money, bullion, jewellery or other valuable article or thing;
(d) seize any such books of accounts, documents, (electronic records and systems,) """""
'-'· 2010 money, bullion, jewellery or other valuable article or thing found as a result of
such search;
(e) place m.arb of identification ou 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 olher valuable
article 0< thing (;
(g) ex1rlet the data, images or any inputs stored in the electronic records and systems or
enter the systems by breaking through password protection or copy or analyse the data,
boob of accounts, documents, images or inputs.] Sa. F.A. lOII
(Explanation .• For the purpose of this section, 'electronic records and systems'
include dar,a.. record or data generated, image or sound stored. received or sear in an
electronic form or micro film or computer generated micro fie~ and also include an
electronic deviee.] SalM.bfP..A. 2012
(3) The authorised officer may requisition the services of any police officer or other officer of the
Government (or ny professional expert from outside the government) M<W 1-'- 2011 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 (or professional expert] Adaodf.A.,oll to comply with such requisition.
(4) The authorised officer may, where it is not practicable to seize any such books of accounts,
documents, (electronic records and systems,)·""'"' '-'· 2010money, 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
169
his previous permissioo; and the authorised officer may take such steps as may be necessary for
ensuring compliance with the order(:
Provided that if the owner or the person concerned, without any reasonable cause.fails
to comply »ith the provisions of this sub-section, the Deputy Director General, Central
Intelligence Cell or the Deputy Commissioner of Taxes may reabze from him the money or the
value of the bullion, jewellery, valuable article or thing, if any, removed, parted with or
othe.nc,iss dealt "M-ith; and in such a case the said person shall be deemed to be an assessee in
defaulJ under this Orriinance.J""·"''·o.2007
(5) The authorised officer may, during the course of the search or seizure, examine on oath any
persoo. who is found to be in possession or control of any boob of accounts, documents,
[electronic records and systems,) """' P.A. ,o,o money, bullion, jewellery or other valuable article
or thing and any 5tatement made by such person during the eumina.tion m.ay thereafter be used
in evieeeee in any proceediDg under this OrdiDance, or the Income-tu Acl, 1922 (Xl of 1922).
(6) Where any bocks of accounts, documents, [electronic records and systems,) """' , ...
1010
money, bullion, jewellery or other valuable article or thing is found in lhe possession or
control of any penoo in the course of a search. it may be presumed that-
(a) the bocks of accounts, documents, (electronic records and systems,) ,..... f.A.
1010
mooey, bullion, jewellery, article or rhing belongs 10 such person;
(b) the contents of (the boob of accounts and documents the bocks of accounts,
documents, electronic records and systems,] 5•'of P.A. loto are true; and
(c) the signature on, or the handwriting in, any such bocks or documents is the signature
or handwritingof the person whose signature or hand writing it purports to be.
(7) The person from whose custody any boob of accounts or other documents [or electronic
records and systems,) , •....., '·'- 2010 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 [or electronic records and systems,] """"' '.A.
2010
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 the Commissioner, the Director General, Central intelligence Cell has
been obtained forsuch retention:
Pn»1dd that th• Commissioner, the Directer Genera~ C,ntral int•lligmrc• C•U shall
not approv• such r•t,ntionfor a p•riod uceeding thirty days aftv all th• procudings under this
Ordinanc, in rep.ct of tho years for wllfch th, boo/a of accouna or oth11· documents,
[1l«rronfc r.cords and systems] ""'1tdF.A.10JOas ar, r,l,vant. hO'\'I b«,n compl•t•d.
(9) If aoy person, legally entitled to rhe books of accounts or other documents (or electronic
records and systems,]"'""·"- 2010 seized under sub-sectioo (2) objects 10 the approval given by the
Commissioner the Director General, Central Iotelligeoce Cdl under sub-section (8), he may
mall an application. stating therein the reasons for his objection. to the Board for the return of
the books of accounts or other documents; [or electronic records and systems,] lu "1 f.A. 2010 and
the Board may, after giving the applicant an opportunity ofbeillg 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" meaus any
proceeding ill 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 proceedingsunder this Ordinance which may be commenced after
such date in respect of any year.
170
[117A Power to vtrify and tnforce deduction or eollection of tu. -

(I) An authority, empowered in writing by the Commissioner of Taxes. Director Geoeral of
!nspectioo or Director Geoeral of Intelligence Cell to verify deductiooor collection of tax at
source or to eoforce the provisions of Chapter VII of this Ordinance, -
(a) shall have full and free access to the premises, places, products, books of accounts aod
records of economic activities maintained in any form or marmer;
(b) shall have access to any information, code or technology which has the capability of
relransforming or unscrambling encrypted data contained or available to such computers
into readable and comprehensive fonnat or text;
(c) may exlnlct tbe data. images or any inputs stored in the electronic records and systems or
enter the systems by breaking through password protection or copy or analyse the data,
boob of accou.nts. documents, images 01· in.pub;
(cl) may place marks of 1deotificatioo oo or stMDpany books of accounts or other document
or make or cause to be made extracts or copies the1efrom
(e) may impound and reta,n any such books of accounts, documents. eteetreere records and
systems; and
(I} may reqwre any person to perform or refrain from ecuvrnes as directed,
(2) An aulhonty empowered under sub-section (!), may be accomparued by experts, valuer or
forces as be reasonably thinks fit.
(3) Where any authority empowered under sub-section (I) u obstructed, hindered or unassisted by
any person. the person in whose premise or place the authority has entered or intended to enter
shall be liable to a penalty not exceedingTalca fifty lalch.
(4) Where a person is found to be in default in respect of compliance of this section or Chapter
VII ofthis Ordinance, the Deputy Commissioner of Taxes shall, after recording explanation of
the person so in default or ex parte where no explanation is found, proceed to recover the
amount of taxes along with penalties by malcing an assessment thereof.] ks by FA. 2003 wl SUbi.by
f_,%..2022
ll8. Retention ofseiud assets, -

(I) Where any money, bullion, jewellery or other valuable article or thing (hereinafter referred to
as assets) is seized under section 117, the authorised officer shall, unless he himself is the Deputy
Commissioner of Tues, forward a report thereof, together with all relevant papers, to the Deputy
Com.missioner of Taxes.
(2) Where he has seized any asset under section 117 or, as the case may be, he has received a
report under sub-section (!), the Deputy Commissioner of Taxes sh.ill, after gi~ingthe persou
cooeeroed • te&SO!Ulble opportunity of being heard and malcing such enqniry u [the senior
Comm,ss,ooer or) ......, '1 ' •· "" the [Directors-General of Inspectioo) .. .,. P.A. '"' or the
Commissioner may direct, ,vithio 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 uodw:losed property}, in
a summary manner to the best of his judgment on the basis of such materials as are
available with him;
(b} calculate the amount of tax payable under this Ordinanceon 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 notpossible to ascertain to which
171
particular incoms ye.ar or yea,·s such ineome or any part tha-u,f relates, he may
calcul.ats the tax on such income or part, as th• case may lxt, as ifsuch income or part
wers the total income chargeable to tax at the rates in forc« 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 appronl of the Commissioner, make an order requiring the person concemed 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 u he may deem fit in the
circumstances of the case.
(4) Where the person concerned fails to pay, or to make satisfactory arrangements for the
payment of, any amount required to be paid in pursuance of the order under sub-section (3) or
any part thereof, be 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 bis cus1ody the assets seized under section
117 on any partthereof as art in his opinion su.ffici~t forthe realisation of the said amount or, as
the case may be, of such part thereof as has 1101 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, be 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), be may, within
thirty days of the date of such order, make an application, stating therein the reasons for bis
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
fi!.
119. Application of reraieed assets. -

(I) Where the assets retained under sub-section (4) of section 118 consist solely of money, or
partly of money and p&rtly of other assets, -
(a) the Deputy Commissioner of Taxes shall firs! apply such money towards p•}ment of
the amount in respect of which the person concerned is deemed to be an assessee in
ddault under that sub-section; and thereupon such person sball be discharged of bis
liability to the extent of the money so applied; and
(b) where, a,fler application of the money under clause (a), any part of the amount
referred 10 therein remains unpaid, the Deputy Commissioner of Taxes may recover the
amount r~a.ining unpaid, by sale of such of the assets as do no1 consist of money in the
manner movable property may be sold by a Tax Recovery Officer fnr the recovery of
tax; and for this purpose he shall have all the powers of a Tu Recovery Officer under
this Ordinance.
(2) Nothing contained in sub-section (I) shall preclude the recovery of the amount referred to in
section 118(4) by any other mode provided in this Ordinance for the recovery of any liability of
an assessee in default.
(3) ADy assets or proceeds thereof which remain after the discharge of the liability in respect of
the amount referredto in section 118(4) shall forthwith be made over or paid to the persons from
whosecustodythe assets were seized.
172
[120. Power of Commissioner or InspectingJoint Commissioner to revise the erreneous order. -

(I) The Iospecting Joint Commissioner may call for and examine the record of any proceeding
under this Ordinllllce if be considers that any order passed therein by the Deputy Commissioner
of Taxes is erroneous in so far as it is prejudicial to the interests oftbe revenue, and may, after
giving lhe assessee an opportunity of being heard, and after making or causing to be made, such
inquiry as he thinks necessary, pass such order thereon as in his view the circumstances of the
case would justify, including an order enhancing or modifying the assessment or cancelling the
assessment and directing a fresh assessment to be made.
(2) Where the power of the Deputy Commissioner of Taxes is exercised by a higher income tax
authority under the provision of section 10, the proceedingsmeulioned in sub-section (I) shall be
taken by theCommission«.
(3) No order shall be made under sub-section (I) after the expiry of four years from the date of
the order sought to be revised.
(4) Nothing in section 93 shall bar any proceeding under this section in applicable cases.
(S) In this section, an order shall be deemed to be erroneous if. in lhe opinion of the
Commissioner or the Inspecting Joint Commissioner, as the case may be, -
(a) lilly income is misclassified in the order; or
(b) any pro,ision of this Ordinance is misinterpreted in making the ordtt; or
(c) the order is passed wilhout making verification which should have been made.; or
(cl) the order is passed allowing any relief without inquiring into the claim; or
(e) the order, direction or instmction issued by the Board under section 8 has not been
observed or followed in the order; or
(f) the order is erroneous for reasons apparent from the record.-1..._..,.,_._,,u,
(121. Revisional power of Commissioner. -
(I) The C-0roroissioner may(, either of his own motion or]°'"""-..,.'-'-"'°' on an application made
by the assessee, call for the record of any proceeding under this 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 prejudicialto the assessee, as he thinlcs fit.
(2) The application for revision of an order under this Ordinance passed by any authority
subordinate to the Commissioner shall be made within [siaty days) of the date on which such
order is commW:Ucated to the assessee or within such fw1her period as the Commissioner may
consider lit 10 allow on being satisfied rhat the assessee was prevented by sufficient cause from
malcing the applicabon within the said [sixty days).
(3) The Comm,.ss,oner shall not exercise bis power under sub-seeuee (I) ID respect of any order-
(•) where an appeal against the order lies 10 the Appellate J01Dt COtDmJssioner (or to the
Commissioner (Appeals)) or to the Appellate Tnbunal and the time wirbin which such
appeal may be made has not expired or the assessee has not waived bis right of appeal;
(b) where the order is pending on an appeal before the Appellate Joint Commissioner or
it has been made the subject of au appeal to the Commissioner (Appeals) or to rhe
Appellate Tribunal); or
(c) where a period of more than one year has elapsed from the date of the order in the
case of action by the Commissioneron his own motion. unless the Commissioner is
satisfied that there is sufficient causes to be recordedin writing. for exercisinghis power
under sub-section (1 ).
(4) No application under sub-section(!) shall be entertained unless-
(•) it is accompanied by a fee of [two hundred)taka; and
(b) the undisputedportion of the tax has been paid.
Explan.ation. - The "undisputed portion of the tax" means the tax payable under section 74.
173
(5) For the purposes of lhis section, an order by the Commissioner declining to interfere shall not
be construed as an order prejudicial to the assessee.
(6) Norwiths1anding anything contained in this Ordinance, an application for revision made under
sub-section (I) shall be deemed to have been allowed if the Commissioner fails to make an order
thereon u.ithin a period of thirty days from the date of filing the application.
Explanation. - For the purposes of lhis 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.] Oailclli"1f.A.lco7
[lllA. Pro,ision.al pow,r or Commissioner. -

(I) The Commissioner may on an application made by the sssessee, call for the record of any
proceeding under lhis Ordinance in which au order has been pasud by any authority subordinate
to him and may mm such enquiry or cause such enquiry to be made and, subject to the
provisions of lhis Ordinanoe, may pass such order thereon, not being an order prejudicial to the
assessee, u be thinJcs fit.
(2) The application for revision of an order under this Ordinance pused by any authority
subordinate to the Commissioner shall be made ,vithin sixty days of the date on whicll such order
is communicated to the assessee or ,vithin such further period as tbe Commissioner may consider
fit to allow on being satisfied that the assessee was preventedby sufficient cause from malcing
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
C-ommissioner (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
(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 (I) shall lie unless-
(•) it is accompanied by a fee of two hundred taka; and
(b) the undisputed portion of the tax bas been paid.
Explo.nlllio1L - The "undisputed portion of the tax" means the tax payable under section 74.
(5) For the pwposes of lhis section, an order by the Commissionerdeclining to interfere shall not
be construed u an order prejudicial to the ass.. see.
(6) Notwithstandinganything contained in this Ordinance, an application for revision made under
sub-section (I) shall be deaned to have been allowed if tile Commissioner fails to make an order
thereon within a period of sixty days from the date of filing the application.
E,planario11. - For the purposes of this section, the Appellate Joint Commissioner of Taxes
shall be deemed to be an authority subordinate to the Commissiontt to whom the Deputy
Commissioner of Taxes. whose order was the subject-matter of the appeal order under revision.
is subordinate.)..._.,.,..._,...
122. Power to take evidence on oath, etc.-

(!) The Deputy Commissioner of Taxes, the Joint Commissioner of Taxes, the Commissioner,
(the Director General, Central Intelligence Cell.] '"' '-'·'°"the Commissioner (Appeals) and the
Appellate Tribunal shall, for the purposes of this Ordinance, have the same powers as are vested
in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect
of the following matters, namely:-
(a) discovery and inspection;
174
(b) enforcing the attendance of any person and examining him on oath or affirmation;
(c) compelling the production of accounts or documenls (Ulcluding accounts or
documenls relating to any period prior or subsequent to the income year); and
(d) issuing commissions for the examination of witness.
(2) Tbe Depuly Commissioner of Taxes shall not. exercise his powers nnder this section for the
pwpose 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 (I) 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
proceediog under this Ordinance.
(4) Any proceeding under this Ordinance, before any authority mentioued in sub-section (1),
shall be deemed to be a judicial proceeding within the meaning of sectiou 193 and 228, and for
tbe purpose. of sections 196, of the Penal Code (Act XLV of 1860).
175
CHAPTER XV
IMPOSITION OF PENALTY
[123. Penalty for not maintaining accounts in the prescribed manner. -
(!) Where any person, not having income from house property, has, without reasonable cause,
failed to comply with the provisions of any order or rule made in pursnance of, or for the
purposes of section 35(2), the Deputy Commissioner of Taxes, may impose upon him a peualty
at the rate of a sum not exceeding-
(a) one and a half times the amount of tax payable by him;
(b) one hundred Taka where the total income of such person does not exceed the
maximum a.mount on which tax is not chargeable.
(2) Where any person, having income from house p.-operty, hu, 'w"ithout reasonable cause, failed
to comply witb the provisices of any order or rule made in pW'SU&Dce of, or for the purposes of
seclion 35(2), the Deputy Commissioner of Taxes, [may] ....... ,..._,.,. impose upon him a penalty
of fifty percent of taxes payable on house property income or fin thousand tab, whichever is
higher.]......,., A.-
[124. Pf'nalry for failo.~ to fiJt return, ere ..
(I) \Vhece any pecson has, without reasonable cause, failed to file a rerem of income required by
'°
or [undtt sections 75, 77, 89, 91 or 93), ,,.,,"1 r. "- 11 the Deputy Commissioner of Taxes may
impose upon such person a penalty amounting to ten pet" ceer of rax imposed 00: last assessed
income subject to a minimum of [taka one thousand] s.u, ,.o. 1001• and in the case of a continuing
default a further penalty of taka fifty for every day during which the default continues [:
Provided that s11ch penalty shall not exceed-
(a) in case of a.n assessee, being an individual; whose income was not assessed
previouslyfive thousand taka;
(b) in case of an assesses, being an indtvidual; whose income was assessed previously,
fifty per cent (50%) of the tax payable on the last assessed income or taka one thousand,
whicheveris higher.) Suh.by FA.. 200
((2) V,lhere any person has. without reasonable cause, failed to file or fwnish any return, certificate,
statement or infoanation required under sections 58, 15A, 103A, 108. 108A, 109. or 110, the
Deputy Commw.ioner of Taxes may impose upon such person-
(•) where the rdum. statement or ruformation undtt sections 75A 108 or 108A has not been
filed or fumtsbed a penalty amoooting to teu per cent of tu unposed on lut assessed
tncome or five thousand taka, whichever is higher, and IJl the case of a contwwng default, a
further penalty of one thousand taka for every mouth or fracbon thereof dunng which the
default cootuwes:
(b) ,n other cases of non-compbauee, a penalty amounll.ng to five thousand tab, and 1n the ease
of a con11nw.ng default, a further penalty of oue thousand tab for every month or fraction
thtteof dunng which the default continues.] Sob "r '.A.:?O:?l
(3) Where any person has, without any reasonable cause, failed to fwnish information as required
under section 113, the income tax authority requiring the informationunder section 113 may impose
a penalty of twenty-five thousand taka and in case of a continuing default a further penalty of five
hundred !aka for each day.] ""'•by'-'-20"
[1Z4A. Penalty for using fake Tax-payer's Identification Number. -

Where a person has, without reasonable cause, used Tax-payer'sIdenlifiealion Number (TIN) of
another person or used fake TIN on a return of income or any other documents where TIN is
176
required under this Ordinance, the Deputy Commissioner of Taxes lllllY impose a penalty not
exceedingtab twenty thousand on that person.] h,. •• -=-eioa 11:r'-"- lOto
[124AA. Penalty for failure to nrify Taxpayer's Identification Xumber, etc.-

Where a person, without reasonable cause, fails to comply wilh 1he provision of sub-section (5)
or (6) of section 184A, 1he Deputy Commissioner of Taxes or any other income tax authority
aulhorised by the Board for this purpose may impose upon such person a peoalty-
(a) not exceeding two lakh taka in 1he case of non-compliance ,.ilh 1he provision of sub-
section (5);
(b) not exceeding fifty thousand taka in 1he case of nun-compliance with the prevision of
oub-.ection (6).) o......._.,.,.A.20>2
125. Fa.ilu.~ to pay advanc·t tu, ttc.-

Where, in the course of any proceeding in conuection with the usessment of tu under Chapter
IX, the Deputy Commissionerof Taxes is satisfied that any person has-
(•) 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 lllllY impose upon such person a penalty of a sum not exceeding the amount by which
the IL'< actually paid by him falls short of the amount that should bave been paid.
126. Penalty for non-compliance with notice.. -

Where any person has, without reasonable cause, failed to comply ..,,1h any notice issued under
sections 79, 80 [or under sub-section (1) or (2) of section 83) ""-"1 '-"· 1991 the Deputy
Commissioner of Taxes may impose on him a peoalty not exceeding the amount of tax
chargeable on the total income of such person.
127. failure to pay tax on the basis of rdurn. -

Where, in the course of any proceeding under this Ordinance, the Deputy Commissioner of
Taxes is satisfied that any person bas not paid tax as required by section 74, [or the tax paid by
him under that section is le.. than eighty percent of the amountpayable there under) 0•"'"'.,. t. A.
"" he may impose upon such person a penalty of a = not exceeding twenty-five percent of the
whole of the tax or u the case may be, of such portion of the t.u. u has not been paid.
128. Pf'nalry for concf'1_lm,nt of income.~

(I) Where, in the course of any proceeding under this Ordinance, the Deputy Commissioner of
Taxes, the Appellate Joint Commissioner, (the Commissioner (Appeals)] .....,. u. 1"1 or the
Appellate Tnl>unal 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 fumisbed inaccurate particulars of such
income; or
(b) understatedthe value of any immovable property in connectionwilh its sale or
transfer with a view to evading tax,
he or it shall impose upon sucb person a penalty of (fifteen per cent)...._.,.,_..._,... 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:
Provided that if concealment referred to in clause (a)and {b) of this sub-section
or sub-section (2) is detected after a period of more thOll one yearfrom the year in which
177
th• concealmBnt ~·asfirst assessable to fax, the amount of penalty shall increas« by an
'"""·"'P.A.
additional [fifteen per cent] '°"for each preceding assessment year.
{Provided that where concealmetit referred to in this sub-section is in a case
whsre the assessment of tax was made by the assessee himself in accordance with any
rules made there under and accepted by the Deputy Commissioner of Taxes as correct,
the words "two and a half times" occurring in this sub-section shall be read as "fee
times]a...lF.AJm
(2) For the purpose of sub-section (I), 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 pm. or
(b) showing any expenditure not actually incurredor claiming any deduction therefore.
[(2A) Notwithstanding anything contained in sub-<ections (I) and (2), in a case where a
certificate is issued by a chartered accountant as to the COITeCtness of the total income of an
assessee under !he lir51 proviso to section 82 it is subsequently disco\"ered by the Deputy
Comou.ss,oner of Taxes, lbe Appellate Joint Commissioner, lbe Appellate Additional
ComD11SS1oner, the Commissioner (Appeal) or lbe Appellate Tnbuoal !bat lbe chartered
accounllUlt willfully or knowingly withheld any information ttlating to !he particulars of such
income. he or it may impose upon such chartered accountant a pe!Wry of a sum not exceeding
two and a hatr times the amountof tax ,vhich would have been avoidNl had the total income as
certified by such chartered accountant been accepted as correct] O=i!M"1P A. l99f
((3) Notwithstandinganything contained in sub-sections (1) and (2), in a case whffe a certificate
is issuedby a chartered accountant as to the correctness of the total Income of an assessee under
the [first or lbe second proviso] to section 82 it is subsequently discovered by the Deputy
Commissioner of Taxes, the Appellate Joint Commissioner, the Appellate Additional
Commissioner, the Commissioner (Appeal) or the Appellate Tribunal that the chartered
accounlanl wil1fu1Jy or knowingly wilbheld any infonnation relating to the particulars of such
income, he or it may impose upon such chartered accouatant a penalty of a sum not exceeding
two and a half times the amount of tax which would have been avoided had the total income as
certified by such chartet-ed accountant been accepted as correct] 1a.B1 t,A. 19'L ~ 1. A. H9l
[129. lncon-.ct distribution of income by registered firm. -

Where, in lbe course of any proceeding under this Ordinance, the Deputy Commissioner of
Taxes, the Appellate Joint Commissioner [, lbe Commissioner (Appeals)) or !he Appellate
Tnbuoal is sabSfied that the profii. of a registered film have been distnbuted olherwise than in
accordance ,.,lb the shares of !he partners as shown in the inslnlment of partnership ttgistered
under this Ordinance governing such distribution and that any partner has lhettby returned his
income below tis real amount, be or it may impose on such puto.er I penalty of a sum not
exceeding one and a half times the amount of tax which has been avoided, or would have been
avoided, if the income rerurned by such partner had been ac:c~ted as hi5 correct income, and no
refund or o<her adjmtment shall be claimable by any other partner on account of imposition of
Such penalty)°""""" p A. l'9I
[129 ..;\.. Ptnalty for teeerreet or falst audit report by eharrered ac.countant.-
Tues, the Appellate Joint Commissioner, the Commissioner of Taxes (Appeals) or the Appellate
Tribuaal is satisfied beyondreasonable doubt that the audit report-
[(a) is not certified by a chartered accountant to the effect Iba! the accounts are
maintained and the statements are prepared and reported in accordance with the
Bangladesh Accounting Standards (BAS) and lbe Bangladesh Financial Reporting
Staadards (BFRS), and are audited in accordance with the Bangladesh Standards on
Auditing (BSA), or) s..... brr.A. 2016
178
(b) is false or incorrect,

he shall impose upon such chartered accountant a penalty of a sum not less than fifty
thousand taka but not more than two lakh taka. J ..... "1 '-'· ,.,.
129B. Penalty for furn.ishing fake audit report. -

Taxes, the Appellate Joint Commissioner,the Commissioner(Appeals) or the Appellare Tribunal
is satisfied beyond reasonable doubt that any audit report fumished by an assessee along with the
retum of income or thereafter for any income year is not signed by a chartered accountant or is
believed to be false, such authority or the Tribunal, as the case may be, shall impose upon such
'°"
assessee a pe,ia.Jty of a sum of one lakh ta1ca for that income year.)...._..,., s:
130. Bar to imposition of ptnalty without hearing. -

No order imposing a penalty under this Chapter [or Chapter XIA)...._..,., .... "'" shall be made on
any person unless such person has been beard or has been gh-en a reasonable opportunity of
being hutd.
131. Prtvious approval oflnspt(ting Joint Commissiontr for impoting penalty ..

The Deputy Commissioner of Taxes shall not. impose any penalty under !his Chapter without the
previous approval of the Inspecting Joint Commissioner except in the cases referred to in section
124.
{Prol'ided that no penalty under sub-section (2A) of section 128 shall be imposed without
previous approval ofrhs Boord.J°""""'byP.A.1999
(131A. Previous appronl of the Board for imposing penalty. -

Notwithstanding anything contained in section 131, no penalty under subsection (3) of section
128 shall be imposed l>ithout previous approvalof the Board)"'"''·'-"" '"''"""'"1'·"- 109
[132. Ordtrs of ptnalty to be seet to Deputy Commissiontr of Taxes. -

The Appellate Tnouual or any income tax authority, not being the Deputy Commissioner of Taxes
himself, making an order imposing any penalty under this Ordinance shall forthwith send a copy of
the order to the Deputy Commissioner of Taxes, and thereuponall the provisions of th.is Ordinance
relating to the recovery of penalty shall apply as if such order were made by the Deputy
Commissioner of Taxes.] M•~'A 2011
133. Pt-n•lty 10 bf' wir.hour pnjudice to othtr liability. -
The imposition on any person of any penalty under this Chapter shall be without prejudice to any
other liability \\ hich such person may incur. or may have incurred, under this Ordinance or under
1
any other law forthe time being in force.
[l33A. Rerision of ptnalty based on the revised amount of Income. -

(I) Where a penalty imposed under this Chapter is directly related to the amount of income
assessed under the provision of this Ordinance and the amount of income is revised subsequently
by an order made under this Ordinance, the Deputy Commissionerof Taxes shall pass an order
revisingthe order of penalty at the time of revising the income.
(2) No order of enhancement of penalty shall be made unless the parties affected thereby have
been given a reasonableopportunityof being heard.
179
(3) Where, in the case mentioned in sub-section (I), an order of the revision of penalty is not
issued despite the fact that the relevant assessment order has been revised, the parties affected
can make an application to the Deputy Commissioner of Taxes requesting the revision of the
amount of penalty and if no order has been made by within one hundred and eighty days from the
receipt of snch application, the amount of penalty shall be deemed to have been revised
according to the. revised amount of income and all the provisions of this Ordinance shall have
effectaccordingly."] ..._.,., ..u017
180
CHAPTER XVI
RECOVERY OF TAX
134. Tax to include penalty, interest, etc.-
For the purposes of this Chapter, "tax" includes any sum imposed, levied or otherwise payable
under this Ordinance as penalty, fine, interest [, delay interest, additional amount,] ·"""' br 'A.
1016
fee or otherwise; and the provisions of this chapter shall accordingly apply to the recovery of
any such sum.
135. Notict of demand. -

(1) Where any tu iJ payable in consequence of any assessment made or any order passed under
or in pw,uance of this Ordinance, the Deputy Commissioner of Taxes wll save 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 ocder.
[(IA) Where any amount of tax is refundable in con.sequence of any order, [except an order
passed under stetion 83A and 83AA in pursuance of thiJ Ordinance.,].,_,..,.,. A.''°' the Deputy
Commissioner of Taxes shall specify in the notice referred to in sub-.section (I) the sum
refund.able to the assessee together with a copy of an assessmeet orderand a refund voucher
unless such refund is set off against tax as per provision of section 152.J '"'-""'-'·"'°
[(IB) The Deputy Commissioner of Taxes shall not set off without giving the assessee an
opportunity of being beard 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.) ..._..,.rs:
(IC) Where the Deputy Commissioner of Taxes fails to issue refund voucber for any refund due
to an assessee within the time specified in this section, such failure on the pa.rt of the Deputy
Commissioner of Taxes shall be construed as misconduct.
(2) Where the assessee upon whom a notice of demand bas been issued under sub section (I)
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
su~section (I) or, as the case may be, within the time as extended under sub.section (2), the
assessee shall be deemed to be in default:
Provtd«J that whor• tho assessee has pr,s,nt,d an apJnal und,r this Ordf11anc• 111
respect of th, ass,ssm,nt of tmpositton of th• tax or of rh, amount rhortt0f. th, Deputy
CommlJslon,rofTax,s sholl tr,at th• assess.. as not bolngIn dofoultforso long as such oppeol
is nor disposod of
(4) If, in a case where payment by instalment has been allowed under sub-section (2), the
assessee commits &fault in paying any one of the installmentswithin ~ time fi,ed therefore,
the assessee shall be deemed to be in default. as to the whole oftbe amoum 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 bas actually been committed was due for payment.
(5) Where an assessee bas been assessed in respect of income arising outside Bangladesh in a
country lbe 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 pa.rt of the tax
which is due in respect of such amount of income as cannot, by reason of the prohibitionor
restriction, be brought into Bangladesh, and shall continue to treat the assessee as not in default
in respect of such pa.rt of the tax until the prohibition or restriction is removed.
181
Explanation. - For the purposes of this section, iacome shall be deemed to have been
brought into Bangladesh if it has been or could have been utilized for the pwposes 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.
[136. Simple interest on delayed payment. -

If the amount specified as payable in a notice of demand under section 135 or an order under
section 156 or 159 is not paid within the time specified under section 135, the assessee shall be
liable lo pay simple interest at fifteen per cent per aooum from the date following the date or
extended date specified for payment to the date of actual paymeoL] "-'"1f.A. ""
137. Penalty for d,fault in paym.,nt of tax. -

(I) Wherean.._ is in default or is deemed to be in default in making payment of tax, the
Deputy Commissioner of Taxes may direct that. in addition to the amount of tax in arrears, a sum
not exceeding that amount shall be recovered from the assessee by way of penalty.
(2) Where,as a result of any final order, the amount of tax, with respect to the default in the
payment of which the penalty was levied, has been wholly reduced, the penalty levied shall be
cancelled and the amount of peoa.lty paid shall be refunded.
138. Ce-rtificatt for reeevery of tax~ -

(I) When an assessee is in default or is deemed to be in default in making payment of tax, the
Deputy Commissioner of Tues 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 (!)maybe forwarded to-
(a) the Tax Recovery Officer within whose jurisdiction the assessee carried on his
business or profession or the principal place of business or profession of the assessee is
situate; or
(b) the Tax Recovery Officer within whose jurisdiction the assessee resides or any
movable or immovable property of the assessee is situate; or
(c) the Tax Recovery Officer who has jw-isdictioo in relation to the assessee whose
income is assessable by the Deputy Commissioner of Taus forwarding the certificate.
139. Mttbod of recevery by T:u Recovery Olfktr. -

(I) Upon receipt ofa certificate forwarded to him under section 138, the Tax Recovery Officer
shall, notwithstanding anything contained in a.oy other law for the time being in force, proceed,
in accordance with the rules made in this behalf by the Board, to recover from the assessee the
amount specified in the eertificate by one or more of the following modes> namely: -
(a) attachment and sate, or sale without artachmeat, of any movable or immovable
property of the assessee;
(b) airest 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.
[(2) While recovering under sub-section (I) the amount specified in the certificate forwarded to
him, the Tax Recovery Officer may also recover in the same maooer from the assessee in default,
in addition to such amount, any cost and charges, including expenses on the sen-ice of any notice
or warrant, incurred in the proceedings for the recovery of the tax in arrears.] SQ.t,yf.o.1ooi
182
(3) If the Tax Recovery Officer to whom a certificate is forwarded under section 138 is not able
to recover tbe entire amount by the sale of movable and immovable properties of the assessee
within bis jurisdiction, bnt 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 witrun whose jnrisdiction 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 unrecovered as if the certificate was forwarded to him by the
Deputy Commissioner of Taxes.
140. Power of withdrawal of <trtificate and stay of proceeding. -

(I) Notwithstanding the issue of a certificate for recovery nnder section 138, the Deputy
Commissionerof Taxes shall have power to withdraw, or correct any clerical or arithmetical
error in the certificate by sending an intimation to that effect to the Tax Recovery Officer.
(2) Where the order giving rise to a demand of tax for which a certific.ie for recovery has been
issued has been modified in appeal or other proceedings under this Ordinance and, as •
consequence thereof, the demand is reduced but the order is the subject matter of further
proceedings under this Ordinance, the Deputy Commissiooer of Taxes shall stay the recovery of
such part of the a.mount of the certificate as pertains to the s.aid r~uction for W 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 rednced as a result of appeal or other proceedings under this Ordinance, the Deputy
Commissiooer 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 maybe.
(4) The Deputy Commissioner of Taxes shall communicate to the Tax Recovery Officer any
orders of cancellation, correctioo, stay of proceeding, withdrawal or amendment, as the case may
be, of a certificate for recovery.
141. Validity of certifieate for recovery not open to dispute. -

When the Deputy Commissiooer of Taxes forwards a certificate for recovery under section 138
to a Tax Recovery Officer, it shall not be open to the assessee to dispute before the Tax Recovery
Offioer the correctness of the assessment; and the Tax RecoveryOfficer shall not entertainany
objectioo to the certificate on any ground whatsoever.
141. Recovtry of Tax through Celleeter ofDi.sn·lct. -

(I) The Deputy Commissioner of Taxes may forward to the Collector of District in which the
offiee of the Otpury Com.missioner of Taxes is situate or the.district i.o which the assessee resides
or owns property or carries on business or professiou, a ce.1iticate undet his signature speei.fying
the amount of arrears due from an assessee, and the Collector, on receipts of such certificate.
shall proceed to recover, from such assessee the amowt specified thes-ein as if it were an arrear
of land reveaae,
(2) Without prejudice to any other powers which the Collector of District may have in this
behalf, he shall, for the purposes of recovery of the a.mount specified in the certificate for
recovery forwarded to him under sub-section (1), have the powers \v'bich 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 Commissiooer of Taxes may, at. any time, recall from the Collector of District a
certificate forwarded to him under sub-section (I) and upon such recall, all proceeding
commenced in pursuaace of the certificate shall abate:
183
Provided that ths recall of a certificate shall not affecJany recoveries mads by th«
Collector before the recall as if the certificate had not, to th• exten: of such recovery, been
recalled; nor shall the recall of a certificate issued at any time preventths recovery,by issue of a
fresh certificate, of any amount which was recoverableat the lime the certificate so recalled was
issued.
[142A. Recovery of tax through Special i\lagistrate.s. -

(I) Without prejudice to the provisions of section 142, the Deputy Commissioner of Taxes may
forward to a Magistrate of the First Class, specially empowered in this behalf by the
Government, hereinafter referred to as the Special Magistrate, [in whose temtoruil jwisdictiou
the office of the deputy Commissioner of Taxes is situate, or tbe assessee resides, or owus
property or carrin on business or profession] O.iN "1 '· A. a certific-a.te under his signature
specifying the amouot of arrean due from the assessee, aod the Sp«ial Magistrate shall, on
receipt of such certificate, proceed to recover from the assessee the amouot specified therein as if
it were an arrear of land revenue and the Special Magistrate were I CoUector of District.
(2) WithoUI prejudice 10 any other powers of a Collector of Distriel wruch the Special Magistrate
may have in this behalf, he shall, for the purposes of recovery of the amount specified in the
cmificate for reco,·ery forwarded to him under sub-section (!), bave the powers which a Civil
CoW1 has under the Code of Civil Procedw·e, 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 Special Magistrate a
certificate forwarded to rum under sub-section (I) and upon such recall, all proceedings
commenced in pucsuance of the certificate shall abate;
Provided that the recall of a certificateshall not ajfsct any recoveries made by the
SpecialMagistratebeforethe 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 lime prevent tne recovery, by
issue of a fresh certificate of any aniount which was re.coverable at the time the certificate so
recalled was issued.
143. Otber modes of reconry. -

(I) Noh>;thstandingthe issue of a certificate for recovery of tax under section 138 or section 142,
the Deputy Com.m.i.uioner of Taxes may also recover the tu. in the manner provided [in sub-
section (IA) or (2)] .. ·"'""· '"'·
((IA) For the purpose of recovery of tax payable by an assessee wruch is not disputed in appeal
to any appellate forum, the Deputy Commissioner of Taxes may, with the previous approval of
the Commissioner, after gi,-iog the assessee an oppottunity of being beard, stop movement of any
goods and services from the business premises of such assessee and also shutdown such business
premises till the reco,·ery of rhe tax referredto above or any satisfactory arn.ngem~t has been
made forthe recovery of suc:b tax.] ta,.1,y '.A, 1'''
(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-
[(•) from whom 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, any money or goods belonging to, or on accouot of, the assessee,
to-
(i) pay to the Deputy Commissioner of Taxes the swn specified in the notice on or
before the date specified therein for such payment; or
(u) stop the transfer of that goods to the assessee or the placement of that goods
under the disposal of the assesse until the amouot of tax mentioned in the notice has
184
been paid or a satisfactory arrangement has been made with the Deputy
Commissionerof Taxes for payment.of such tax; or) s.,,,..,.,_._,.11
(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 pa;uent sobsequenl 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 Govemment;
[(c) i.•ho is responsible for supplying gas, electricity, water or any other services to disconnect or
discontinue such supply within twenty one days from the date of receipt of such notice.) """'r.A.
2022
(3) A person who has paid any swn as required by sub-section (2) (a) wall be deemed to have
paid such swn under the authority of the assessee aud the receipt by the Deputy Commissioner of
Taxes shall constitute a good and sufficient dischll'ge of the li.obility of •uch person to the
assessee to the extent of the sum specified in Che receipt,
(4) A person who bu deducted any sum as required by sub-seetioo (2) (b) wall be deemed to
have deducted lhe tax under section 50 and the relevant provisions of Chapter VII shall apply
accordingly.
(S) If the person to whom a notice under sub-section (2) is sent fails to make payment or to make
deductions ita pursuance of the notice. he shall be deemed to be an assessee in default in respect
of the amoun1 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 rime 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 lhat any arrears may be
recovered by any process enforceablefor the recovery of an arrear of any muoicipa I tax or local
rate imposed under any enacbnent for the time being in foroe in any part of Bangladesh, the
Deputy Cornroissioner 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).
E.xp/JmaJio11.- For the removal of doubts ii is hereby clarified that lhe several modes of
recovery specified in this Chapter are neither mutually exclusive nor affecl in any way any other
law for the rime being in force relating to lhe recovery of deb1$ due 10 Government, and ii shall
be lawful for the Deputy Commissioner of Taxes, if for any special reasons to be recorded by
him, 10 bave recourse 10 any such mode of recovery uotwilhstanding that the tax due is being
recovered from an assessee by any other mode.
185
CHAPTERXVD
DOUBLE TAXATION RELIEF
144. Agr••ment to avoid double taxation. -
(I) The Govemmen1may enter into an agreement with the Govemmecr of any other country for
the avoidance of double taxation and the prevention of fiscal evasion with respectto 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 provisionsas may be necessary for
implementing the agreement.
(2) Where any such agreement as is referred to in sub-section (I) is made with the Government
of any country,the agreement and the provisionsmade for implementing it shall, notwithstanding
anything contained in any other law for the time beiug in force, have effect in so far as they
providefor·
(a) relief from the tax payable under this Ordinance;
(b} determining the income accruing or arising, or deemed to be acauing or arising, to non·
residents from sources within Bangladesh;
(c) where aU the operatioos of business or profession are 001 carried on within Bangladesh,
determining the income attributable to operatioos carried on within or outside Banglade,b., or
the income chargeable to tax in Bangladesh in the bands of non-residents.including their
ageecies, branch es or esrablisb.ments in Bangladesh;
(d) determining the income to be attributableto 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 infonnationforthe preventionof fiscal evasion or avoidanceof tax on income
chargeableunder this Ordinance and under the correspondinglaw in force in that country.
(3) Any agreement made in pursuance of sub-section (I) may include provisions for relief from
tax for any period before the commencement of this Ordinance or before the making of the
agreement and provisionsas to incomewhich 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.
145. Rtlitf in respect of income a.rising outside Bangladtsh. -

If any person who is resident in Bangladesh in any year proves to the satisfaction of the Deputy
Commissioner of Tu.es thall in respect of any income which bas 1ccrued or arisen 10 him during
that year outside Bangladesh, he has paid tax, by deduction or otherwise, in any country with
which there is no recipra<al agreement for relief or avoidance of double taxation, the Deputy
Com.missioner of Taxes may. subjttt to such rules u the Board may make in this behalf, deduct
from the tax payable by him under this Ordinance a sum equ.,J 10 the ta.-< calculated on such
doubly taxed income al 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 amountofta.x calculated on the total income by such income.
186
CHAPIERXVIIl
REFUNDS
146. Entitlement to refund. -
(I) A person, who satisfies the Deputy Commissioner of Taxes or other authority appointed by
the Go,·ernment 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 whicb he is properly
chargeable under this Ordinance for that year, shall be entitled to a refund of any sucb excess.
(2) Where the income of the person is included under any provision of this Ordinance in the total
income of any other person, sucb other person alone shall be entitled to a refund under this
chapter in respect of such income.
147. Claim of n,fund for deeea se d or disabled persons. -

\Vhe.-e through death, incapacity, insolvency, liquidation or other cause, a penon, is unable to
claim or receive any refund due to him, his legal representative, or the trustee, guardian or
receiver, u the case may be, shall be entitled to claim or receive such refund for the benefit of
such petSOll or his estate.
148. Cerreeraess of ai.tt-llllltnt, ete., not to be questiontd ..

In any claim for re.fund undtt this chapter. !! shall not be open to the claimant to question the
correctness or validity of any assessment or other matter which has become final and conclusive
or to ask for a review oftbe same, and the claimant shall not be entitled to any relief on any such
issue raised excepr refund of the tax paid in excess.
149. Refund on the basis of orders in appeal. -

Where,as a result of any order passed in appeal or other proceeding under this Ordinance, refund
of any amount becomes due to an assessee, the Deputy Commissioner of Taxes shall, refund the
amount, unless set off against tax or treated as payment of tax as per provisions of section 152, to
the assessee within sixty daysJ from the date on whicb the refund has become due J without his
havingto make any claim in that behalf.
150. Form of claim and limitation. -

(I) Every claim for refund Wider [under sections 146 and 147) .....,.r.A...., shall be made in such
fotm and verified in such manue.- as may be prescribed.
((2) No claim for refund [under sections 146 and 147] shall be allowed unless it is made within,
two yean from the date of service of the demand notice whicb relates to the refund)°"'"" >r r. A.
,..,
151. Inrtrtst on drlayNI rrfund. -
Whtte a refund due to an assessee i.s: not paid ,vithin rwo months of~ date of the [relevant
assessment ordtt or) O.ll!M"1 ,. A. ltt) claim for refund, or refund becoming due consequent upon
any order passed in appeal or other proceeding tmder this Ordina-oce interest at rhe rate of seven
and a half per cent. per annum shall be payable to the assessee on the amooru of refund from the
month followingthe said two months to the date of issue of the refund.
152. Adjustment of refund against tax. -

Where, under the provisionsof this Ordinance, the Income-ta."<Act,1922 (XI of 1922), the Gift-
tax Act, 1963 (XIV of 1963), or the Wealth-tax Act,1963 (XV of 1963), any refund or repayment
is found to be due to any person, the amount to be refunded or repaid or any part thereof may be
set off against the tax, payable by that person under this Ordinance or treated, at the option in
writing of that person, as payment of tax payable under section 64 or section 74 thereof.
187
[CHAPTER XVIIIA
SETILL~NT OF CASES
1S2A. Definitioas. -
In this Chapter, unless there is anything repugnant in the subject or context, -
(i) "bench" means a bench of the Commission;
(ii) "case" means any proceedings under this Chapter relating to any order mentioned in clause
(a) and (b) of sub-section (I) of section 1520;
(iii) "Chairman"' means the Chairman of the Commission;
(iv) "Commission" means the Taxes Settlemeut Commission appointed under section 152B; and
(v) ..member" means a full-time or a part-time member of the Commission.. and includes the
Chainnan thereo[
1528. Taxes Sttt1tmtat Commission, -

(I) The Go\"emm~I slulll appoint a Commission 10 be called the Taxes Settlement Commis.s,on
which shall exercise the powers confen·ed upon and discharge the func11oos assigned 10 it uoder
llus Chapter.
(2) The Commission slulll coo.sist of a Chainuan and as many roll-time aod part.time members as
may be determined by the Gcveremeat fi·o1n time to time.
(3) The Chairman and other members of the Commission shall be appointed by the Government
fonn among.st persons of integrity and outstanding ability having special knowledge of, and
experience in, matters relating to income tax law, accouatants, tn.de~ commerce, industry,
business and administration.
152C. Powe-rs and Functions of the Commission. -
(I) The powers and functions of the Commission shall be exercised and discb.atged by benches of
the C-0mroission to be coastitued by the Chainnau.
(2) A bench shall ordinarily consist of two roll-time members or one rulltiroe member and one
part-time member and shall be presided over by the Chairman:
Prol1de-dthat where the Chmrman is not a member of the lMnc.h, th11 Chairn1an shall
au.thori.s• any member ofth• bench to presid11 ovu it.
(3) Subject to the pro,isioos of this Ordinance, the Commission shall regulate its own procedure
aod the procedures of its benches in all matters arising out of the disclw-ge of its functions
includtng the places at which a bench shall hold its sittings.
(4) If the members ofa bench differ in opinion as to the deciuon 10 be gi,·en on any point, -
(a) the point slull1 be decided according 10 the opinion of the IIUIJDnty, 1fthere is a maJonty;
(b) if the members are equally divided and the Chai,man of the Comrousion is not himself a
member of the bench, the case shall be referred to the Chairman and the decision of the
Commission slulll be expressed in terms of the opinion of the Chairman; and
(c) if the members are equally divided and the: ChiW11W1 of the Commission is himself a
roember of the bench "the opinion of the Chairman shall prevail and the decision of the
Commission shall be expressed in terms of the opinion of the Chairman.
(5) The order of the Commission in any case or on any point shall be fuia1 and conclusive:
Provided that in a case where the Con1missionis of the opinion that the case involves a
substan!ial question of law, it may, at any lime, transfer the case to the Taxes Appellate Tribuna~
and the provisions of Chapter XIX shall apply to the case so transferred.
188
1520. Applkation (or Stttltmtnt or Casts. -

(I) An assessee, not being a company having a paid up capital of tab fifty lal:hs or above, may
make an application in the prescribed form and verified in the prescribed manner to the
Commission ifhe is aggrieved by an order of-
(a) an Inspecting Joint Commissionerof Tues under section 10 or section 120; or
(b) a Deputy Commissionerof Taxes under Chapter IX of this Ordinance.
(2) No application under sub-section (I) shall lie before the Comntission unless-
(a) the assessee has filed the retum of income under this Ordinance and the income tax
payable on the basis of such retum has been paid;
(b) the assessee has waived his right of appeal or revision, as the case may be;
(c) the application has been made within sixty days of the receipt of the order referred to
in ,ub-section (I); and
(cl) tbe application made under sub-section (I) IS accompanied by a fee of raka three
hundred,
(3) An assessee havu1g made an application under sub- seeuea (I) shall not be allowed to
Wtt.hdraW IL
[lS?E. Disposal or application by the Commission. -

(I) Tbe Commission, on having received the application, may oithtr allow the application or may
rejectthe same if it is satisfied that any one or more of the conditions laid down in sub-section
(2) of section 152D have not been compliedwith:
Provided that th• application shall not be rejected under mis sub-section unless an
opportunity has b..,,. given to the applicant of being heard.
(2) Where an application is allowed under sub-section (1), the Commission may call for the
relevant recordsfrom the. Commissionerand after examinationof such records and such other
evidences,as it may deem fit, pass such order as it thinks fit after giving to the applicant and the
Commissioner an opportunity of being heard in person or through their authorised
represeatatives.
(3) Every order passed under sub-section (2) shall provide for the terms of settlement including
any demand of lU, penalty or interest, the manner in which any sum duo under the settlement
shall be paid and all other matters necessary to make the settlementeffective.
(4) The Commiuioo shall pass its order under this section within •ix months from the date of the
receipt of the application and shall communicate the order to the applicant and the Commissiouer
within thirty days &om the date of passing of such erder.] lwlM'1FA ltM_. • 1 c 5> 0....... .,.,.A..1002
189
CHAPTER XVIIlB
ALTERNATIVE DISPUTE RESOLUTION
1S2F. Alternative Dispute Resolution. -
(I) Notwithstaudmg anything contained in Chapter XIX any dispute of an assessee lying with
any income tax authority, Taxes Appellate Tribunal or Court may be resolved through
Alternative Dispute Resolution (hereinafter referred to as ADR) in the manner described in the
following sections of this Chapter and rules made thereunder.
(2) Board may, by notification in the official Gazette, specify the class or classes of assessees
eligible for ADR or extend the area or areas in which these provisions may be applied-
1S2G. Commen«ment of ADR. -

The ADR as mentioned in this Chapter shall come into force on such date and in such class or
classes of assessees as the Board may determine by notific1tion in the official Gazette.
ISlH. Definition. -
For the purposes of this Chapter, unless the context otherwise requires.
(a) "'authorised representative ... means an authorised representative mentioned in sub-sectica (2)
of section 174;
(b) ''bench" means bench of Taxes Appellate Tribunal;
(c) "Commissioner's Representative" means an officer or officers nominated by the
Commissioner of Taxes from among the income tax authorities under section 3 to represent in
the Alternative Dispute Resolution process under this Chapter;
(d) "court" means the Supreme Court;
(e) "dispute" means an objection ofan assessee regarding-
(i) asse 11eot of income above the income declared by him in his retum of income for
the relevant year, or
(it) order of an appellate authority under chapter XIX which results in assessment of
income which is above the declared amount i.n his retum of income;
1s-2L Application for alternative resolution of disputes. -

(I) Notwithstandina anything contained iu Chapter XIX an assessee, if aggrieved by ao order of
an income tax authority, may apply for resolution of the dispute through the ADR process.
(2) An assessee may apply for ADR of a dispute which is pendina before any incometax
authority, tribunal or court;
[Pro-,ded lhlt wbere any dupute has already been filed in the form of Wnt penhon shall
10"
001 be a mbJe<:t of ADR J "' '>' •·•·
(3) All cases dealt with under sub-section (2) are subject to permission of the concerned ineome
t.ax authority[, ttibunal] hH.brP.A.. 201, or the court, u the case may be;
Provided that after obtaining such permission from the income tu authority, Tribunal or the
cowt and upon gn1111ing of such permission, the matter shall remain stayed during the ADR
negotiation process.
(4) The application shall be submitted in such form, within such time, accompanied with such
fees and verified in such manner as may be prescribed.
(5) The application is to be submitted to the respective Appellate Joint Commissioner of Taxes or
Appellate Additional Commissioner of Taxes or Commissioner of Taxes (Appeals) or Taxes
Appellate Tribunal, as the case may be.
190
((5A) The application may also be filed in such electronic, computer readable or machine
readable form and in such manner as may be specified by the Board by order in writing.] "'·'1•-•·
2017
(6) In the case of a dispute pending before either Division of the Supreme Court, the assessee
shall obtain the permission of the court prior to filing an application under sub-section (2), by
filing an application before the court which, upon such an application being made before it, may
pass an order allowing the matter to proceed to ADR, or otherwise as it deems fit
(15211. Stay of procttding in case of pending appul or rderence at Appellate Tribunal or Hig)t
Court Di,isi.oo... -
Where an assessee has filed an application for ADR for any income year and for the same
income year, the Deputy Commissioner of Taxes bas filed an appeal before the Appellate
Tribunal or the Commissioner has made a reference before the Higb Court Division and no
decision bas been made in that respect by the Appellllte Tribunal or Higb Court Division as the
cue may be, the proceeding of such appeal or referenoe shall remain stayed till disposal of the
application forADR.J lu~• .. cDOobf P.A. Hll
[152J. Eligibility for appli<arion for ADR. -

An assessee shall not be eligible for application to ADR if he fails to pay tut payable under
section 74 wbett the return of income for the relevant year or years has been submitted.) M.W "1
f.A. 2016
152K. Appointment of Facilitator and his duties and responsibilities, -

For the pwposes of resolving a dispute in an alternative way, the Board may select or appoint
Facilitatorand determine his ( fees,] s,,,..,.•· A.20l2duties and responsibilities by rules.
152L. Rights and dutios of the assessee for ADR. -

(I) Subject to sub-section (2), the assessee applying for ADR shall be allowed to negotiate
himself personally or along with an authorized represenrative, with the Commissioner's
Representative for the c.oocemed dispute under the facilitation and supervision of the Facilitator.
(2) The Facilitatoc may exempt the applicaut-assessee from persoually attending the negotiation
process and may be allowed to represent himself by an authorised representative, if he has
sufficient reasons for his absence.
(3) While submitting an application for ADR, the applicant-assessee shall submit all related
papers and documents, disclose all iss:ue.s of law aod facts.
(4) Tbe applicant-auessee shall be cooperative, interactive, fair and boo.lfide while negotiating
f'orresolution.
(5) If the applicant-assesseo makes any untrue declaration, submits any &Ju document and
obtains an order or assessment on that basis. the order or assessment shall be set aside. if so
detected, and appropriate legal action be initiated against him.
(6) The applicant-assessee shall be liable to pay any taxes, if due as a result of negotiation with
the time frame as decided in the ADR.
152!1!. l'\omination and responsibility of the Commissioner's Representative in ADR. -

(I) Tbe respective Commissioner of Taxes may nominate any income tax authority snbordinate
to him, not below the rank of Deputy Commissioner of Taxes to represent him in the negotiation
process of the ADR.
191
(2) The representative so nominated under sub-section (1) shall anend the meering(s) of ADR
negotiation process and sign the agreement of such negotiation process, where an agreement is
reached.
1S2N. Procedures of disposal by the Alternative Dispute Resolution. -

(1) Upon receiving lhe application of ADR, the Facilitator shall forward a copy of the application
to lhe respective Deputy Commissioner of Taxes and also caJJ for bis opinion on the grounds of
the application and also whether the conditions referred to in sections 1521 and 152] have been
complied with.
(2) If the Deputy Commissioner of Taxes fails to give his opinion regarding fulfillment of the
conditions \\ ithin [five working days] s,..,.by f · A.l0l2from receiving the copy mentioned in clause
1
(c) of $Ub-RCtiou (3), the Facilitator may deem that the conditions thereto have been fulfilled.
(3) The F1cilitator m1y-
(1) notify in writing the applicant and the Commissioner of Taxes or the Commiwoner's
Representative to attend the meetings for settlement of dispuaes oo a date mentioned in
the notice;
(b) ifbe considers it necessary to do so, adjourn the meeting from time to time;
(c) call for records or evidence, from the Deputy Cornmi5sioner of Tues or from the
applicant before or at the meeting. with a view to settle the dispute; and
(cl) before disposing of the application, cause to make such enquiry by any incometax
authority as he thinks fit.
(4) The Facilitator will assist the applicant-assessee and the Commissioeer's Representative to
agree on resolvingthe dispute or disputes throughconsultations and meetings.
1520. Decision of the ADR. -

(1) A dispute, which is subject to this Ordinance, may be resolved by an Agreement either
wholly or in part where both the parties of the dispute accept the points for determination of the
facts or laws applicable in the dispute.
(2) Where an agreement is reached, either wholly or in part, between the assessee and the
Commissioner's Representative, the Facilitator shall record, in writing, the details of the
agreement in the manner as may be prescribed.
(3) The recording of every such agreement shall describe the terms of the agreement including
any tax p,11yable or refundable and any other necessary and appropriate matter, and the manner in
which any sums due under the agreement shall be paid ind such other mailers as the Facilitator
may think fit to make the agreement effective.
(4) The agreement shall be void if it is subsequently fouod that it bas been concluded by fraud or
misrepresentation of facts.
(S) The agreement shall be sigued by the assessee and the Commiuioner's Representative and
the facili1i11or.
(6) Wbe<e no agreement, whether wholly or in part, is reached or the dispute resolutioo is ended
in disagreement be-tween the applicant-assessee and the concerned Commissioner's
Representative for nee-cooperation of either of the parties, the Facilitator shall communicate it.
in writing recording reasons thereof, within fifteen days from the date of disagreement, to the
applicant and the Board, the concerned court, Tribunal, appellate authority and income tax
authority,as lhe case may be, about such unsuccessful dispute resolution.
(7) Where the agreement is reached, recorded and signed accordingly containing time and mode
of payment of payable dues or refund, as the case may be, the Facilitator shall communicate the
same to the assessee and the concerned Deputy Commissioner of Taxes for compliance with the
agreement as per previsions of this Ordinance.
192
(8) No agreement shall be deemed have been reached if the Facilitator fails to make an
'·'°'
agreement withm [three months) s.. ,.., '· 1 from the end of the month in which the application
is filed.
(9) Where there is a successful agreement, the Facilitator shall communicate the copy of the
agreement to all the parties mentioned in sub-section (6) within fifteen days from the date on
which the Facilitator and the parties have signed the agreement.
lSlP. Effect of agn•m•nt. -

(I) Notwithstanding anything contained in any provision of this Ordinance, where an agreement
is reached, under sub-section (9) of section 1520, it shall be binding on both the parties and it
cannot be challenged in any authority, Tribunal or court either by tbe assessee or any other
income tax authority.
(2) E,·ery agreement, concluded under section 1520 shall be conclusi,-e u to the matters stated
therein and no matter covered by such agreement shll~ save as otherwise provided in this
Ordinance, be reopaied in any proceeding under this Ordinance.
IS2Q. Limit-arion for appf'al where agretment is not cont.ludtd..
(I) Notwithstllnding anything contained i.n any provision of this Ordinance, where an agreement
is not rescbed under this Chapter, ,vholly or in part. the assessee may preJer an appeal-
(a) to the Appellate Joint Commissioner of Taxes or Appellate Additional Commissioner
of Tues or Commissioner of Taxes (Appeals), as the case may be, where the dispute
arises out of an order of a Deputy C-ommissioner of Taxes;
(b) to the Taxes Appellate Tribunal where the dispute arises out of an order of the
Appellate Joint Commissioner of Taxes or AppellateAdditional Commissioner of Taxes
or Commissioner of Taxes (Appeals), as the case may be; and
(c) to the respective appellate authority or court from where the assessee-applicant has
got permission to apply for ADR.
(2) In computing the period oflimilatious for filing appeal, the time elapsed between lhe filing of
the application and the decision or order of the ADR shall be excluded.
[Expbu1ation. - For the purpose of this section, "preferan appmln means the revival of
the appftal with an intimation in writing to th• respective ap~Uats authority.JS-.1,yF.A1017
152R. Post \o"trificatioo of the agretmtnt. -

(I) The Board may monitor the progress of disposal of the application for ADR in the manner as
may be prescribed and ensure necessary support and coordination services.
(2) Copies of all agreemeot or matter of disagreement shall be sent by the Facilitator to the
respective Comm.issionet and Board for verification and ascertainment or whether the agreement
is legally and &ctually correct.
(3) After receiving the copy of agreement or matter of disagreement, if it appears to the Board
th.at the alleged agreement is obtained by fraud. misrepresentation or concealment of fact causing
loss of revenue, then such agreement shall be treated as void and the matter shall be
communicated to the c.oncemed authorities. Tribunal or cowt for taking necessary action.
152S. Bar on suit or prosecution. -
No civil or crimmaJ action shall lie against any person involved in the ADR process before any
court, tribunal or authority for any action takenor agreement reached in good &ith.) ........'.A. 2011
193
CHAPTER XIX
APPEAL AND REFERENCE
[153. Appeal to appellate income tax authority. -
(!) Any person aggrieved by order of an income tax aulhority regarding the following matters
may appeal to lhe respective appellate income-tax authority-
(i) assessment of iacome;
(ii) computation of tu liability or refund;
(iil) set off or carry forward of loss;
(iv) imposition of any penalty or interest;
(v) clwge and computation of surcharge or auy other sum;
(vi) credit oftax; aod
(vii)paymeut of a refund.
(2) Subject to sub-section (3), au appeal in the following cases shall be made only to the
Com.missioner of Taxes (Appeab)-
(i) appeal by a company;
(ii) appeal against aD order under section 120;
(ili) appeal agaimr an order of adjustment or penalty involving lllrem.ational transactions as
~edin 107A;
(iv) appeal against an order, in matters mentioned in sub-section (I), made by an income tax
authority in the rank of a Joint Commissioner of Taxes or above,
(3) The Board may-
(i) assign any appeal to any appellate income-tax aulhority;
(ii) transfer au appeal from one appellate income-tax authority to another appellate
income-tax authority.
(4) No appeal shall lie in respect of an income which is computed as a share of the taxed income.
(5) No appeal shall lie against any order of assessment in the following cases-
(i) Where the retum of income was filed if tax under section 74 has Dot been paid
(ii) Where no retum of income was filed if at least ten per cent of the tu as determined by
the Deputy Commissioner of Taxes has Dot been
paid:
Provided lhat where the tax on the baS1S of return has beer> paid by the appellant
before 6ling the appeal and the appellate income-tax authority is convinced that the
appellaot was barred by sufficient reason from paying the tax before filing the return, it
may allow the appeal for hearing.
Explanation .. In this section, appellate tncome-tax authority m.ans th• Commfssfon1r of

Tans (ApJ>lals) or th Appellat«Joint Commissioner of Taxes. as tit• ease may be.] S.0.byP.A.
''"'
154. Form of app•al and limitation. -
(!) Every appeal under section 153 shall be drawn up in such form and verified in such manner
as may be prescribed and shall be accompanied by a fee of [ two hundred talat.) Sob. "1 '-'- '"'
[(IA) The Board may, by notification in the official Gazette. -
(a) specify [the cases in which the appeal] s,,. "1'-'-2017 shall be filed electronically or in
any other macbme readable or computer readable media;
(b) specify the form and manner in which such appeal shall be filed.J ·.w.t"1fA. 2016
(2) Subject to sub-section (3), an appeal shall be presented within forty five days, -
194
(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 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 tbe appeal within
that period.
155. Procedure in appeal bdore the Appellate Joint Commissioner or the Commissioner (Appeals).
(I) The Appellale Joinl Commissioner or the Commissioner (Appeals) sha1J fix a day and place
for the hemng of the appeal and give uotice thereof to the appellanl and the Deputy
Commissioner of Tues against whose order lhe appeal has been preferred.
(2) The appellanl and the Deputy Commissioner of Taxes shall have the righl to be beard al lhe
bearing oflhe appeal eilher in person or by a representative.
(3) The Appellate Joint Commissioner or the Commissioner (Appeals) may, if he considers ii
necessary to do so. adjourn the hearing of the appeal from time to time.
(4) The Appellate Joint Commissioner or the Commissioner (Appeals) may, before or at the
bearing of an appeal, allow the appellanl to go into any yound of appeal not earlier specified in
the younds of appeal already filed if he is satisfied that the omission of that ground from the
form of appeal was not wilful or unreasonable.
(5) The Appellate Joint Commissioner or the Commissioner (Appeals) may, before disposing of
an appeal, maJre such enquiry as he thinks fit or call for such particulars as he may require
respecting the matters arising in appeals or cause fwther enquiry to be made by the Deputy
Commissioner of Tues.
(6) While bearing an appeal the Appellate Joint Commissioner or the Commissioner (Appeals)
shall not admit any documentary material or evidence which "11Snot produced before the Deputy
Commissioner of Tues unless he is satisfied that the appellant was prevented by sufficient cause
from producing such material or evidence before the Deputy Commissioner of Taxes.
156. Decision in appeal by the Appellate Joint Commission,r or th, Com.mwion,r (Appeals) ..
(I) In disposing of an appeal, the Appellale Joint Commissioner 0< the Commissioner (Appeals)
may.-
(a) in the case of an order of assessment, con.6.1m, reduce, eohaDce, set aside or annual
the 1ssessmeo.t~
(b) in the case of an order imposing a penalty, confinn, set a.side or cancel such order or
vary it so as eithtt to enhance or to reduoe the penalty; and
(c) in any other case. pass such order as he thinks fit:
Provided that an order of assessment or psnalty .sllall not be .stlf aside except in a
case wh•r• tlr• Appellate Joint Commissioner or the Commissionu (AppBals)is satisfied
that a notice on the assessee has not been served in accordance with flre provisions of
section 178
(2) The Appellate Joint Commissioner or the Commissioner (Appeals) shall not enhance an
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 or the Commissioner (Appeals) disposing of
an appeal sha1J be in writing and shall state the points for determination, the decision thereon and
the reasons forthe decision.
195
(4) Where, as a result of an appeal, any change is made in the assessment of a firm or an
association of persons, the Appellate Joint. Commissioner or the Commissione, (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 or the Commissioner
(Appeals) shall communicate the order passed by him to the appellant, the Deputy Commissioner
of Taxes and the Commissioner within thirty days of the passing of such order.
(6) Notwithstanding anything contained in this Ordinance, an appeal to the Appellate Joint
Commissioner or the Commissioner (Appeals) shall be deaned to have been allowed if the
Appellate Joint Commissioner or the Commissioner (Appeals) fails to make an order thereon
within one hundred and fifty days from the end of the month from the end of the month on which
the appeal was filed.
157. App,al against ordtr of Tu Recovery Offic,er. -

Any person aggrie,-.d by an order of the Tax Recovery Office, under sectiea 139 may, within
lhirty days from the date of service of the order, appeal to the Inspecting Joint Commissioner to
whom the Tax Recovery Officer is subordinate, and the decision of the Inspecting Joint
Commissioner on such appeal shall be final.
158. App.al to th• Apptllatt Tnl>unal.-

(1) An assessee may appeal to the Appellate Tribunal ifhe is aggrieved by an order of-
(a) an Appellate Joint Commissioner or the Commissioner (Appeals) as the case may be,
under section 128or 156.
[(b) an Inspecting Joint Commissioner exercising the powers of a Deputy Commissioner
of Taxes under section 10; or
(c) an Inspecting Joint Commissioner under section 120]°"""'.,.'··,e .,..
(2) No appeal under sub-section (I) shall lie against an order of the Appellate Joint
Commissioner or the Commissioner (Appeals), as the case may be, unless the assessee has paid
[ten percent] ...._.,. r. ._ 1011 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 tu payable under section 74(:] ...._.,.,_._ 11
[Prol'lded that on an application made in this b•halft,y th• asses••. th• Commtsstoner
of Tans, may ,-duc,, th• requirement of such payment if th• grounds of such application
app,an roasonabl, to him [a11d shall pass such ord,r In this r,gard as h, rhlnb flt within thirty
daysfrom dar, of rhl rw:,tpr of such application] ,.. >,P.A. ,.,._J ....,. rA ,on
(2A) The Deputy Commissioner of Taxes may, with lhe prior approval of the Commissioner of
Taxes, prefer an appeal to lhe Appellate Tribunal againsr the order of an Appellate Joint
Commissioner, or the Commissioner (Appeals) under section 156.
((3) TI,., Deputy Commissioner of Taxes may appeal to the Appellate Tnl>unal againsr the order
of an Appellate Joint Commissioner, or the Commissioner (Appeals) under sectica 156 if the
Commissione, directs him to prefer an appeal against the order.J °"""' "°'
>r' .,e
(4) Every appeal under sub-section (I) or sub-section (2A) (or sub-section (3)) o.-i >r '· -'·
''°' shall be filed within sixty days of the date on which the order songbt 10 be appealed against is
communicated to the assessee or to the Commissioner,as the case may be:
Provided that the Appellate Tribunal may admit an appeal after the expiry of sixty days if
it is satisfied that there was sufficient cause for 1101 presenting the appeal -...tthin that period.
(5) An appeal to !he Appellate Tribunal shall be in such form and verified in such manner as may
be prescnoedand shall except in the case of an appeal under sun-section (2A) [except in the case
of an appeal under sub-section(3)) o,,;.,, >r 1· A. 2002 be accompanied by a fee of one thousand taka.
196
((6) The Board IDllY, by notification in the official Gazette. -
(a) specify (the cases in which the appeal]••"- '1'-'-2017 shall be filed electronically or in
any other machine readable or computer readable media;
(b) specify the form and manner in which such appeal shall be filed.J "'-'1'-'- 2016
159. Disposal of appeal by the Appellate Tribunal. -
(I) The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of
being heard, pass such orders on the appeal as it thinks fit.
(2) Before disposing of any appeal, tbe Appellate Tribunal ""'Y call for such particulars as it may
require respecting the matters arising in tbe appeal or cause further enquiry to be made by the
Deputy Coromi«ionu of Taxes.
(3) Where. as a rault of the appeal. any change is made in the assessment of a firm or association
of penons., or a oew assessment of a firm or association of persons is ordered to be made. the
Appellate Tnounal may dire<:t the Deputy Commissioner of Taxes to amend accordingly any
assessment m.1de Oil any partner of the 61m or any member of cbe association.
(4) The Appe11aleTribunal shall communica1e its order on tbe appeal lo the usessee and co tbe
Commissionerwithin thirty days from the date of such ordtt.
(S) Save as hereafter provided in this Chapter, the orders passed by tbe Appell.tie Tribunal on
appeal shall be final.
(6) Notwithstanding anything contained in this Ordinance an appeal filed by an assessee 10 the
Appellate Tribuaal shall be deemed to have been allowed if the Appellac. Tribunal fails to make
an order thereon within a period of six months from the end of the month in which the appeal
was filed [and where a case is heard by two members and an additional member is appointed for
hearing the case because of tbe difference of decision of tbe two members, the period shall be
eight months from the end of the month in which the appeal was filed] ""-'1'-' 1991:
Provided that the provisions of this sub-section shall not apply to an appealfiled by an
assesses at any time before the first day of July, 1991;
Provided furthsr that the provisions of this sub-section shall. in nlation to an appeal
filed by an assessee at any tims during the period between the fint day of July, 1995 and the
thirtieth day of Juns, 1996 (l>oth days inclusive), have effect as if for the words "two years" the
words "Thru years" were substituted on the day on which section 21 of ff~ ~~) (~~ 'IJl1fT
~~ 'If i111"7;/cam, intoforce:
Pro>1dedfurther that tho provisions of this sub-sectton shall. In nlation to an oppeat
filld by an assasu on or after th1first day of July, 1999, hav• ojf«:t as if for th• words "two
year: from th• •nd of th• year" th, words "two years from th• ffld of th• month" w,r,
subsrltutld:
Providld farmer that the provisions of this s,,b-s•crlon shall In relation to an appeal
filed by an assesse« IHfore th, first day of July, 2002 have eff,ct as if th, words "six months from
tn« •nd of the month in which appeal was .filsd" w•r• sub.rtitutad by rh• lt-'Ords ''on• yaarfrom
the end ofth, )'IUJr in which appeal was filed:
Provid1d furth1r that the appeals filed by th• D,puty Commission1r of Taxes on or
before th• thirliBfh day of June, 2002 on which no order was passsd by th• App<1llate Tribunal
till that dateshall be deemed to have been withdrawn from firs: of July, 2002.
160. Reference to the High Court Drvision. -
(1) The assessee or the Commissioner may, [within ninety days)...._..,.'· .um from the date of
receipt of the order of the Appellate Tribunal communicated to him under section 159, by
application in the prescribed from, accompanied, in the case of an applicationby tbe assessee, by
a fee of two thousand taka, refer to the High Court Division any question of law arising out of
such order:
197
(Provided that no reference under sub-section (I) shall lie against an order of the Taxes Appellate
Tribunal, unless the assessee has paid the following tu at the rate of-
(a) (fifteen per cent] .......,. r. ·'-'013 of the difference between the Ill."< as determined on the
basis of the order of the Taxes Appellate Tribunal and the tu payable under section 74
wheretax demand does not exceedone milliontaka;
(b) (rn-enty five percent] s,b<bfF.A.,on of the difference between the tax as determined on
the basis of the order of the Taxes Appellate Tribunal and the tax payable under section
74 where tu demand exceeds one million taka:J s......,.,.,..
2011
l'ro,,fded further that th« Board may, 011 an appUcalion mad• in this b•half, modify
or ""·aiv•. in any case, the requirement of.such payment.
(Providt1d that no referenc« by a,i assessee unless h• has paid twt1nty-flv•pt1r
ct1nt of tli• amount rt1prt1.st1nting flu, diff•r•nc•b•tw••n th• tax as dt1tt1rmin.d011 th•
bans of tho ordor ofth• A.pp•llat, Joint Commlsslonor [or tho Commf.ssloner (A.ppoals),
as th• cas, may boj a11d tho tax as d1termfnad on tho basu of tho ord,r of tho Appellate
Tribunal
Pro,,id,d furthor that th, Board may, on an appUcarlon mad, In this bohalf,
modifyor watve, in any cas•. th• r1qufrsm,nt of such paymt1nt.J,_ a,,.A. JWJ~ J991 ""'10.m'4
"''""""
(2) All applic.ation under sub-section (I) shall be in triplicate and shall be accompanied by the
following clocuments, namely: -
(a) certified copy, in triplicate, of the order of the Appellate Tribunal out of which the
questionof law has arisen;
(b) certified copy, in triplicate, of the order of the Deputy Commissioner of Taxes, the
Inspecting Joint Commissioner or the Appellate Joint Commissioner, or the
C-0roroissionei- (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 contenls 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
Cororois&iooer 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 lhe assessee is the applicant, the Commissioner shall be made a respondent; and where
the Commiuioner is the applicant the asses.see shall be made a respondeul:
Prrn,id•d that whrr, an assssse« dies or ts succ,ld,d by anoth,.r p.non or ts a con1pany
which Is bolng wound up, tho application shall 1101 abato and may, if th• assess .. was the
appUcant, b, conrlnuod by, and if ho was Iii• r,spond,nt, b, conrlnuod against, th• executor,
admfnfstraror or successor or oth•r l,gal r1prss,ntattv, of th, ass«JS••. or by or against th,
Uqufdator or rwc,tv,r, as th, cas• may b,.
(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 particulars 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 be
accompanied by any documents which are relevant to the question of law formulated in the
application and which were produced before the Deputy Commissioaer of Taxes, the Inspecting
Joint Commissioner, the Appellate Joint Commissioner, the Commissioner (Appeals) or the
Appellate T nounal, as the case may be iu the course of any proceedings relating to any order
referred to in subsection (2) (a) or (b).
198
(6) Section 5 of the Limitation Act,1908 (IX of 1908) shall apply to an application under sub-
section (1).
161. Decision of the High Court Drvision. -

(!) Where any case has """'1 referred to the High Court Division under section 160, it shall be
heard by a bench of not less than two judges and the provisions of section 98 of the Code of Civil
Procedure 1908 (V of 1908), shall, so far as may be, apply in respect of such case.
(2) The High Court Division shall, upon hearing any case referred to it under section 160, decide
the question of law raised thereby and shall deliver its judgement thereon stating the grounds on
which such decision is founded and shall send a copy of such judgement under the seal of the
CoW1 and siguatw-e of the Registrar to the Appellate Tribunal which shall pass such orders as are
necessllf}' to dispose of the cue in conformity with the judgement.
(3) The costs in respect of• reference to the High CoW1 Di,ision under section 160 shall be in
the discretion of the CoW1.
(4) Noto.ithstanding that a reference bas been made under section 160 to the Hig)I Court
Division., tax sh.all be payable in accordance.,vith tbe assessment made in the case unless the
reccvery thereofl,as been stayed by the High Court Division
162. Apptal to tht Appellate Dmsion. -

(I) An appeal shall lie to the Appellate Division from any judgement of the High Court Division
delivered under section 161 in any case which the High Court Division certifies to be a fit one for
appeal to the Appellate Division.
{Pro>fded that no appeal of an assessee shall lie against a judgement of the High Court
Division unless he has paid twenty-five-per cent of the amount representing the difference
between the tax as determined on the basis of the order of the Appellate Tribunal and the tax as
determined on the basis of the judgment of the High Court Division;
Provided farther that the Board may, 011 a11 application made in this behalf modify or waive, ill
any case~ the reqmrement of such payment.} Ins. ByF.A.19194 1991-'--..lb?F.A. l99'J.
(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 tboey apply in the case of appeals from decrees of the High CoW1 Division:
Prr:»1dd that nothing i11 this sub-ssction shall b. deemBd to aff«t th• provision of
action 161 (2) or(4):
Pro,,1d•dfarth•r that th• High Court Dtvtston may, on pltition mad• for th• uec11tio11 of
rh• oniu of th• .ApJnll.at• Divfsfo11 f11 respect of any cost. award.,/ rhar•by, transmtt th• order
for uec11tion ro any Court n1bordfnal• lo th• High Court Division.
(3) Whett the judgment of the High Court Division is varied or re,-.ned in appeal under this
section, effect shall be given to the order of the Appellate Division in the manner pro,>ided in
section 161 (2) and (4) in respect ofa judgment of the High Court Division.
(4) The p<ovisions 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 HighCourt Divisionunder section 160.
199
CHAPTER XX
PROTECTION OF INFORMATION
163. Statements, returns, etc. to be confidential. -
(1) Save as provided in this section, all particulars or informationconlained in the following shall
be confidential and shall not be disclosed, namely: -
(a) any statement made, return furnished or accounts or documents prodnced 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 XXl;
(c) any record of any assessment proceedings or any proceeding relating to the recovery
of demand under this Ordinance.
(2) Notwilbstanding anythiog contained in the Evidenoe Ac,, 1872 (I of 1872) or any other law
for the time being in foroe, no Court or other authot;ty shall, save as provided in this Ordinance,
be competent to require any public servant 10 produce before ii any return, accouots or
documents cootained in, or forming a part of, the records relating to any proceeding under this
Ordinance or to give evidence before it in respect 1bereo[
(3) The prolu'bition under sub-section (I) shall not apply to the disclosure of-
(a) any particulars in. or in respect of any statement. rerem, 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 (VIl of 1947);
(b) any particulars or information which is necessary for the pwposes of this Ordinance
to any person acting in the execution of this Ordinance, or of any particulars to any
persoa being an expert whose services have been placed al the disposal of the
Govemmeatby any international organisation of which Bangladesh is a member;
(c) any particulars or information which is occasioned by the la-..-fulemployment 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 froru an assessee under this Ordinance by the
Board or any officer authorised by it, or by the Commissioner, to any department of the
Govemmeat, local authority, bank, corporation or other organization for the purpose of
the recovery of any demand;
(e) any particulars to a Civil Cow1 iu any suit which relates to any matter arising out of
any proceeding under this Ordiuanee and to which Oovemmenl is a party;
(f) any particulars to the Comptroller and Auditor-General of BaJ131adeshfor 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 ref'unds;
(b) any particulars relevant to any inquiry into the conduct of any official of the income
tax department 10 any person appointed to hold such inquiry or to • 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 la\\<-yer, 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 uoder the Stamp Act, 1899 (11 of 1899), to impound an
insufficiently stamped document;
200
(k) any facts to an authorised officer of the Government of any 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
6scaJ evasioo where such disclosure is required under the tenns of the agreement;
(1) any such facts to any officer to the Government as may be necessary for the purpose
of enabling the Government to levy or realise any tax imposed by it;
(m) any such facts to any authority exercising power under the Exercise and Salt Act
,1944(1 of 1944), the Gift-tax Act,1963 (XIV of 1963), '<IWf ~~(~'It'll'~~
~. the Wealth-ta.,: Act,1963 (XV of 1963), the Customs Act,1969 (IV of 1969), the
Sales Tu Ordinance,1982 (XVIII of 1982), or [t"T~"""~ J»J ()»J """'~~ ~
~ t"7"1W/1rR""'" 'f"'.t,Rf.,.,..~ ~<>)~ (~<>)~"""'18•""{ ~}J..... "1'.A."11 as may be
necessvy for the pwpose of enabling it duly to exercise such power;
(n) so much of any such particulars, to the appropriate authority as may be necessary to
establish whether • person bas or bas 1101 been assessed to income tu 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 unde.r the foreign exchange control laws or to compile financial
S1atistics of international investments and balance of payments;
(p) any such information as may be required by any officer or depanment of the
Govemmeet for the purpose of investigation into the conduct and affairs of a public
servant;
[(PP) any such informatioo as may be required for the pwpose of investigation relating
to mooey laundering and terrorist financing if the informatioo is reqnested by the
authority responsible for giving approval to a prosecutioo relating to mooey laundering
and terrorist financing;] hu:oawdaiaebyJI.A. 2016
( q) any such particulars as may be requiredby any order made under sectioo 19(2) of the
Foreign Exchange Regulation Act, 1947 (VII of 1947); [orJ "-"'"11.A.2011
[(r) a list of highest taxpayers or distinguished taxpayers in accordance with rules made
or guidelines issued by the board 011 this behalf;) ..... .-.,r.A. ,.,.
[(•) the particulan of any assessee mentioned in the certificate issued under section 1848
to any person or authority mentioned in sub-secticn (I) of RCtion 184A for the purpose
of ,·erifying the authenticity of the twelve-digit Taxpayer's Identification Number
(TIN);]"'· "1f.A. "'"
[(t) any information required to fu1nish under section 108A.J "'"1'A'°11
(4) Nothing in this section shall apply to the productioo by a public sen·aut before a Court of any
document. declaration or affidavit filed, or tht record of any statement or deposition made in a
proceeding under section 90 or 111, or to the giving of evidence by a public servant in respect
thereof.
(5) Any person to whom any information is communicated under this section, and any person or
employee under his control, shall in respect of that information, be subject to the same rights,
privileges,obligations and liabilities as if he were a public servant and all the provisions of this
Ordinance shall, so far as may be, apply accordingly.
(6) This sectioo shall not be construed as prohibiting the voluntary disclosure of any particulars
referred to in sub-sectioo (1) by the person by whom the statement was made, return furnished,
accounts or docnments produced, evidence given or affidavit or deposilioo made as the case may
be.
201
CHAPTERXXI
OFFENCES AND PROSECUTION
164. Punishmtnt for non-eempliance of certain obligations.-
A person is guilty of an offence punishable with imprisonment for a term wt,jch may extend to
one year, or with fine, or with both, if he, without reasonable cause, -
(a) fails to deduct or collect and pay any tax as required under the provisionsof Chapter VII
except advance payment of tax or fails to deduct and pay tax as required under section 143(2);
(b) fails to prodooe, or cause to be produced, on or before the date mentioned in any notice under
Chapter VIII, or under section 83. such accounts, docwnents or statements as are referredto iu
such notice;
(c) fails to fumish, in due time, the return of income which he is required to fumish under section
75, or by notice given under section 77 or 93;
[(cc) refuses to fumish such infoamation as may be necessary under section 113;) ..,..,.A.
lOll
(d) refuses to permit inspection or to allow copies to be Uken in accordance with the provisions
ofsection 114;
(e) fails to afford eecessary facilities or to l\1rnish the required information to an income tax
authorify exercisingpowers under section 115; (or)°"""'.,.• A.'""
(ee) &ils to comply with the requirement. under sub-section (I) of section 116;
(eee) fails to comply with the order made under sub-section (I) of section 116A; or) tu.>rP.A. 2011
(f) refuses 10 permit or in any manner obstructs the exercise of pow ers under section 117 by an
incometax authority.
165. Punishmtntfor false- statement in verification, etc.-

A person is guilty of an offence punishable with imprisonment for a tenn which may extend to
three years, but shall not be less than three months, or with fine, or with both, if be-
(a) makes a statement in any verification, etc. in any retum or any other docutnent furnished
under any provisions of this Ordinance which is false [and which he either knows or believes to
be false or does not believe to be true]; Ota:itl•dby ?.A. 1999
(b) knowingly and wilfully aids, abets, assists, incites or induces another person to make or
deliver a false return, account, statement., certificate or declaration under tms Ordinance, or
l,jmself knowingly and wilfully makes or delivers such false return, accouat, statement,
certificate or declanition on behalf of another person;
(c) signs and issues any certificate mentioned iu the [proviso of].,..,,,_...,.,, section 82 which he
either knows or believ... to be false or does not believe to be true;
(d) refuses to furnish such information as may be necessary for the purpose of survey under
section 11 S.
[16SA. Punishmtnr for improptr use ofTa:r:.payer's ldtnrifiearion Numbtr. -

A person is guihy of an offence punishable with imprisonment for a term wt,jch may extend to
three years or with fine up to taka fifty thousand or both, if he deliberately uses or used a fake
Tu-payer's Identification Nmnber (TIN) or tax-payer's Identification Nmnber (TIN) of another
person. Itu..,.,_._,.,.
[165AA. Punishment for furnishing fake audit report. -
(A person is guilty of an offence punishable with imprisonment for a term which may extend to
three years, but shall not be less than three months, or with fine up to taka one lakh, or both, ifhe
furnishes along "'ith the retmn of income or thereafterany audited statement of accounts which
is false or does not conform with signature of a chartered accountant pmported to be signatory to
'°"
such statement.J ...,. .,. r.A.
202
[165B. Punishmtllt for obstructing an income tax authority. -

A person who obstructs an income tax authority in discharge of functions under this Ordinance
shall commit an offence punishable ,vith imprisonmentfor a term not exceeding one year, or
with a fine, or with both.] w. uwsoctioa.byf ...\.2011
[165C. Punishmrnt for unauthorised employment, -

A person is gui11y of an offence punishable with imprisonment for a teon which may extend to
three years, but shall not be less than three mouths, or with fine up to tab five lakb, or both, if he
employs or allows to work any individual not being a Bangladeshi citizen without prior approval
from [appropriate authority of the Govemmeat.] Sub">'f.A.201'] aa..... ,.aa.loJfA lOl>
166. Punishm,nt for concealmtnt of income, etc ..

A person is guilty of au offence punishable with imprisonment which may extend to five years,
(but shall not be less than three months,]"'·"'· A.""
or with fine, or with both, if he conceals the
particulars, or deliberately furnishes inaccurate particulan, of his income.
[166A. Puni1hmtnt for providing fabt information, ete.,

A person is guilty of an offence punishable with imprisonmentwhich may extend to three years or
with fine, or with both, if he is in possession of any information in relation 10 an assessee and after
being required to furnish the information to an income tax authorityunder this Ordinance -
(a) conceals the information; or
(b) deliberately fumisbes inaccurate information.) "'' "Y 1.A.""'
167. Punishment for disposal of property to prevent attachment. -

The owner of any property, or a person acting on his behalf or claiming under him, is guilty of an
offence punishable with imprisonment for a term which may extend to five years, or with fine, or
with both, if be sells, mortgages, charges, leases or otherwise so deals ·o,itb the property after the
receipt of a notice from the Tax Recovery Officer as to preventits attachment by that Officer.
168. Punishmt·nt for disclosurt of protected infol'mation. -

A public servant, or any person assisting, or engaged, by any person acting in the execution of
this Orclinance, is guilty of an offence punishable with imprisonment for a term which may
extend to six months. or with fine, if he discloses any particulars or information in contravention
of the pro,-isions ofsection 163.
169. Sanrtion for prostcurion. -

(I) No prC>SttUtion for an offence punishable under any provisions of this Chapter shall be
instituted exeept with the previous sanction of the Board.
[(2) Sanction under sub- section (1) shall not be given in respect of an offence other than an
offence undersection 128, which consists of the same facts on \\ hi.ch a penalty has been imposed
1
under Chapter XV)°'"'""'"'·A.1''9
[169..\.. Further enquiry and investigation, etc. for prosecution. -

The Deputy Commissioaer of Taxes, with prior approvalof the Commissioner of Taxes, may make
such enquiryand investigation,in addition to the enquiry already made under this Ordinance, as may
be necessary forthe purpose of prosecutionof an offence under this Chapter or a la'<related offence
(TI'ltiFW'!il'RW) under 'IFi~ ~$. ~~ (~o~~ 'llt•IH "'~-] w>,r.A.ioll
203
170. Power to compound offtne:e-s. -
(The Board may], .......,. t. 0· '"°'

either before or after the institutioo of uy proceedings or
prosecution foran offencepunishable under this Chapter, compound such offence.
171. Trul by Special Judge. -

(I) Notwithstanding anything cootained in the Code of Criminal Procedure, 1898 (Act V of
1898), or in uy other law for the time being in force, an offence punishable under this Chapter,
other th3Jl an offence under sectioo 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 Sd>edule to that Act.
(2) A Special Judge sh&ll take cognizance of, and have jurisdictioo to try, an offence triable by
him under sub-<tttion (1) only upoo a complaint in -...,iting made, after obtaining the sanction
under 169, by the Deputy Commissioner of Taxes-
(•) wbo is competent to make assessment under this OrdinaDce in the ease to wbicb the
offence alleged to have been committed relates, and
(b) wbose office is situated within the territorial limits of the jurisdiction of the Special Judge.
204
CHAPTERXXD
I\USCELLANEOUS
172. Relief when salary, etc.. is paid in arrear or advance. -
Where the income of an assessee is assessable at a rate higher than that at which it would
otherwise have been assessedby reason of-
(a) aoy portion of his salary being paid in arrears or in advance,or
(b) his ba,ing received in any ooe financial year salary for more lhan twelve moulhs, 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 rela.table to more income years than oue;
the Deputy Commissiontt of Taxes may, on an applicationmade to him in this behalf. determine
the tu. payable u if the salary, payment or intere,t had been received by the assessee dwing the
income year or years to which it relates aud may refund the amount of tax. if any, paid in excess
of the tu. so determined.
173. Correcrionof errors. -

((I) Where an income tax authority or the Appellate Tribunal finds by own motion or based on
written applic.ation from the as.sessee or informationfrom any othier source th.at an error apparent
from record has been made in any order passed by it. the income tu authority or the Appellate
Tribunal may amend the error by order in writing:
Provided that no amendment under this sub-section shall be mads after the expiration of
four years from tire date of the order sought to be amended.
(IA) Where an assessee, by an application in writing in relation to an assessment year, brings to
the notice of the Deputy Commissioner of Taxes of the claim that-
(a) a sum payable under this Ordinance has been paid in amount higher lhan the due
amount, or
(b) the due credit of a sum paid under this Ordinance has not been given,
the Deputy Commissioner of Taxes shall give credit of the amount in the assessment year in
which the sum was to be given credit if the claim of the assessee is found v.. lid and correct after
due verification.] s.s. '1"1A ~17
(2) No amendment under sub-section (I) which bas the effect of enbanciog an assessment or
reducing a refund or othuwise increasing the liability of the assessee shall be made unless the
parties affected thereby ha.i.ng been given a reasonable opportunity of being heard.
(3) Where any such error as is referred to in sub..eetion (I) is brought to the notice of the
authority concernedby the assessee and uo 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
pro,oisions of this Ordinance shall have effect accordingly.
((4) No amendment under sub-section (I) shall be made after the expiration of four years from
the date of the order sought to be amended.) °""'"'..,.
r.s. "'"
(5) Where in respect of any completed assessment of a par1ner 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, (121A), 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. sharein the assessmentor the correction thereof. as the case may be, shall be
deemed to be correction of au error apparent from the record wilhin the meaoing of this section,
and the provisions of sub-section (!) 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 fum.
205
(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
nece.ssa:ry 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 n.itbio the meaning of this
section, and the provisions of sub-section (I) shall apply accordingly, the period of four years
specified in sob-section (4) being reckoned from the date of the final order passed in the case of
the firm or association of persons, as the c.ase may be.
fl) Subject to the provisioos of sob-section (3) where an amendment is made under this section,
an order d,a1I be pused in writing by the income tax authority concerned or the Appellate
Tribuoal, u the cue may be.
[l 73A. Place of ass•ssment. -

(1) Where ao as.sessee carries 011 a business, profession or vocatioo at any place, be sha.JJ be
assessed by the Deputy Commissioner of Taxes of the area in which that place is situate or,
where the bus-in.tu~ 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, profes.sion 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 be 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 are.as within the
jurisdiction of more Commissioners than one, by the Commissioners concerned, or, if they are
not in agreement, bytbe National Board of Revenue:
Provided that, before any suck question is determined, the assesses 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 be has made the return of total income, or where he has nor made such return, after
the time allowed by the notice served on him for making such retwu has expired.Jtu.>rf.A.I917
174. Apptarance by authoriffd representative .•

(I) AD.y assessee, who is entitled or required to appear before any income tax authority or the
Appellate Tn'bonal in connection with any proceedings under this Ordinance, may, except when
required under section 122 to attend personally, appear by an authorised representative.
(2) For the pwpose of this seceicn, "authorised representative" me.ans a person, authorised in
writing by the usessee to appear on bis behalf, being-
(a) a relative oftM assessee who is his parent, spouse, son. daughter, brother or sister;
(b) a whole time regular employee of the assessee;
[(c) any officer ofa scheduled bank with which the assessee maintains a current account
or has other regular dealings;] Omiii.dby r. A. lttl
(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:
Provided that .such an income taxpractitioner shall be a member of any registered Taxes
Bar Association.
206
(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 bas been dismissed from Government service;
(b) a legal practitioner, or a chartered accountant, a cost and management accountant, or
other aocountant 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
(it) by the Board, in conoection with any income tax proceeding, and, on account
of that finding, he stands disqualified from practising his profession for so long
as such disqualification continues:
Provided that no person shall IHI duqualifi,d und•r this sub claus•
unl.u h• is giv.,1 a r•asonable opportu11ityofb.ing h-.a.rd:
PYovid,d ji1rth1r tltat any person disqualifl-1 undu this sub claus, may,
within on, month of his dtsqualiflcation, app,al to tho Gov,rnm,nt to hav, th,
disqualiflcatfo11 r,mov,d;
Ptovfdodfiirth,r that no disqualification und,r this suklaus, shall tak,
•ffoct unlil on, month fi·om the dat, of such disqr1allflcatfon has 1/aps,d or,
whon an appeal is pr1f,rr,d. until Iha disposal ofth• app,al;
(c) a person who hu become insolvent for so long as the insolvency continues.;
(d) a person who has been convicted of any offence ccnaected with any income tax
proceeding noder 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 Departmem who bas 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.
175. Tax to be calculated to nearest tab. -

In the determination of the amount of tax or of a refund payable under this Ordinance, fractions
of a tab, less than fifty poisba, shall be disregarded and fractions of a tab equal to or exceeding
fifty poisha shall be regarded as one taka.
176. Receipts to be given. -

A receipt shall be given for any money paid or recovered under this Ordinance.
177. Computation of tbe period of limitation. -

(1) In computing the period of limitation p,·escn'bed for an appeal or application under this
Ordinaooe, lhe day on which the order complained of was served, or, if the assessee was not
furnished with a copy of the order ,vhen the notice of the order was served upon him, the time
requisite for obtaining the copy of the order shall be excluded.
(2) Where the period of limitation prescribed for an appeal or application under this Ordinance
expires on a day which is a closed holiday, the appeal or application may be made on the day
next following such holiday.
178. Service of notice. -

((1) A notice, an assessment order, a form of computation of tax or refund, or any other
document may be served on the person named therein [by registered post or by sending from the
official electronic mail of the sender to the specified electronic mail address of the person] .,., ..,.
207
'.A. l<ltl or in the manner provided for service of a summons issued by a Court undet" the Code of
Civil Procedure, 1908 (Act V of 1908):
Provided that where a notice, an assessment order. a form of computation of tax or
refund, or any other document is received by an authorized representative as referred to in
section 174. such receipt by the authorized representative, shall be construed as valid service on
ihat person] _,,F. "-
1011
((IA) In providing service by post it shall be sufficient to prove that the letter containing the
notice was duly addressed and posted.J """rbyf.A.1"3••"'""""'"rf.A..1'97.
(2) A notice may be addressed-
(•) in the case of a fum or a Hindu undivided family, to any member of the fum, 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 penon who was a
member of the firm or association. as the case may be, immediately before such
dissolution;
(e) in a case wbere a bwiness or profession is discontin~ to wbidi seetiec 89 applies~
if the business 01' profession discontinued was.
(i) that of an individual, to the person whose income is to be assessed;
(it) that of a company, to the principal officer thereof;and
(iii) that of a firm or association of persons, to any person who was a partner of
such firm or a member of such association, as the case may be. at the time of the
discontinuance;
(f) in a case where a finding of partition has been recorded under section 90 in respect of
a Hindu undivided family, to the person who was the last manager of the family or, if
such person is dead, to all adult male persons who were members of the family
immediatdy before the partition; and
(g) in any other case, not being au iudi vidual, 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 beeu filed or the notice has been complied with.
Expl_anario11. - In this section, "notice" includes order or requisition made or issued
under this Ordinance.
((4) In this section-
(a) "electreaic mail" shall have the same meaning as assigoed to ~ c:i9.>I" by ~ <&
~ tJl[tl~ -· (~00<1> 'lt'lll<>~ :n ~;
(b) "official electronic mail of lhe sender" means the dectronic mail designated by the
Board to the income tax authority serving the notice;
(c) "specified electronic mail address of the person" means the eleetreaie mail address -
(i) that has been mentioned in the return of income of the person submitted for the
respective income year;
(ii) that has been specified by a person, in writing, to the income tax authority, as
the electronic mail address of such person.) I:cs bJ! -"- 2011
[178A. System generated notice, order, etc.-

A notice. order. requisition, certificate. communication, letter or an acknowledgment of receipt
generated by computer or dectronic system specified by the Board shall have the same meaning
208
and effect or the notice, order, requssrncn, certificate, communication, letter or an

acknowledgment of receipt issued or served under this Ordinanee.] ?u..-acliJ"f-4.. 2017
[178B. Electronic filing, etc.-

Where any retum,statement, application or document is to be filed to an income tax authority or
the Taxes Appellate Tribunal under any provision of this Ordinance, the retum, statement,
application or document may be filed in such electronic, computer readable or machine readable
fonn and manner as ma.y be specified by the Board."] 1as.-lc1'Jf.A1017
179. Certain ,rron not to vitiate assessment, etc.-

No assesmient, order, notice, warrant or other document made, issued or executed, or pwporting
to be made, issued or executed, under this Ordinanoe, mall be vcid or otherwi.>e 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 usessee.
180. Procttdinc acainsr companif'S under liquidation. -
NotwithJtanding anything contained in section 171 of the Companies Act, 1913 (VII of 1913),
leave of the Coun shall not be required for continuing any procttding. or c.ommencing any
proceeding. under this Ordinance against a company in respect of which a winding up order hos
been made or provisional liquidator appointed.
181. Indemnity. -
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.
181. Bar of suits and prosecutien, etc..-
(1) No suit sba1l be brought in any Civil Court to set aside or modify any assessment made under
this Ordinance.
(2) No suit, prosecution or other proceedings shall lie againJt any officer of the Government for
anything in good faith done or intended lo be done under this Ordinance.
183. Ordina.nc·t to ha,·t effect ptnclinc l~islativt p1·ovision for charct of tu ..

!£, on the 6n1 day of July in any year provision has not been made by Act of Parliament for the
charging of income tu for that year, this Ordinance shall nevertheless have effect until such
pro,iision is made. as if the provision in force in the precedio_g ~ar. or tht prcvisicc proposed in
the bill which may then be before the Parliament, whichever is mou favorable to the assessee,
\\...ere actually in force.
[184. Restriction on ritg:Utration of documents. -
(I) Notwithstanding anything contained in any other law for the time being in force, where any
document required to be registered under the provisions of section 17(a), (b), (c) or (e) of the
Registration Act, 1908 (XVI of 1908), purports to transfer, assign, limit or extinguish any right,
title or interest of any person [not being an individual,) in any property, no registering officer
shall register any such document under that Act unless the document is accompanied by a
certificate from the Deputy Commissioner of Taxes to the effect that the person whose right, title
or interest is sought to be transferred, assigned, limited or extinguished is 001 liable to taxation
209
under this Ordinance or the Gift-tax Act, 1963 (XIV of 1963), or that he has either paid, or made
satisfactory arrangement for payment of, all existing or anticipated liabilities under this
Ordinance or the Income-tax Act, 1922 (XI of 1922), or the Gift-tax Act, 1963 (XIV of 1963):
Provided that no such certificate shall be necessary in respect of mortgage to any bank of any
property valued at a sum not exceeding one lakh taka or in respect of sale by a bank as a
mortgage empowered to sell.
(2) Where any right, title or interest in any immovable property is transferred in collusion with
the purchaser in such a manner as to avoid the requirementof a certificate under sub-section (I)
for registration of the document purporting to transfer such right, tide or interest, the liability of
the ttansferer to pay tax under this Ordinance or the Income-tax Act, 1922 (XI of, 1922), or the
Gift-tax Act. 1963 (XIV of 1963), shall be a charge on the propeny so transferred and all the
pro,"isiom of Chaptu XVI shall apply for recovery of •uch tax.
(3) The application for a certificate under sub-section (I) shall be made by •uch person, in $UCh
form contam1ng •uch particulars, as may be prescribed,
(4) Notlw>g ID this seeuee shall apply to auy transacllon in relabonto-
(•) any agncultural land, or
(b) any non-agricultural land valued at a sum not exettding one lakh talca, situated
oo:rside the jurisdiction of any city corporatioa, pourasha\.-a or c1n1onment board or to
any document relating to such transaction..) 0.1t1M ..,., ..'- ttt~
[184A. Proof of subm.Hsion of rtturn rtquired in certain c.asts.-

(1) Notwithstanding anything contained in this Ordinance, a person shall be required 10 furnish a
proofof submission of return in the cases mentioned in sub-section (3).
(2) The proof of submission of return shall be-
(a) an aclcnowledgmen1receipt of return prescribed by the Board; or
(b) a system generated certificate containing name and Taxpayer's Identification Number (TIN)
of the person and the year for which retwn has been submitted; or
(c) a certificate issued by the Deputy Commissioner of Taxes contaioing name and TIN of the
person and the year for which return has been submitted.
(3) The proof of submission of return shall be furnished in the cases of-
(i) applying for a loan exceeding Talca five lalch from a banlc or a financial institution;
(ii) becoming a director or a sponsor shareholder of a company;
(iii)obt.wllog or contwwng au import registration certificate or export regmration certificate;
(1\·) obtainmg or renewal of a Crade license in the area of a city corporabon or p1unsha1,,-a~
(v) obta1.D1Dg reptrabon of co-operative society;
(-.) obtamiog or renewal of license or enlistment as a surveyor of g.......i 1DSurance;
(vu) obtam1ng regutta11on. by a resident, of the deed of transfer. bay,wwna or power of
attorney or selhng of a land, bualdlug or an apaa'lment lltuated wathlD a city corporation or a
paurasba,·a of• dastr1ct headquarter or cantonment board, wbtte the deed value exceeds
Tab ten lalch.
(vu1) obttin1Dg or m1.1n1am1ng a credit card;
(ix) obtam,ng or co,111nwng the membership of the profe .. ional body as a doctor, denbst,
lawytt. chartered accountant, cost and management accountant. engin.ett. architect or
surveyor or any other simdar profession;
(x) obtaining and retauting a license as a Nilcah Registrar under the ~luslim Marriages aud
Divorces (Registration) Act, 1974 (Lil of 1974);
(xi)obtaining or continning the membership of any trade or professional body;
(XU) obtaining or reaewal of a drug license. a tire license, en\.-iron.meru cJearance certificate,
BSTI licenses and clearance;
(xiii) obtaining or continuing commercial and industrial connection of gas in any area and
obtaining or continuing residential connection of gas in city corporationarea:
(xiv) obtaining or continuing a survey certificate of any water vessel including launch, steamer,
fishing trawler, cargo, coaster and dumb barge etc., plying for hire;
(xv) obtaining the permission or the renewal of permission for the roannfacture of briclcs by
210
Deputy Commis.sioner's office in a district or Directorate of Environment,as the case may be;
(xvi] obtaining the admissioo of a child or a dependent in an English medium school providing
education under international curriculum or english version of national curriculum, situated
in any city corporation, district headquarteror paurashava;
(xvu) obtaining or cootinuing the connection of electricity in a city corporatioo or cantomnenl
board;
(xviii) obtaining or cootinning the agency or the distributorship of a company;
(xix) obtainingor cootinning a license for anus;
(xx) opening a letter of credit for the purpose of import;
(xxi) opening postal snings accounts ofTalca exceeding five lakhs;
(xxii) opening and cootinuing bank accounts of auy sorts with aedit balance exceeding Talca ten
lakli5:
(xxm) purchaswa savings wstruments(Sauchayapatn) of Tab exceeding five lakhs·
(xxi\·) parttapatmgUJ. my eleetica 1n upazi.lla, pau.rashava, zilla pvu.b.lid. aty corporallonor Jatrya
Sangsad;
(xxv) paruc,pawig 111 a shared economic ac11v,11e, by pro"dlJI! motor vehicle. space,
accommodatson or any other assets.
(xxvi) recen"U13 1ny p1yment wh1cb rs an income of the payee clunfiab1" under the bead
"Salanes" by any person employed in the management or 1dmU11sttatn"efunchon or 111 any
supervisory pos1ttoo in the producuon fi.1nc1100;
(xxv1i)rttenug any payment which ts an income of the paytt class.Wable under the head
"Salaries" by an employee of the government or an authority. corporation. body or uruts of
the go,·ernmentformed by any law, order or instrument being in force, if the employee, at
any time in the income year, draws a basic salary oftaka sixteen thou.sand or more;
(xxviii) receiving any commission, fee or other sum in relation to money transfer through mobile
banking or other electronic means or in relation to the recharge of mobile phone account;
(xxix) receiving any payment by a resident from a company oo account of any advisory or
consultancy service, catering service, event management service, supply of manpower or
providing security service;
(xxx) receiving any amount from the Governmentunder the Monthly Payment Order (MPO) if the
amount of payment exceeds talca sixteen thousand per month;
(xxxi) registratioo or renewal of agency certificateof an insurance company;
(xxxii)registratioo. change of ownership or renewal of fitness of a motor vehicle of any types
excluding two and three wheeler;
(xxxiii) releasing overseas grants to a non-government orgamsation registered with NGO Affairs
Bureau or to a Micro Credit Organisation having licence with Miao Credit Regulatory
Authonty:
(XXXt,·) selb.ng of any gOO<I, or services by any digital platforms to coosumers 111 Banglade5h.
(xxxv) submtnmg opphcallon for lhe membership of a club regutered under -' ~. >l>i>8
Ol>l>S.,,,,...>.. ~"!Th) and Socienes Registntion Act, 1860 (Act No. XXl of 1860);
(xxxvi) rubm,nmg lender documents by • resident for the purpo,e of supply of goods, execunoa of
a contnc:t or rendenng a service;
(xxX\>1)subm111mg I btll of entry for import into 01· export from Bangladesh,
(xxx"u) subm1nmg plan for construction of building for the purpose of obtllll11ng approval from
Rajdhant Unnayan Kartripakkha (RaJuk), Chittagong Development Authonty (CDA),
Khulna Development Authority (KDA) and Rajshah.i Development Anthonty (RDA) or
other coocerned authority in any city corporation or p.aurashava;
(4) The Board may, by a general or special order, exempt any person from furnishing proof of
submission of remm..
(5) The person responsible for processing any application or nomination, or approving any license,
certificate, membership, permission, admission, agency or distributorship,sanctiooing any loan,
issuing any credit card, allowing connection or operation, executing registration or making any
payment shall not so process, approve, sanction, issue, allow, execute or make payment, as the
case may be. unless the proof of submission of return is furnished as required under the
provision of sub-sectioo (I) or the person who is required to furnish the proof of submission of
retum provides a certificate from the Board that be is exempted from furnishing such proof.
211
(6) The person to whom the proof of submission of return is furnislted shall ,·erify the authenticity of
it in the manner as may be specified by the Board.
(7) Where the person responsible for processing anyapplication or nomination, or approving any
license, certificate, membership, permission, admission, agency or distnbutorship, sanctioning
any loan, issuing any credit card, allowing connection or operation, executing registration or
making any payment, as the case may be, fails to comply with sub-sections (5) and (6), shall be
deemed to be an assessee in default and be liable to pay a penalty not exceeding Taka ten lakh as
imposed by the Deputy Commissioner of Taxes.
(8) No penalty under this section shall be imposed upon a person ,.ithout gi,'ing a reasonable
opportunity of being heard.
(9) A person not being an individual shall, instead of furnishing a proof of submission of return,
fumisJi a ,ystem generated certificate containing name and T~yer' s lclffltification Number
(TIN).
(1) m the year of 1DC01p0rauon.. regastration or fo1mabon, as the case may be. u.ndff any law or
UlS1ruments ham1g the force of law; and
(b) 111 the year follow111g the year of iacorporauo», reg1S1ta1ton or formatton. as the case may be,
uoder any law or 111Struments having the force of law.)..,.. "r• A'°"
[184AA. Twelve Digit Tax..Payrr•s identification number (Tll\1) in eertaie documt'nls, etc.-
The Board may, with the prior approval of the Government and by notification in the official
Gazette. specify any class of documents where a ewelve-digit t.a...~-payenidentification number
(TIN) is to be mentioned] .....,.r.A.,ooo
[184B. Ta.x-paytr's idtntification numbn. -

[(!) Every assessee or any person who applies manually or electronically for a Taxpayer's
Identification Number will be issued a certificate containing twelve-digit Taxpayer's
Identification Number and such other particulars in such maaner as may be prescribed:
Providedthat twelve-digit Tax-payer'sIdentificationNumber may be issued without any
application where any income tax authority has found a person luning taxable income during the
year and possesses such necessary information of thatpersonfor issuance of tweive-digit Tax-
payer'sIdmtificationNumber.] s......,,.A.1014
(2) Board may, by general or specialorder in writing, direct any person or classes of persons who
already hold a Tax-payer's Identification Number to furnish such information or documents for
the purpose of re.registration and thereafter issue a new [hveh·e-<tigit]""""'"7r.A. 1014 Tax-payer's
Identification Number.j••·br•.A. 2011
((3) Every existiJl! asses= having ten-digit TftX-payer's Identification Number or a Temporary
Registration Number (TRN) shall have to obtain twelve-digit Taa-payer's Identification Number
(TIN) before the last date of submission ofrenuu of income as required undtt section 75.J A""'""
P.A. 2014) M."7'P.A.lOll
[184BB. Ta,x collrcrionaccount number. -

E,~ person required to deduct or collect tu under Chapter VII of this Ordinance shall be given
a rax collection acccuat numbtt in such manner as may be preseribed.] 1a&.11yr. A. 2001
[184BBB. Unilitd Tupayn's ldtntification Numbtr (UTr\). -

An assessee ha,'ing taxpayer's identification number (TIN) when registered wi1b VAT authority
and obtained a business identification number (BIN) shall be given a Unified Taxpayer's
Identification Number (UTIN) in such manner as may be prescnbed by the Board.J 0""""-"r '· ·'·
~Olt
[184BBBB. Issuanee ofTtmporary Registration Number (TRi'\). -

Temporary Registration Number (TRN) may be given to a person who has been found having
taxable income in any year and has failed to apply for Tax-payer's Identification Number (TIN)
uader secticn 184B.]5•·"1'.A. 1011
212
(Explantllion.- For tn« removal of doubts. it is h•nby dodarBd that nothing in this
Ordinance shall limit ths authority of the Deputy Commissioner of'Taxes in imposing the liability
to pay any sum under this Ordinance on a person who has been given a TemporaryRegistration
Number (TRN) for tire reason that the person has fai!Bd to apply for ths Tax-payer's
Identification Number (TIN).] msbyP.A. ](}JI
[184C. Displa)ing proof of submission of return. -

(I) An assessee having income from business or profession shall submit bis retum of income as
required in section 75 and display lhe proof of submission of retum as defined in section 184A al
a conspicuous place of such assessee's business premises.
(2) Where an assessee fails to comply with the provision ofsub- section (I). be wll be liable to pay a
penalty of Tab ool less th.an five thousand aud uot exceeding tw~ thousand u unpcsed by the
Deputy CommU'1ooetof Taxes empowered to this end.] ..., "1 • "- ""'
[184CC. Roqui.-.mtnt of mtntionlnc hnlvuligit Taxpayer's ldtnti6ca1ion Numbtr in <trtaln

docum,ats ....
Notwithstanding anything contained in any other law for the time being in force where any
document relating 10 the transfer of land, building or apartment situated within a city corporation,
or cantonment board, or a paurashava of a district he.adquartttS , deed value of which exceeds
tab one lakh and required to be registered under the Regislration Act, 1908 (XVI of 1908), such
document wtt eontaie twelve-digit Taxpayer's Identification Number of both the seller and the
purchaser.J "'"1'-'-"'"
[1840. Reward to officers and employees of the Board and its suber-diaate income. lax offices [for
collection and detection of evasion of taxes) Oaitted by r.. "-. ?o1, .-
(I) Notwilhstanding anything contained in this Ordinance or any other law for the time being in
force, the Board may. in such manner and in such circumstances and to such extent as may be
prescribed, grant reward to the following persons: -
(a) an officer or employee of the Board and its subordinate tax offices for outstanding
performance [, collection] 5"'·" t. A. 2014 of taxes and detection of tax evasion [;
[(b)any other person for fumisbiug iufotmation leading to detection of tax evasion.]...,.... t s:
2010
((2) The Board may, is addition to the reward mentioned in sub-section (I), gJlllll reward to
officers and employees of the Board and its subordinate tax offices for a financi.al year for
collecting of revenue in excess of the revenue target u may be prescn"bed.]..._"7PA. 2010
(184£. Assisranc, to income tax autborit_its ....

AJI oflicus and staff of government and semi-goverumeat organiutioos, law enforcement
agencies. auaooomous bodies, statutory bodies, financial institutions, education.al institutions,
private organizations~ lccal government and non-government organizations shall assist the
income tax authorities in the discharge of their functions under this Ordinance.) w. ~ f..A. 2010
184F. Ordlaaaee to everride othtr laws. -

Notwithslanding anything contained in any other law for the time being in force, the provisions
of this Ordinance or any proceedings thereunder shall prevail over any other law in respect
of [the imposition and the collection of tax, the exemption of any income from tax, the reduction
of the rate oftax, the calling for any informationfor the purpose of taxation, and the protection of
information under this Ordinance] S,:;b1.b)·f.A. 2016] m._. foc:byl.A. 2011
[184G. Power to condone or extend, etc. -

(I) Notwithslanding anything contained contrary to any provision of this Ordinance, the Board
213
may, with prior approval of the Government, by an order, and in public interest, -
(a) condone the period of epidemic, pandemic, or any other ads of God, and war in computing
the time limits specified in any provision of this Ordinance; or
(b) extend the time limits specified in any provision of this Ordinance to such extent as the
Board may thinlc fit, due to such epidemic, pandemic, or any other acts of God, and war.
(2) The order under sub-section (I) may be issued with retrospective effect.] tu...,.' A. mo
214
CHAPTER XXIII
RULES AND REPEAL
185. Power to make rules. -
(I) The Board may, by notification in the official Gazette, make roles for canying out the
pwposes of this Ordinance; and any such roles may, in so far as Ibey do not impose, or bave the
effect of imposing, any criminal liability, be given retrospective effect.
(2) In particular, and without prejudice to the generality of foregoing power, such roles 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 previsioas of this Ordinance are not clear;
(b) the man.oer [extentand scope) Iu..,. t s: 2022 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
(u) income derived in part from agricultw:e aod in part from business;
(c) the ascertainment and determination of any income or class of income to be included
in the total income or ao assessee;
(d) the determination of the value of any perquisites and benefits and of the allowances
penn.is.sibte under this Ordinance in respect of any Mad of income or total income;
(e) the procedure for the grant of exemption of income of indusirul urulertalcings 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 procedw:e for, and any other matter connected with or incidentlll 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 cbarges to be paid in respect of any services rendered or in respect of
any matter for which fees and charges are payable under this Ordinance; and
(k) any other matter which is to be provided for by rules, or which is to be or may be
prescribed under this Ordinance.
(3) In cues coming under sub-£ection (2) (b), the rules may prescribe methods by which an
estim1te of such income may be made, and prescribe the proportion which shall be deemed to be
income classifiable under the head "Agricultural income" or ~come from business or
profession"',and an assessment based on t.uch estimate or propor1iOQ,as the case may be, shall be
deemed 10 be duly made in accordance with the provisions of this Ordinance.
(4) The power 10 mm rules under this section shall, except on the lint occasion of the exercise
thereof. be subject to lhe condition of previous: publication:
{Providod that where previous publicationof th« draft of any proposod roles or of any
amt1ndmcnt to any existing rols.s is made pursuant to iht1 provisions of tflis sub section, giving
thsnwitlt a notice soliciting objectionsand suggestionsto such draft within tit• period specified
in the notice and if no objection or suggestion is received wi.thin tfls period specified, the
previouspublication of such draft shall be deemed to be the final publication of tits proposed
rules or amendment, as the case may be.]1i:.,.byE ..\. l99,
215
[185 ...\. Power to issut circular, clarification,etr.-

Tbe Board may, by order, issue circular, clarification, explanation and directives relating to the
scope and applicatioo of any provision under this Ordinance and the roles and orders made
thereuruler-.) Ju..-MCbyf-"- 2016
186. Repeal and savings. -

(I) The Income-tax Act,1922 (XI of 1922) is hereby repealed.
(2) Noti>ithstanding the repeal, the Income tax Act,1922 (XI of 1922), and the rules made
thereunder, 5ba1I cootinue 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
proceedinp commenced or any prosecution instituted, under that Act.
(3) Save as provided in sub.section (2), the repeal under snb-sectioo (I) and enaccment of this
Ordinaoce sball, for Ibo 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).
187. Rtmoval of difli<uJties. -

(I) If aoy difficulty arises in giving effect to any of the provisions of this Ordinance, the
Government may> by notification in the official Gazette, make such provisions as it thinks fit for
removing that difficulty.
(2) No notification under this section shall be issued after the thirtieth day of June, 1988.
216
THE FIRST SCHEDULE

PART A
APPROVED SUPERANNUATION FU1''D OR PENSION rtnsn
[See section 2(6))
I. Definitions. -
For the purposes oflhis Part, -
(a) "employer", "employee", "contribution" and "salary" have, in relation to [Superannuation
fund or Pension Fund,] , ......,. •· A. 2000 the same meanings assigned to those expressions in
paragraph I of Pan Bin relation to provident fund; and
(b) "ordinary annual contn'bution" means au annual conlribution ofa fixed amount or an annual
oonlribution computed on some definite basis by reference to the euuiugs. the contributions or
the number of memben of the fund.
Z. Appronl and withdrawal of approval. -

((!) The Board shall within 6 months from the date of receipt of the application by it for
according approval to any Superannuation fund or PenJion Fund, accord such approval, failing
which the Superannmtion fund or Pension Fund shall be deemed to have been accorded approval
and the Boa.rd may, if. in its opinion. the Superannuation fund or Pension Fund contravenes any
.,.,.A. ,.,.
of the conditions specified in paragraph 3, withdraw such approval at aoy time.] s....
(2) The Board shall communicate in writing to the trustees of the fund the graot of approval with
the date on which the approval is to take effect, and where the appro,'al is graoted subject to
conditions, those conditions.
(3) The Board shall communicate in writing to the trustees of the fund any withdrawal of
approval \\rifb.tbe reasons for such withdrawal and the date on which the withdrawal is to take
effect.
(4) The Board shall neither refuse nor withdraw approval to any Superannuation fund or Pension
Fund or any part of a Superannuation fund or Pension Fund unless it bas given the trustees of that
fund a reasonableopportunity of being heard in the matter.
3. Conditions for approval -

In order that a Superannuation fund or Pension Fund may receive and retain approval, it shall
satisfy the conditions set out below and any other conditions which the Board may prescribe-
(1) the fund shall be a fund <stablished uode r an irrevocable trus1 in connection with a trade or
undertaking earned on in Bangladesh;
(b) the fund shall have for its sole purpcse the provision of annui.ties for employees in the trade
or undertaking on their rec:ittment at or a.fter a specified age or on their becoming incapacitactd
prior ro such rttittmen t, or for the widows, children or dtpendeots or penons who sre, or have
been, such employees on the death of those persons;
(c) the employer in the trade or undertalciug shall be a contn'butorto the fund; and
(d) all annuities, pensions and other benefits granted from the fund shall be payable only in
Bangladesh:
Provided that ths Board may, ifit thinks fit and subject to such conditions, if any, as it
thinks proper to aliach to the approval, approve a fund or any part of a fund-
(i) notwithstanding that the rules of the fund provide for the return in certain
contingencies of conlributions paid to the fund, or
(it) if the main purpcse of the fund is the provision of such aonuities as aforesaid,
notv.-ithstandiag that such provision is not its sole purpose, or
217
(w) notwithstanding the trade or undertaking, in connection with which the fund is
established, is earned on only partly in Bangladesh.
4. Application for approval. -

(I) An application for approval of a Superannuation fund or Pension Fnnd or part of a
Superannuation fund or Pension Fund for any year of assessment shall be made in writing before
the end of that year by the trustees of the fund to the Board and shall be accompanied by a copy
of the instrument under which the fund is established and by two copies of the rules and of the
accounls of the fund for the last year for which such accounts have been made up. The Board
may require such further information to be supplied as it thinks proper.
(2) If any alteration in the rules, constitution, objects or conditions of the fund is made at any
time after the date of the application for approval, the tnmees of the fund shall forthwith
communic1te such alteration to the Deputy Commissioner of Taxes, and in default of such
communication, any approval given shall, unless the Board otherwise orders, be deemed to have
been withcltawn from the date on which the alteration tool:: effect.
S. Ex•mprion of income of and c·onrribution to Superannuation fu_nd or Pf'n.s:ion Fund from t11x. -
(I) Income derived from investmonls or deposits of an appro,·ed Superannuation fund or Pension
Fund and any capital gains arising from the transfer of capital assets of such fund shall be exempt
from payment of tax,
(2) Any sum paid by an employer as contribution towards an approved Superannuation fund or
Pension Fund shall be deducted in computing his income. profits and gains for the purpose of
assessment:
Provided that where a contn·buh·o,r by an employer is not an ordinary annual
contnbutton it shall, for the purpose of this paragraph, be treated either as an expense in the
income year in which the sum is paid or as an expense to be spread over suchperiodof years as
the Board thinks proper.
(3) Tax shall not be payable in respect of any sum paid by an employee by way of contribution
towards an approved Superannuation fund or Pension Fund to which the provisions relating to
paragraph 6 of part B of the Sixth Schedule shall apply:
Prc»"idedthat no sr,ch exemption shall be allowable to an employu in respect of a11y sum
which is not an ordinary a1111ual contrtbutton.
6. T~arm,nt or r,paid contributions. -

(I) Where any contributions (including interost on contributions, if any) are repaid to an
employee in any income yoar, the amount so repaid shall be deemed for the pwposes of tax to be
income of the employee for that yoar.
(2) Whe, .. any contn"butions (including iote, .. st on contributions, if any) are repaid to an
employee during his life time but not at or in connection with the termination of his employment,
tax on the amount so r~aid Of' paid shall, except in the case of an employtt whose employment
was carried on abroad, be deducted by the trustees of the fund at the averag• rate of tax at which
the employee was liable to tax during the preceding three years or during such period, if less than
three years, as he was a member of the fund, and shall be paid by the trnstees to the credit of the
Government within the prescribed time and in such manner as the Board may direct.
7. Deduc.tion from pay of and eentrfbutiens on behalf of employee to be included in the statement
under seetion 108. -
Where an employer deducts from the salary paid to an employee or pays on his behalf any
contn"bution to an approved Superannuation fund or Pension Fund, he shall include all such
deductions or payments in the statement which he is required to fumish under section I 08.
218
8. Llabilitits of trustees on eessaticn of approval of fund. -

If a fund or a pan of a fund, for any reason, ceases to be an approved Superanooation fund or
Pension Fund, the trustees of the fund shall nevertheless remain liable to account for tax on any
sumpaid-
(a) on acconnt of returnedcontributions(including interest on contributions, if any); and
(b) in commutation or in lieu of annuities;
in so &r as lhe sum so paid is in respect of contributions made before lhe fund or part of
lhe fund ceased to be an approvedfund uoder lhe provisions of this Part.
9. Partirula.n to be furnished in respect of Superannuation fund or p~_.nsion Fund. -

The trustees of an approved Superannuation fund or Pension Fund and any employer who
conllibutes to an approved Superannuation fund or Pension Fund shall, when required by notice
from lhe Deputy Commissioner of Taxes, within twenty-one dayt of the date of such notice, -
(•) furnish to the Deputy Commi,.ioner of Taxes a return containing such particulars of
contn'b-utions made to the fund as the notice may require;
(b) prepare and deli,·er to the Deputy Commissioner of Taxes a return containing-
(i) the name and place of residence of every per,on in receipt of an annuity from the
fund;
(ii) the amount of the annuity payable to each annuitant;
(iu) particulars of every conhibution (including interest on contribution. if any) returned
to the employer or to employees; and
(iv) particulars of sums paid in commutation or in lieu of annuities; and
(c) furnish to the Deputy Commissioner of Taxes a copy of the accounts of the fund to the last
date prior to such notice to which such accounts have been made up~ together with such other
information and particularsas the Board may require.
219
THE FIRST SCHEDULE

PARTB
RECOGNISED PROVIDENT FUNDS
[See section 2(52))
I. Definition. -
For the purposes oflhis Part, -
(a) "acc,umulatedbalance due" to an employee means the balance to bis credit, or such portion
thereof as may be claimable by him under the regulations of the fund, on the day he ceases to be
an employee of the employer maintaining the fund;
(b) "annual accretion" to the balance to the credit of an employee means the increase to such
balance in any year, arising from contributions and interest;
(c) ''balance to the credit" of an employee means the total amount to the credit of his individual
account in a pro,~dent fund at any time;
(d) "contribution" means any sum credited by or on behalf of any employee out of his salary, or
by an employer out of his own money 10 the individual acconnt of an employee, but does not
i.oclude any sum credited u interest;
(e) "employee" means an employee part.icipating in a provident fund but does not include a
personal or domestic: servant;
(f) "employer"means-
'""'firm.
(i) a company, [local authority,] .... "', ... other association of persons, a Hindu
undivided family or an individual engaged in a business or professionthe profits and
gains whereof is assessableto tax under the head "Income frombusiness or profession",
maintaining a provident fund forthe benefit of his or its employees; or
(ii) any diplomatic, consular or trade mission or office of any intergoverumental
organisation located in Bangladesh, maintaining a provident fund for the benefit of
Bangladeshi employees of such mission or office;
(g) "recognized provident fund" means a provident fund which has been and continues to be
recognised by the Commissioner, in accordance with the previsions of this part;
(h) "regulations of a fund" means the special body of regulations govemingthe constitution and
administrationof a particular provident fund; and
(i) "salary" include• dearness allowance if the terms of employment so provides, but excludes all
other allowance and perquisites.
2. Accordingand withdrawal of rt.cognilion of prevident funds..

(I) The Commissioner shall. within forty five days from the dale of receipt of the application by
him for according recognition to any provident fund, accord such recognition, failing which Ibe
pro,,den1 fund shall be deemed to have been accorded recogoition, and the Commissioner may,
if, in his opinion, the provident fund conlravenes any of the conditions specified in paragraph 3
and the rules made by the Board in that behalf,withdrawsuch recognition at any lime.
(2) An order according recognition shall take effect on such daie as the Commissioner may fix in
accordance with any rules the Board may make in this behalf, such date not being later than the
last day of the financial year in which the order is made.
(3) An order according recognition to a provident fund shall not, unless the Commissioner
otherwise directs, be affected by the fact that the fund is subsequentlyamalgamatedwith another
provident fund on the occurrence of an amalgamationof the undertaking in connectionswith
which the two funds are maintained or that it subsequentlyabsorbs the whole or a part of another
provident fund belonging to an undertaking which is wholly or in part transferred to or merged in
the undertalcing of the employer maintainingthe first mentioned fund.
(4) An order withdrawing recognition shall take effect from the day on which it is made.
220
(5) The Commissioner shall neither refuse nor withdraw recognition of any provident fund,
unless the applicant is given a reasonable opportunity of being heard.
3. Conditions to be satisfied by a recognised provident fund. -

In order that a provident fund may receive and retain recognition, it shall satisfy the conditions set out
below and any other oonditions which the Board may prescribe-
(a) all employees shall be employed in Bangladesh or shall be employed by an employer whose
principal place of business is in Bangladesh:
P="ided that the Commissioner may, if he thinks fit and subjut to such conditions, if
any. ash• thinks propw to attach to the recognition, accord recognition to a fund maintained by
an •mplo)'U whos• principal plac• ofbusinsss is not in Bangladesh notwithstanding tliat a
proportion not acuding t•1r p•r cent of the employ•BSU er,rploy.d oul$id• BangladflSh;
(b) the contributions of an employee in any year shall be a definite proportion of bis salary for
that year, and shall be deducted by the employer from the employee's salary in that proportion at
each periodical payments of such salary in that year and credited to the employee's individual
8CCOUD1 in tbe fund~
(c) the contributions of an employer to the individual account of an employee in any year shall
not exettd the amount of the contributions of the employee in that year, and shall be credited to
the employee's individual account at intervals not exceeding one year:
PrtTVidedthat, subject to any rule, which the Board may make in this b•ha!f. th•
Commissionermay, in respectof an)'particularfund,relax th• provisions of this claus•-
(i) so as to permit the payment of larger contributions by an employer to the individual
accomus of employees whose salaries do not, in each case, exceed five hundred taka per
mensem; and
(ii) so as to permit the crediting by employers to the individual accounts of employees of
periodical bonuses or other contributions of a contingent nature, where the calculation
and payment of such bonuses or other contributions is provided for on definite principles
by tbe regulations of the fund;
(d) the fund shall consist of contributionsas above specified and of donations, if any, received by
the trustees, of accumulations thereof, and of interest, credited in respect of such contributions ,
donations and accumulations, and of securities purchased thercu.-ith and of any capital gains
arisiag from the sale, exchange or transfer of capital assets of the fund, and ofno other sums;
(e) the fund shall be v.. ted in two or more trustees or in the official trustee under a trust which
shall not be revocable save ,vith the consent of all the beneficiaries;
(f) the employer shall not be entitled to recover any sum whatsoever from the fund, save in ca,..
where the employee is dismissed for misconduct or voluntarily teaves his employment othen.vise
than on account of ill health or other unavoidable cause before the expiration of the term of
service specified in this bebalfin the regulations of the fund:
Prt»"id•d that in rnch cases th• recov•rles made by th• •mploy,r ,hall be llmit•d ta th•
contributions mad• by him to the individualaccount of thtt ttmploJV.tt,and to interest credited in
respect of such contributions and accumulations thereof, in accordanctt lt-ith th« regulotions of
lh•.fund;
(g) the accumulated balance due to an employee shall be payable on the day he ceases to be an
employee of the employer maintaining the fund;
(h) save as provided in clause (g), or in accordance with such conditions and restrictions as the
Board may prescribe, no portion of the balance to the credit of an employee shall be payable to
him.
221
4. Annual aeeretion dtHDed to be income received by the employee, -

The annual accretion in any year to the balance at the credit of an employee panicipating in a
recognised provident fond shall be deemed to have been received by him in that year and shall be
included in his total income for that year, and, subject to the exemptions specified in paragraph 5
shall be liable to tax.
[Pro,tded that, for the purpose of section 44(3), out of such annual accretion only the
employee's oi+-71 contributions shall be included in his total income] o...if¥F.A..JOJ7
S. Extmptionof annual accretion from tax. -

(1) An employee shall not be liable to pay tax on contribution to his indi\;dnal account in a
recognised provident fund, in so far as the aggregate of such contributions in any year does not
exceed one-third of bis salary for that year.
(2) Interest credited on the accwnulated balance of any employee in a recognised provident fund
shall be exempt from payment of tax, if and in so far as it does not exceed one-third of the salary
of the employee for the year concerned aud in so faras it allowed at a rate not exceeding such
rate as the Board may, by notification in the official Gazette, fix in this behalf.
6. E:s:tmprion of accumulaltd balance from tai:..

Where an employeeparticipating in a recognised provident fund has rendered c.ontinuous service
with bis employer for a period of not less than five years, and the accumulated balance due to
him becomes payable, such accwnulated balance shall be exempt &om payment of tu and shall
be excluded from the computation of his total income:
Provided lnat the Commisstoner may allow such exemption and exclusion where the
employee has rendered continuous service with the employerfor a period of less than jive years,
ifin his opinion, the service has been terminated by reason of the employee's ill health, or by the
contraction or discontinuance of the employer's business, or other cause beyond the control. of
the employee.
7. Tax on arcumulattd balance. -

Where exemption &om payment of tax is not allowed under paragraph 6, the Deputy
Commissioner of Taxes shall calculate the total of the varicus sums of tax which would have
been payable by the employee in respect of his total income foreach of the years concerned if the
fund had not been a recognised provident fund, and the amount by which such total exceeds the
total of all sums paid by or on behalf of such employee by way of tax for such years shall be
payable by the employee in addition to any tax for Which be may be liable for the income year in
which the accumulated balance due to him becomes payable.
8. Dtdutrion ar seeree of rax on accumulattd balauee due. -

The trustees or a recognised provident fund. or any etber person authorised by the regulations of
the fund to mm payment of accwnulated balance due to employees shall, •• the time an
accumulared balance doe to an employee is paid, deduct therefrom any tu payable under
paragraph 7 and any lax payable under paragraph 10(4), and the provisions of Chapter VII shall,
so far as may be, apply as if accumulated balance was income chargeable under the bead
"Salaries ",
9. Accounts of recognisedprovident funds.-

(I) The accounls of a recognised provident fund shall be maintained by the trustees of the fund
and shall be in such form and for such periods and shall conlllin snch particulars as the Board
may prescribe.
222
(2) The accounts shall be open to inspection at. all reasonable times by the income tax authorities,
and the trustees shall furnish to lhe Deputy Commissioner of Taxes such abstracts thereof as the
Board may prescribe.
10. Treatment of balance in newly recognised provident funds. -

(I) Where recognitionis accorded to a provident fund with existing balance, an account sball be
made of lbe fund up to lbe day immediately preceding the day on which the recognition takes
effect, showing the balance to the credit of each employee on sucb day, and containing such
further particulars as the Board may prescribe.
(2) The account shall also show in respect of the balance to the credit of each employee the
amount thereof which is to be transferred to that employee's account in the recognised provident
fund, and sucb amount (hereinafter called his transfC1nd balance) shall be shown as the balaoce
to his credit in the recognised provident fund on the date on which the recognition of the fund
cues effect, and sut,..paragtaph (4) and (5) shall apply thereto.
(3) A,iy portion of the balance to the credit of ao employee in the eiusling fund which is not
rnosferred to the recognised fund shall be excluded from the accounts of the recognised fund and
shall beliAble to tu in accordance with the provisions of this Ordinance other than this Part.
(4) Subjec, 10 such rules as the Board may mm in this behalf, the Deputy Commissioner of
Taxes shall make a calculation of the aggregate of all sums comprisNSin a transferred balance
which would have been liable to tax if this part had been in force, from the date of institution of
the fund, without regard to any tax which may have been paid on any such sum, and such
aggregate, if any, shall be deemed to be income received by the employee in the income year in
which the recognition of the fund takes effect, and shall be included in the employee's total
income for that income year, and for the purposes of assessment, the remainder of the transferr ed
balance shall be disregarded, but no other exemption or relief; by v.-ay of refund or otherwise,
shall be granted in respect of any sum comprised in such rnnsferred balance:
Provided that, in cases of serious accounting difficulty, the Commissioner shall have
power, subject to the said roles, to make a sunimary calculationof such aggregate.
(5) Notwithstandinganything contained in paragraph 3(h), an employee in order to enable him to
pay the amount of tax assessed on his total income as determined under sub-paragraph (4), shall
be entitled to -.ithdraw from the balance to his credit in the recognised provident fund a sum not
exceeding tbe difference between such amount and the amount to which he would have been
assessed if the transferred balance had not been included in his total income.
(6) Nothing in this paragraph shall affect the rights of the persons administering an unrecognised
pro"idenl fund or dealing with it, or with lhe balauce to the credit of any indi,idual employee,
before recognition is accorded, in any manner which may be lawful.
11. Trt-atmf'nt of fund rnnsff'rrf'dby employer to trustee .•

(I) Where an employer who maintains a provident fund (whether recognised or not) for the
benefit of his employees and has not transferred the fund or any portion of it, transfers such fund
or portion to trustees in trust for the employees participating in the fund, the amount so
transferredshall be deemed to be of lhe nature of capital expenditure.
(2) When an employee participating in such fund is paid the accumulated balance due to him
therefrom, any portion of such balance as represents his share in the amount so transferred to the
trustee (without addition of interest, and exclusive of the employee's contributions and interest
thereon) shall, if the employer has made effective arrangement to secure that tax sball be
deducted at source from the amount of sucb share when paid to the employee, be deemed to be
an expenditure by the employer within the meaning of section 29(1) (nvu), incurred in the
incomeyear in which the accumulated balance due to the employee is paid.
223
12. Provisions of this Part to prtvail against regulations of the fund. -

Where there is a repugnance between any regulation of a recognised provident fund and any
provisions of this Part or of the rules made thereunder, the regulation shall, to the extent of the
repugnance, be of no effect; and the Commissioner may at any time, require that such
repugnance shall be removed from the regulations of the fund.
13. Appeals. -
(I) An employer objecting to an order of the Commissioner refusing to recognise or an order
withdrawing recognition from a provident fund may prefer an appeal, within sixty days of the
date of such order, to the Board.
(2) The appeal shall be in such from and shall be verified in such manner u may be prescribed.
14. Provisions rtlating to rules ..

In addition to any power conferted by this Part, the Board may ma1ce rules-
(•) prescnl>ing the siatements and other iufo,mation to be submitted with an application for
recognition;
(b) limiting tbe contributions to a recognised provident fund by employees ofa company who are
shareholders in the company;
(c) providing for the assessment by way of penalty ofany considerati011 received by an employee
foran assignm.es:n of or crearion of a charge upon his beneficial intttest in a recognised provident
fund;
(d) detennining the extent to and the manner in which exemption from payment of tax may be
granted in respect of contributions and interest credited to the individo.al accounts of employees
in a provident fund from which recognition has been withdrawn;
(e) regulating the investment or deposit of the moneys of a recognised provident fund; and
(f) generally, to carry out the purposes of this Part, and to secure such further control over the
recognition of provident funds, and the administration of recognised provident fund, as it may
deem requisite.
15. Application of this Part. -

This Part shall not apply to any provident fund to which the Provident Fund Act, 1925 (XIX of
1925), applies.
224
THE FIRST SCHEDULE

PARTC
APPROVED GRATUITY FUND
[See section 2(5A))
I. Definitions. -
In this Part, unless the context otherwise requires, the expression "contribution", "employee",
"employer", "regulations ofa fund" and "salary" have, in relation to gratuity funds, the meaning
assigned to those expressions in paragraph 1 of Patt B in relation to provident funds.
2. Appronl of gratuity fnnds. -

(1) Tue Board shall, within (four months) s... '11· A 2007 from the date of receipt of the application
by it foraccordUJ! approval to any gratuity fund, accord such appro\"al, failing which the gratuity
fund shall be deemed to have been accorded approval, and the Board may, if, in its opinion, the
gratuity fund contn,-enes any of the conditions specified in paragraph 3 and the rules made by
the Board in that behalf, withdraw such recognition al any time.
(2) An order according or withdrawing approval shall take effect from such date as the Board
may communicate in writing 10 trustees of the fi.md ..
(3) Tue Board shall neither refuse nor withdraw approval to any gratuity fund unless it has given
the trustees of that fund a reasonable opportunity of being heard.
3. Conditions for approval -

In order that a gratuity fund may receive and retain approval, it shall satisfy the conditions
hereinafter specified and any other conditions which the Board may prescribe-
(•) the fund shall be a fund established under an irrevocable trust in connection with trade or
undertaking carried on in Bangladesh and not less than ninety per cent. of lhe employees of such
trade or underlal:ing shall be employed in Bangladesh;
(b) the fund shall have for its sole purpose the provision of a gratuity to employees in the trade or
undertaking on their retirement or after a specified age or on their becoming incapacitated prior
to such retirement, or on termination of their employment after a minimum period of service
specified in the regulations of the fund or to the widows, children or dependents of such
employee., on their death;
(c) the emplo)-e<in the trade or unde11aking shall be a contributerto the fund; and
(d) all benefits granted by the fund shall be payable only in Bangladesh.
4. Application for approval. -

(1) An application for approval of gratuity fund shall be made in writing by the trustees of the
fund 10 the Bond and shall be accompanied by a copy of the instrument under which the fund i.s
established and by rwo copies of the roles and, wbere the fund bas btt:o in existeeee durin_g any
year or years prior to the financial year in which the application for approval is made, also two
copies of the accounts of the fund relating to such prior year or yurs (nor being more than three
years immediately preceding the year in which the said application is made) for which such
accounts have been made up. The Board may require such further information to be supplied as it
tbin1cs proper.
(2) If any alteration in the regulations, constitution, objects or conditions of the fund is made at
any time after the date of the application for approval, the trustees of the fund shall forthwilh
communicate such alteration to the Deputy Commissioner of Taxes mentioned in sub-paragraph
(1), and in defanlt of such communication, any approval given sbaJ1, unless the Board otherwise
orders, be deemed to have been withdrawn from the date on which the alteration took effect.
225
5. Exemption of incom• of gratuity fund from tax. -

Income dem·ed from investments or deposits of an approved gratuity fund and aoy capital gains
arising from the transferof capital assets of such fund shall be exempt from paymeot of tax.
6. Treatment of contribution by employer. -

Any sum paid by an employer as contribution towards an approved gratuity fund shall be
deducted in computing his income, profits and gains for the pwposes of assessment.
ons by t-m.ployer, when deemed to be his income. -

7. Contributi
Where any contributions by an employer (including the interest tbereon, if any) are repaid to the
employer, the amount so repaid shall be deemed for the purposes of tax to be the income of the
employer for the income year in which they are so repaid ..
8. Putkula.rs to be furnished in respect of ,ratuity funds. -

The trustees of 1n approved g,atuity fllnd and any employer whe contnoutes to an approved
gratuity fund shall, when required by notice from the Deputy Commissioner of taxes, furnish,
within such period as may be specified in the notice, such return, staiement, particulars or
information as the Deputy Commissioner of Taxes may require.
9. Provisions of this Part to prevail against regulationsof the fund. -

Where there is a repugnance between any regulation of an approved gratuity fund and any
provision of this Part or of the rules made there under, the said regulation shall, to the extent of
repugnance, be of no effect, and the Board may, at any time, require that such repugnance shall
be removed from the regulations of the fund.
10. Provisions relating to rules. -

In addition to any power conferred in this Part, the Board may make rules-
(a) prescribing the statements and other informationto be submitted along with an application for
approval;
(b) limiting the ordinary, annual, and other contributionsof an employer to the fund;
(c) regulating the investment or deposit of the money ofan appro,·edgratuity fund;
(d) providing for withdrawal of the apprnval in the case of a fund which ceases to satisfy the
requirements of this Part, or the rules made thereunder; and
(e) generally, to carry out the pwposes of this Part and to secure such further control over the
approval of gratuity funds and the administration of g,atuity funds, u it may deem requisite.
226
THE SECOND SCHEDULE

RATES OF INCOME TAX IN CERTAIN SPECIAL CASES
[See section 16(3))
[l. Where a person, not being a company, is a non-resident in Bangladesh, [except a Bangladeshi non-
resident),,...,.'··'- um tax shall be payable by him or on his behalf, on his total income, at the maximum
rate.] Om:...al,yf.A. ~
2. Where the total income of an assessee includes any income chargeable under the head "Capital gains"
(he,.einaf\er referred to as the "said income"), the tax payable by him on his total income shall be-
(a) in the case of a cornpany-
(i) tax payable on the total income as reduced by the said income had such reduced
income been the total income; plus
(ii) tax at the rate of fifteen per cent on the whole amount of the said income;
(b) in the case of a person other than a company-
(i) where the said income arises •• a result of daposal by the ...., ... of bis capital
assets after nol more than five years from the dale of the-ir acquisition by him, tnx
payable on lht total income including the said income.; and
(ii) where the said income arises as a result of disposal by the assessee of his capital
assets after five years from the date of their acquisition by him, tu payable on the capital
gains at the rate applicable to his total income including the said capital gains, or tax at
the rate of fifteen per cent on the amount. of the capital gains whichever is the lower.
3. Where the total income of an assessee includes any income from "wi.noin~" referred to in section
19(13) chargeable under the bead "Income from other sources" (hereinafter referred to as the "said
income"), the tax payable by him on the said income shall be at the rate [of twenty percent] s..,,.,.,_...,°"
[4. Where the total income of an assessee includes auy income by way of "di\"ideud"' referred to in
clause (26)ofsection 2. the tax payable on such dividend income shall be-
(a) in the case of a company, 20% (twenty percent); and
(b) in the case of a person other than a company, therate applicable on the total income of such
person. I "'.,.
rA ,on
227
THE TlllRD SCHEDULE

(COl\lPUTATION OF DEPRECIATION ASSOWANCE A.l'<DA.\IORTIZATI01"1""-'1'-A.1t13
[See section 27 and 29)
1. Deprtt:iationallowance on assets used for agriculturalpurposes. -
For the purpose of section 27(1 Xf), depreciation allowance at the rates specified in 1he Table
below sball be made in respect of depreciation of any irrigation or protective work or other
capital assets:
TABLE
Ratt/p<tttntage of tla•
SI. C1usific2tion of irrigation or 1'Titte·n down valat,
Rtmarks
No. protttth·t work or othtr capital assets. except as otbtrwiw
iad.icated
I 2 3 4
I. Pace.a bui(A;n•• 10
2. Kutcha and pua:a buildings JS
3. KutchaJ!!!ildi.nH 20
4. Temporary structure . .. No rate is
specifies; recewaj
will be allowed as
revenue
exnenditure.
5. Pueea walls 5
6. Feaciaz of substantialmaterial JO
7. Tube-well 15
8. Tanks JO
9. .Pucca irrigation channel 15
10. Kutcha imaationchannel 20
11. Kutcha imaationwells 33113
12. Pncca irrigation wells 5
13. Bullock drawn iron imnlements 15
14. Bullock drawn wooden or leather implements 25
and other small handl;=lemeuts.
15. Weimi.n2 machine JO
16. Tracton and oil eazines and thin implements. 15
17. Power ownoi.ng machinery 20
18. Fecrcry made cart of iron materi.aJ with rubber IS
19.
tyre
Country Cart ,- 20 -
20.
21.
Steam engine
Worbhop tools
JO
JS -
22. General (machinery, implements, plants and
other assets) not -ovided for above soeciallv.
10
i
2. Allowanet for dtprtciarion. -
(I) In computing profits and gains from business or profession, an allowance for depreciation
shall be made in the manner hereinafter provided in respect of any building, machinery, plant or
furniture owned by an assessee [ or bridge or road or fly over of a physical infrastructure
undertaking) "'-" '-'- 2010 and used for the purposes of business or profession carried on by him.
(2) Where any such building, machinery, plant. or furniture [or bridge or road or fly over of a
physical infrutrocture undertaking is not wholly used for the purposes of the business or
profession, the allowance under sub-paragraph (I) shall be restricted to the fair proportional part
of the amount which would be admissible if such building, machinery, plant or furniture were
whollyso used.
(3) No allowance under this paragraph shall be made unless-
228
(a) at the time of filing a return of total income such particulars as mllY be prescribed and
such ftuther information or documents as the Deputy Commissioner of Taxes may
require, are furnished; and
(b) such building, machinery, plant or fumitnre [or bridge or road or fly over of a
physical infrastructure undertaking) '.A. '0" has been so used during income year.
3. Normal depreciationallowance.-
(I) The allowance for normal depreciation uuder paragraph 2 shall be computed at the rates
spec:iiied in the table below:
TABLE
Rattlprr<tD.tag• of th•
SL 1'Tittt·Ddo1r11 ,-alut,
Cl&$.S of assets. Rrmarks
No. tXC'tpt a.s
otb.ef"WU,
mdicatNI
2 3 4
I. ((1) Buildings (general) 5
(2) Factory buildings 101-"''.A.l!Oll
2. Fwuitnre and fittings 10
Office equipment 10) .... .,,r.A.
[2A.
3. Machinery and plant:
"'"
_ __,(.1) General rate 20
(2) Special rates-
---~ Ships:
____ ,(i} Orean-g~ingshi~ (n~'----1-- 12
(u) Ocean-going ships (second hand), I The allowance
age at the time of purchase- is to be
calculated on
the
ori . cost.
_ _, (~a~)
~'ess~than!Q_years 12
<!!) IO years or more 24
(iii) Inland ships including steamj= 24
motor vessels, sails, tug-boats iron or
steel flats for cargo, wooden cargo-boats,
motor launches and speed boats.
(b) (i) Batteries, X-Ray and 20
electrotherapeutic apparatus and
accessories thereto;
(ii) Machinery used in the production and 20
exhibition of cinema graphic films;
(iii) motor vehicles all sorts not plying for 20
hire;
(i") motor vehicles all sorts plying for hire 24
_ __,_ [(.v)computer and computer equipments 30) t.. .,,, __._ _
_ _,_ ((\Ii) Bangladeshi made computer software .;-~5~0~ .,..,,,_._ _
___ ,(l"!i) imported computer software J OJ......,., ..._ ,.t_'--1---
-----'(c;) (t) professional and reference books 30
(u) Aiscraft, aeroengines and aerial 30
photographic apparatus
(w) Moulds used in the manufacture of 30
ajass or plastic goods or concrete pi""--+--------1------l
(d) Mineral oil concerns-
._ (i} Below g[_Ound installations -.;---~'00~--->-- ----<
(u) Above ground installations, that is to 30
~-~--=sa~bleboilers, dril~Js, wel,,_J. _
229
_____ h_ea_d_t_a_nks
and ri~gs_.
__
--~(~)P.hysical infrastructure-
(i) Bridge 2
(ii) Road 2
(w) Fly over 2
(iv) Pavemeotrunway, taxiway 2.5
(v) Apron, tannac 2.5
(vi) Boarding bridge 10
(vu) Communication, Navigation aid
and other equipments
(2) The Board may, from time to time, by notification in the official Gazette, make any
amendment in the Table referred to in sub-paragraph (1)
(3) No"";thstanding anything contained in sub-paragraph (1), for pon,graph 4] in the case of any
assessee or any class of assessees, or any asset or class of assets, the Board may, by notification
in the official Gazette, direct that depreciation allowance shall be a allowance at such rate or n1tes
aud in sucJ, mamier as may be specified.
(4) No allowance under this paragraph shall be made (to a lessor]"'""'-"-,.,, on such machinery,
plant, vehicle or furniture given to any Ieasee on financial lease.
4. (Ertra dtprttiation allowanct-

(1) In the case of machinery and plant to which the general rate apptitt, an extra depreciation
allowance, equal to fifty per cent of the normal depreciation allowance computedvunder
paragraph 3(1) shall be allowance on account of double shift wod:ing and one hundred per cent
of such allowance on account of triple shift working:
Provided that the assessee claims such allowance and satisfies the Deputy Commissionerof
Taxes that the concern has actually worked double or triple shifts.
(2) The extra depreciation allowance under sub- paragraph (1) shall be proportionateto the
number of days during which the double or triple shifts are ,.·orted;and for the purpose of
computing this allowance, the normal number of working days throughout the year shall be
taken as three hundred.
(3) The pro,;.ion of paragraph 2(2) and (3) sball, so far as may be. apply to this paragraph as
they apply to the .aid paragraph] O•"'"br'.A.1998
5. Dtprt<"iation not to be allowed in cases where the cost of renewal or ttplactmtnt is allowed. -
Notwithstanding anything contained in this Ordinance, no allowance under pon,graph 2 [or 4)
°"""'"1 •-'- '"' shill be made in the case of any asset falling under the description "Machinery and
Plant" the normal useful life of which does not exceed one year, but the cost of renewal or
replacement the<eof shall be allowed as a revenue expenditure.
[SA. Initial dtpNciarion allowantt. -

(I) Where any building has been newly constructed or any machinery or plant has been installed
in Bangladesh after the thirtieth day of June, 2002, an amount by way of initial depreciation
allowance in respect of the year of construction or installation or tbe year in which such building.
machinery or plant is used by the assessee for the first time for the purpose of his business or
profession or the year in which commercial production is commenced, whichever is the later,
shall be allowed at the following rates, namely:-
(a) in the case of building ten per cent of the cost thereof to the assessee;
(b) in the case of machinery or plant other twenty-five per cent of the cost thereof to the
than ships or motor vehicles not plying for assessee;
hire
230
(2) Nothing cootained in sub-paragraph (I) shall apply in the case of-
(a) any motor vehicle not plying for hire, and
(b) any machinery or plant which has previouslybeen used in Bangladesh.
(3) The provisions of paragraph 2 and 3 shall, so far as may be, apply to this paragraph as they
apply to the said paragraph.) ..._.,. r. ,.. 2002
[6. Initial depreciation allowance. -

(I) Where any building has been newly erected or any machine,y or plant has been installed in
Bangladesh after the thirtieth day of 1uue, 1982, an amount by way of initi.al depreciation
allowance in respect of the year of erection or installationor the year in "·hic.h such building,
machinery or plant is used by the assessee for the first time for the pwpose of his business or
profession or the year in which commercial production is commcoc:ed. whichever is the later,
shall be allowed 11 the following rates, namely:--
(a) in the case of building ten per cent of the cost thereof to the
asses.see;
(b) in the case of machinery or plant other than twenty-6'-e per cent of the cost thereof to
ships or motor vehicles not plying for hire rbe assessee;
(c) in the case of ships whose port of registry is in thiny per cent of the cost thereof to the
Bangladesh assessee;
(2) Nothing contained in sub-paragraph(I) shall apply in the case of -

(a) any motor vehicle not plying for hire, and
(b) my machinery or plant which has previouslybeen used in Bangladesh.
(3) The provision of paragraph (2) and (3) shall, so far as may be, apply to this paragraph as they
apply to the said paragraph)Omlmdbyf .•U9"
7. Accelerated depreciation allowance on machinery and plant. -

(I) In the case of any machinery or plant (other than office appliances and road transport
vehicles) which, not having been previously used in Bangladesh, has been or is used in an
industrial undertaking set up in Bangladesh between the first day of 1uly, 1977 and the thirtieth
day of lune, (2012) .......,. t. A. 2010(both days inclusive), an amount by way of accelerated
depreciation allowance shall, subject to the conditions set out in sub-paragn,ph (2), be allowed
and computed u follows,namely: -
(1) for the first year in which the undet1aking sta11s fifty per cent of the actual cost of
commercial production plant and machinery to the assessee
(b) for the next follo";ngsecond year thit1y per cent of the actual cost of
plant and machinery to the assessee
(c) for the next following third year twenty per cent of the actual cost of
pl.ant andmac:hinery to rhe assessee;
(2) The industrial undertalcing referred to in sub-paragraph (!) shall fulfil the following
conditions, n.ame.ly: -
(a) that the industrial undertaking is owned and managed by a Bangladeshi company, or
a body corporate formed in pursuance of an Act of Parliament, having its registered
office in Bangladesh;
(b) Iha! it belongs to such class of industries as the Board may, by notification in the
official Gazette, specify in this behalf;
(c) that the particulars required for the purpose of entitlement to, or claiming accelerated
depreciation allowance under this paragraph have been fumished; and
231
(cl) that the application in the prescribed form for accelerated depreciation allowance
under this paragraph, as verified in the prescribed manner, is made to the Board within
six moaths from the end of the month of commencement of commercial production; and
the application is accompanied by a declaration in writing that the undertaking bas not
been approved for, and that no application in respect of the undertiling has been made
or shall be made to the Board for approval of, exemption from payment of tax under
sectioa 45 or46A or46B of this Ordinance for any period.
(3) The machinery or plant on which accelerated depreciation bas been allowed under this
paragraph shall not be entitled to any other depreciation allowance under this Ordinance or the
Income-tax Act, 1922 (X] of 1922).
[7A. Accelerated drprttiatioo allowance on machine1·y and plant. -

(I) In the case of machinery or plant (other than offioe applianoes and road traD.Sport vehicles)
which not ba,,ing been previously used in Bangladesh, bas been or is used-
(s) in the expansion unit set-up between the first day of July, 1995 and the thirtieth day of
June, 2005 (both days inclusive) in any existing uudettiling enjoying exemption from tax
under section 46A; or
(b) between the first day of July, 1995 and the thirtieth day of June, 2005 (both days
inclusive) in the treatment and disposal of toxic and environmentally h.azardou.s wastes or in
tM coUectioa or processing of bio-degradable wastes or in the research and development in
any industrial undertaking owned and managed by a company as defined in clause (20) of
section 2, an amount by way of accelerated depreciation allowance shall, subject to the
conditions set out in sob-paragraph (2), be allowed and computed as follows, namely:-
(i) for the rust year in which the expansion unit . . . 80 per cent. of the actual cost of the
starts commercial production or operation or, as the machinery or plant to the assessee;
case may be, the undertaking starts operation,
(ii) forthe next followingyear . . . 20 per cent. of the actual cost of the
machinery or plant to the assessee.
Explanation. - For the purposes of this paragraph, "expansion unit" means the expansion of
an existing undertaking if such expansion constitutes-
(•) an identifiable unit for production or operation of similar or other goods or class of
goods or services;
(b) a oimilar unit carrying on an identifiable induslriu process, but does not include an
undertaking which is formed by splitting up or recoUSlruetion of an existing business or
by traD.Sfer of machinery or plant of an existing business in Bangladesh to a new
business.
(2) The undertaking referred to in clause (a) or (b) of sub-paragraph (I) shall fulfill the following
ccnditiees, namely..
(a) that tht application in the prescribed form for accelerated depreciation allowance
under this paragraph, as verified in the prescribed manner, is submitted to the Board
within six months from the end of the month of commencemenr of commercial
production or operation; and
(b) that the particulars required for the purpose of entitlement to, or claiming accelerated
depreciation allowance under this paragraph have been fwnished.
(3) The Board shall give its decision on an application under sob-paragraph (2) (a) within three
months from the date of receipt of the application by the Board, failing which accelerated
depreciation shall be deemed to have been allowed by the Boa.rd for the purposes of this
paragraph.
(4) The machinery or plant on which accelerated depreciation is allowed under this paragraph
shall not be entitled to any other depreciation allowanoe under this Ordinance.
232
(5) The Board may, on an application by any person aggrieved by any decision or order passed
under sub-paragraph (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.J """'r. '- "''
[7B. Accelerated depreciation allowance on machinery and plant. -

(I) In the case of any machinery or plant (other than office appliances and road transport
vehicles) which, not having been previously used in Baogladesh, has been or is used in an
industrial undertaking as referred to in section 468 of the Ordinance and set up in Baogladesh
between the first day of July, 2014 and the thirtieth day of June, 2019 (both days inclusive), an
amount by way of accelerated depreciation allowance shall, subject to the conditions set out in
sub-pullgnpb (2), be allowed and computed as follows, namely :-
(a) for the lint year in which the undertalcing starts fifty per cent of the actual cost of plant and
commercial production machinery to the assessee
(b) for the second year thirty per cent of the actual cost of plant and
machinery to the asses.stt
(c) for the third year twenty per cent of the acrual cost of plant
aud machinery to th,, .........
(2) The industrial undertaking referred to in sub-paragnph (!) shall fulfill the following
conditions, n.ame.ly: -
(a) that the industrial undertaking is owned and managed by a Bangladeshi company, or
a body corporate formed in pursuance of an Act of Parliament, having its registered
office in Bangladesh;
(b) that it belongs to the industrial undertaking as specified in sub-section (2) of section
468;
(c) that the particulars required for the purpose of entitlement to, or claiming accelerated
depreciation allowance under this paragraph have been fumished; and
(d) that the application in the prescribed form for accelerated depreciation allowance
under this paragraph, as verified in the prescribed manner, is made to the Board within
six months from the end of the month of commencement of commercial prodnction; aud
the application is accompanied by a declaration in writing that the undertaking has not
been approved for, and that no application in respect of the undertaking has been made
or shall be made to the Board for approval of, exemption from payment of lax ,mder
section 468 or 46C of this Ordinance for any period,
(3) The machinery or plant on which accelerated depreciation has been allowed under Ibis
paragraph shall not be entitled to any other dep1·eciatioo allowance under this Ordinance.) '"'· "7 'A.
?014
8. Sprc:ial dtprttiarion allowance on ships. -

(I) in the case of-
(a) a ship, being a passenger vessel, plying ordinarily on inland waters, or a fishing trawler
registered in Bangladesh, which has been or is brought into use in Bangladesh, for the first
time on any day between the !st day of July, 1982 and the thirtieth day of June, 1995 (both
days inclnsive), and is the property of the assessee, or
(b) a ship registered in Bangladesh, not being a ship ordinarily plying on inland waters,
which has been or is brought into use in Baogladesh for the first time on any day between
the !st day of July, 1982 and the thirtieth day of June, 1995 (both days inclusive), and is the
pioperty of the assessee, an amount by way of special depreciation allowance shall, subject
to the conditions set out in sub-paragraph (2), be allowed and computed as follows,
namely:-
233
(i) for the first year 40 per ceot of the original cost;
(it) forthe second year 30 per ceot of the original cost;
(iii) fa,the third year 30 per ceot of the original cost.
(2) For the purposes of special depreciation allowance under sub-paragraph (I), the following
conditions shall be fulfiJ!ed, namely: -
(a) that the ship conforms to such specifications as the Govemmeot may, by notification in
the official Gazette, specify in this behalf, and
(b) that the particulars required for the purpose of entitlement to, or claitning special
depreciation allowance under this paragraph have been furnished.
(3) Any ship including a passenger vessel or a fishing trawler on which special depreciation has
been &llowed under this paragraph shall not be entitled to any other depreciation allowance under
this Ordinance or the lncome,tax Act, 1922 (XI of 1922).
9. Limitation i.n respect of a.Uowa.nce for depreetatieu .•

(I) The aggrepte of lhe allowances for depreciation allowed under this Ordinance or the
Income-tax Act, 1922 (XI of 1922), in respect of any asset, sh.Ill not exceed the original cost of
lheass~.
(2) Where full dfect cannot be giveo to depreciation allowances under this Sch-le in the year
in which it is admissible, there being no income chargeable for that year or such income being
less than the allowance admissible, then, subject first to carrying forward of the loss, if any,
under section 38, the allowances or the part thereof to which effect has not been given shall be
added to the amount of the allowance for the following year or, ifno allowance is admissible for
snch following year, shall be deemed to be allowance admissible for such year and so on for
succ.eeding years till such time as the entire allowance on this account is adjusted against the
profits.
10. Disposal of assets and treatment of gains or losses thereof, -

Where in any income year any asset representing any building, machinery or plant is disposed of
by an assessee-
(a) no allowance for depreciation 1111der paragraph 3, 4, 6, 7, or 8 sb.111 be allowed in respect
thereof in that year;
(b) where lhe sale-proceed exceed the written down value of such asset, so mnch of the
excess as does 1101 exceed the difference between the original cost and tbe wriueo down
value, sb.111 be deemed to be income of the assessee of that income year chargeable under the
bead "'Income from business or profession";
(e) where the sales-proceeds are less than the written do,.,, ~-.Jue of snch asset, the deficit
sh.Ill be deemed to be an expenditure, deductible from the profits and gains of business or
profession of that year,
and tbe bus.lllHS or profession in \Vhich such building. machinery or plant was used before its
disposal, shall be deemed to be carried on by the assessee during that year, and the provisions
of this Ordinance sh.Ill apply accordingly:
Provided that th• d1ftci1ncy is actually written off in th• books of accounts ofth• assesses.
[lOA. Amortization of license fees. -

(I) Where an assessee, being a resident company, paid any sum as (license fees before or after]
Ses,.>,y r. -'·'°"the first day of July, 2012 wholly and exclusivelyfor the purpose of obtaining a
permission from any authority authorised by the governmeot applicable for two or more years to
run a business, the assessee sball be allowed a deducation of an amount proportionate to such
years and such deduction shall continue till the last year of the period for which the license was
granted.
234
(2) For the pwpose of this paragraph, license fees means Spectrum Assig,unent fees [GSM
license fees, license acquisition fees or license renewal
fees] "'-"1'-'" ''"' paid by a cellular mobile phooe operator [or any otber licence fee, paid by any
oiher company engaged in providing specialized services, if such licence is integral to ihe
operatioo oflbe company]...,.,..,.,_.._'"'[:
[Provided that the amortization of fees shall be allowed from assessment year 2013-
20U.J"""'~F.A. ,OUJ!u.i,yf.A.2013
[lOB. Amortization of pre-commencement expenditure. -

The rate of amortiz.atioo of pre-commencement expenditure shall be 20"e (twenty percent)
°"'
following slnlghl !we method. J Ju >r P.A. 2
ll. Dtfinilions. -
For the pwposes of this Schedule, -
(I) "furniture" includes fittings;
(2) "plant" includes ships, vehicles, books, scientific apparalUS aod surzjcal equipment used for
the pwpose of business or proftssion;
[(2A) Pre-ccmmeceeeieet expenditure" means expendttur .. not cevered 10 paragraphs I to I OA
of thlS Schedule and incutted wholly and exclusively for semag up of ihe business prior to the
year of comm.ercul operation and inchldes expenditure for feasibility study, construction of
model and prototypes, and experimental Production.) w. bf'..A.,~
(3) "sale-proceeds" means-
(•) where the asset is actually sold, the sale prices !hereof or the fair market value,
wmche.·er is ihe higher;
(b) where ihe asset is transferred by way of exchange, the fair market value of the asset
acquired ihrough such transfer;
(c) wbere ihe asset is transferred otherwise than by sale or exchange, the consideration
for such transfer;
(d) where an asset is discarded, demolished, destroyed or lost, scrap value, or the amount
realised by the disposal thereof together with any insurance, compensation or salvage
money received or receivable in respect therefor;
(e) wbere the asset is compulsorily acquired under any law for ihe time being in force in
Bangladesh, the compensation paid thereof
(I) wbere the asset ceases to be used by the assessee for the puiposes of his business or
profession, the fair marlcet value thereof at the time of such cessation;
(g) wh..-e any machinery of plant, after having been used in Bangladesh in the execution
of any cootract or otherwise, is exported or transfe<red outside Bangladesh, the original
cost lhe<eof less the "normal depreciation" allowed under paragraph 3 of this Schedule;
or the depreciation allcwances allowed under sectioo 10(2) (vi) of the Income tax Act,
1922 (XI of 1922), except the further sum referred to therein;
and in each such case the asset shall for the purpose of paragraph 10, be deemed to have
been disposed ofby lhe assessee:
Provided that where tn« actual cost of a motor vehicle not plyingfor [hire is
subject to the ma.'Wllnm limit in accordance wilh clause (a) of sub-paragraph (6),J ""'·,..
F..A. lDJ?tlt.ssale-proceeds tnereof'shall be taken to be a sum which bears to the amountfor
which the said vehicle is sold, together with any insurance. salvage or compensation
money received or receivable, or as the case may be, scrap value in respect thereof, at
the same proportion as [the said maximum limit) s.bl. l,yF ..A. lO:t7 bears to the actual cost of
the said vehicle to the assessee, had the said sub,<.lausenot bun applicable to such
vehicle.
235
Explanation. -In the proviso, "sold" includes a transfer by way of exchange or

otherwise or a compulsory acquisition under any law forthe time being in force;
(4) "Ship" includes a steamer, motor vessel, sail, tug boat, iron or steel flat for cargo, wooden
cargoboat, motor launch and speed boat;
(5) "written down value" means-
(•) where the assets were acquired in the income year, the actual cost thereof to the
assessee;
(b) where the assets were acquired before the income year, the actual cost thereof to the
assessee as reduced by the aggregate of the allowauces for depreciation allowed under
this Ordinance, or the Income-tax Act, 1922 (XI of 1922), in respect of the assessments
forearlier year or years;
(6) For the purposes of clause (5),-
(a) in the cue of motor vehicles, being passenger vehicles or sedan cars, not plying for
hire. the actual cost 10 the assessee shall be deemed not to exceed [twenty five lakh
tab;] ...... '· .. "";
(Provld•d that nothing In this etaus« shall apply In th• cas• of allowing
dqree.fatfonof a bus or mtntbus transporting th, stud1nll and 1,ach,n of th, ass.ss,,
boing an •ducational tnstttutton or of th, 1mploy1asof th• bttrinass or professtonfor
which th, d1pr«iation is to b.r allowed; ~JS4b,P.A 1017
(b) in computing the actual cost of an asset, the amount of any grant, subsidy, rebate or
commission and the value of any assistance (not being in the nature of any loan
repayable with or without interest) received by an asse.ssee from Government or any
other authority or person, and any deduction or allowance admissible under this
Ordinance or lhe Income tax Act, 1922 (XI of 1922), shall be excluded;
(c) where, before the date of acquisition by the assessee, any such asset bad at any time
been used by any person for the purposes of his business or profession, the actual cost to
the assessee sbaJI, except in any case where sub-clause (ti) applies, be deemed not to
exceed lhe fair market value thereof;
(ti) where any assessee has succeeded another person in business or profession by
iaheritance, or where the provisions of section 88 apply, the written dcwn value of an
asset shall be computed as if no succession had lalcen place;
(e) where an assessee has acquired any plant or machinery (hereinafter referred to as
"asset") from a country outside Banglade•h for installation in Bangladesh for lhe
pwposes of his business or profession and, in consequence of a change in the rate of
exchange at any time after the ncquisition of such asset aod before full and final payment
of any foreign loan, there is an increase or reduction in the liability of the assessee as
expressed in Bangladesh currency for making payment towards the wbole or a part of the
money borrowed by him from any person, directly or indirectly, in any foreign currency
specifically for the purposes of acquiring the asset (being in either case, the liability
existing immediately before the date on which change in the rate of exchange takes
effect), the amount by which the liability aforesaid is so increased or reduced during the
income year sbal1 be added to, or as the case may be, deducted from lhe actual cost of the
assets, and the amount arrived at after such addition or deduction shall be taken to be the
actual cost of the asset;
(f) where the whole or any part of the liability aforesaid is met, not by the assessee, but,
directly or indirectly, by any other person or authority, the liability so met shall not be
taken into account for the purposes of clause (e); and
(g) where the assessee has entered into a contract with an authorised dealer for providing
him with a specified sum in a foreigncurrency on or after a stipulated future date at the
rate of exchange specified in the contract to enable him to meet the whole or any part of
236
the liability aforesaid,the amount, if any, to be added to, or deducted from the actual cost
of the asset or the amount of expenditure of a capital nature er, as the case may be, the
cost of acquisition of the capital asset uuder this sub-clause shall, in respect of so much
of the sum specified in the contract as is available for discbarging the liability aforesaid,
be computed with reference to the rate of exchange specified therein.
Expianation. - For the purposes of this clause-
(•) "rate of exchange" means the rate of exchange determined or recognised by
the Government for the conversion of Bangladeshcw:rency into foreign currency
or foreign currency into Bangladesh currency; and
(b) "authorised dealer", "foreign currency" and ''Bangladesh currency" have the
same meaning as in the Foreign Exchange Regulation Act. 1947 (VIl of 1947).
237
THE FOURTH SCHEDULE

COMPUTATION OF THE PROFITS AND GAINS OF INSURAJ."lCE BUSINESS
[See section 28(2)(a)J
I. Profits of life insurance to be computed separately. -
In the case of any person who carries on, or at any time in the income year carried on, life
i.osurance business, the profits and gains of such person from that business shall be computed
separately from his income, profits or gains from any other business.
2. Computationof profits and gains of life insurance business. -

The profils and gains of life insurance business, ether than pension and annuity business, shall be
taken to be either-
(a} the gross external incoming.s of the income year from that busUJe$$ less the management
expenses of that year, or
(b) the annw avenge of the surplus arrived at by adjusting the surplns or deficit disclosed by the
actuarial ,-aluation made for the last inter-valuation period ending before the )"Hr for whicb the
assessment is to be made. so as to exclude. from it any surplus or deficit included thettio ,vb.ich
was made in any earlier inrer-valuatiou period and any expfflditure other th.an expendirure ,vb.ich
may. u.odtt the provisions of section 29 of this Ordinance. be allO\\'ed for. in computing the
profits and gains of a busineu, whicheveris the greater:
Provid.J that th• amount to b• allowed as management ap•nsas shall not tacesd-
(•) 7.5 per cent. of the premiums received during the income year in respect of single premium
life insurance policies, plus
(b) in respect of the fmt year's premiums received in respect of other life insurance policies for
which the number of annual premiums payable is less than twelve, or for the number of years
during which premiums are payable is less than twelve, for each sncb premium or each such
year, 7.5 per cent. of such first year's premium or premium received during the income year, plus
(c) 90 per cent of the first year's premium received during the income year in respect of all other
life insurance policies, plus
(d) 12 per cent. of all renewal premiums received during the income year.
3. Computationof profits and gains of pension and annuity business. -

The profits and gains of pension and annuity business shall be taken to be the annual average of
the surplus computed in lhe manner laid in paragraph 2(b).
4. Deductions. -
In computin& the surplus, •
(a) under paragtaph 2(b), for the purpose of life insurance business, three-fourths of the amounts
paid to or reserved for or expended on behalf of policy-holders, shall be allowed as a deduction,
and under paragraph 3, the amounts paid to or reserved for or expended on behalf of the
members of an approved superannuatio n fund shall be allowed as a deduction:
Provided that in th• first such computation made undar this paragraph of any such
surplus, no account shall be taken of a11y such amounts lo th• at1nt to which thay ara paid out of
or in respect of any surplus broughtforward from a previous inter-valuation period:
Providedfarther that if any amount so reservedfor policy-holdersor members of an
approved superannuation fund, as the case n1ay be, ceases to be so reserved, and is not paid to
or expended on behalf of policy-holdersor members of an approvedsuperannuation fund, as the
case may be, one-halfor three-fourths of such amount or the entire amount. as the case may be,
ifit has been previously allowed as a deduction, shall be treatedas part of the surplus for the
period in which the said amount ceased to be so reserved;
238
(b) any amount either written off or reserved in the accounts or through the actuarial valuation
balance-sheet to meet depreciation of or loss on the realisationor securities or other assets. shall
be allowed as a deduction and any sums taken credit for in the accounts or actuarial valuation
balance-sheet on account of appreciation of or gains on the realisation of the securities or other
assets shall be included in the swplus:
Provided that if, upon investigation, it appears to the Deputy Commissioner of Taxes
after consultatton witli the Controller of Insurance that having due regard to Oie necessity for
making rBa.Sonable provision for bonuses to participating policy-holders and for contingencies,
the rate of interest or other factor employed in determining the b'abilily in respect of outstanding
policy is materially inconsistent with the valuah·on of the securities and other assets so as
artificially to nduce the surplus. such adjustme,,t shall b• mad• to th• allowance for
d6J]r.cfation of or to th• amount to b• inclnded in th• surplus in respea of appr.ciatio,r of. sucli
s,curftf,. ond oth1r ass,ts as shall tncreas« th• surplus for tho purpos,. of th,so paragraphs to a
Jigur• which ls fair and just;
[(c) in1eres1 received in respect of any sec mi ties of the Govemmenl which have been issued with
!he cooditioo tbal inlerest lheteoo sbaU not be liable to tax sbaU be excluded.)""'.,'·•·'"'
S. Adjusrment of ta::r: paid by deduction at source ..

Where for any yur an assessment of the profits and gains of life insurance business is made in
accordance with the annual average of a surplus disclosed by a valuation for an inter-valuation
period exceeding twelve months, then, in computing the tax payable for that year, credit shaU not
be given in accordance with section 62 for the tax paid in the income year. but credit shall be
given for the a.mmal avenge of the tax paid by deduc.tion at source from iaterest on securities or
otherwise during such period.
6. Computationof profits and gains of other insurance business ..

(!) Toe profits and gains of any business of insuranceother than life insurance shaU be takeo to
be the balance of the profits disclosed by the annual accounts, which are required to be prepared
complying the provisions of the ~ ~. ~~ (~o~ 'It-If~"'!(~ (Insurance Act, 2010 (Act
No. 13 of 2010)).... ..,. t. .uon, after adjusting such balance so as to exclude from it any
expenditure, other than expenditure which may under the provisions of section 29 of the Income
tax Ordinaru:e, 1984 be allowed for, iu computing the profits and gains of a business. Profits and
lesses ou the realisation of Investments, and depreciation and appreciation of the value of
investmenlS shall be dealt wilh as provided in paragraph 4 for the business of life insurance.
(2) Where a company sets aside • po11ion of its income, profilS and pins to meet exceptieaat
losses, so much of such portion as does not exceed ten per cent of the premium income of the
year in which it is set aside shall be deducted from lh~ balance of the profits referredto in sub-
paragraph(!).
(3) Toe amoun1 deducted under sub-paragraph(2) in any year, together with the amounts, if any,
deduc:ted or carried to a reserve in earlier years to meet exceptional losses (as reduced by the
amounts> if any> paid oot of such amounts or reserve to meet exceptional losses) shall not exceed
the premium income of that year or the average premium iacome of the three years immediately
preceding that year, whicheveris the higher.
(4) Norwifhstanding anything to the contrary contained in this Ordinance, wbere any amount is
paid, appropriatedor divertedout of, or from the amounts deducted under sub-paragraph(2) for
pwposes olber thao the meeting of au exceptional loss, such amoWJ! shall, together with the other
premium income, if any, of the company for the year in which such payment, appropriation or
diversion takes place, be deemed to be the premium income of the company for that year; and in
the eveat of the liquidation of the company or the discoatiauaace of the business to which this
239
pangraph applies, whiehever is the earlier, the aggregate of the amounts deducted under sub-
paragraph (2) (as reduced by the payments made out of such amounts to meet exceptionallosses)
shall, together wi1h the other income, if any, of the company for lhe year in wbich it goes into
liquidatioo or in which such business is discootinued, be deemed to be the income of the
company for lhat year.
Explanation: - For the purposes of this paragraph, "exceptional loss" means the amount
by which the aggregate loss in any year exceeds fifty per cent. of the premium income of that
year or fifty per cent. of the average premium income of the three years immediately preceding
lhat year, whichever is the higher. total world income of the company corresponding to the
proportion which ils premium income derived from Bangladesh bears to its total premium
income. For the purposes of this paragra ph, the total ,vorld income of life insurance companies
not resident in Bangladesh whose profits are periodically ucettained by actuarial valuation, shall
be computed in the manner laid down in these parapphs for the oornputation of the profits and
gains of life insurance business carried on in Bangladesh.
7. Profits ind gains of non-rWdtnt prnon. -

The profiis and gains of the branches in Bangladesh of ao insurance company not resident in
Bangladesh in the absence of more reliable data, may be deemed to be the proportion of the total
world income of the company corresponding to the proportion which its premium income
derived from Bangladesh bears to its total premium income. For the purpose of the paragraph, the
total world income of life insurance companies not resident in Bangladesh whose profits are
periodically ascenained by actual valuation shall be computedin the manner laid down in these
paragraphs for the computatioo of the profits and gains of the life insurance business carried on
in Bangladesh.
8. Mutual Insurance Associations. -

These paragraph apply to the assessment of the profits of any business of insurance carried on by
a mutual insun.nce association.
9. Definition. -
For the purposes of this Schedule. -
(a) "gross external incomings" means the full amount and incoming> from interest, dividends,
fines and fees and all other incomings from whatever source derived (except premium received
from policy.Jiolders and interest and dividends on any annuity fund) and includes also profits
from reversions and on the sale or the granting of annuities, but excludes profits on the
realisation of secwities or other assets:
PrtlVid.d that i•comfngs, i•cludf11g th• a••ual valu• af th• proporl)I occupf•d by the
assess... whkh but for the provisions of sub-section (2) of sulio• 28 would hav, b.,n
assessabt« undw section 24. shall ba computed upon th• basis laid down in ti,• last named
section, and rhat lh•r• shall be allowed from such gross incomingl such deductions as ant
permissible undw that section;
(b) "management expenses" means the full amount of expeases (including commissions)
incurred exclusively in the management of the business of life insurance, and in the case of a
company carrying on other classes of business as well as the business of life insurance in
additioo thereto, a fair proportion of the expenses incWTed in the general management of the
whole business. Boouses or other sums paid to or reserved oo behalf of policy-holders,
depreciation of, and losses on the realisation of securities or other assets and any expenditure
other than expenditure which may under the provisions of section 29 be allowed in computing
the profits and gains of a business are not management expenses for the purposes of this
Schedule;
240
(c) "life insUtllllce business" means life insurance business as defined in section (5(2) of~<!ll't-1.
't<>l>O ('t<>l>O 'lt'B )O 'It~) S.... by f. A.201';
(d) "securities"includes stocks and shares;

(e) "pension and annuity business" means any life insuraace business relating to a contract with
the trustees of an approved superannuationfund, where such contract is-
(i) eutered into only for the purposes of such fund, and
(ii) so framed that the liabilities undertaken there under by the person carrying on the
insurance business correspond with the liabilities against which the contract is intended
to secure such fund.
[Explmiation. - For tk• removal of doubt,, if is hereby d•clarlld tkat th• provisions of
section JO shall apply in allowing management ,apms.s or any oth.,- ap,t,sa under this
~hodul._J '-t,F.A.1011
241
THE FIF IH SCHEDULE

PART A
COMPUTATIONOF THE PROFITS OR GAINS FROM THE EXPLORATIONAND
PRODUCTIONOF PETROLEUMAND THE DETI:n·llNATIONOF THE TAX
THEREON
[See section 28 (2)(b)I
I. Profits from txplonotion and production of petroleum to be computed stpantely. -
Where any person carries on or is deemed under an agreement with the Government to be
canying on any business which consists of or includes exploration and production of petroleum,
the profits or gains of such person therefrom shall be computed separately from his income,
profits or gains from any other business.
2. Comput1tion of profits. -
Subject to the pro,isions of section 29, the profits and gains for the pwposes of paragraph I,
shall be computed after mal:iug the following additional allowances, namely: -
(a) where a person incurs any expenditure on searching for, or on disco.-ering and testing a
petroleum deposit or winning access thereto, but the search, exploration or enquiry upon which
the expenditure is incurred is given up before the commencement of comm.ttci.al production.
such expenditure allocable to a surrender area and to the drilling ofa dry bole shall be deemed to
be lost at the time of the surrender of the area or the completion of the dry bole, as the case may
be. A portion of such loss as provided for any agreement between any such person and the
Government shall be allowed in either of the following ways: -
(i) such portion of the said loss in any year shall be set off against income, profits or
gains from business or under any other head of income, other than income from
dividend, of that year. If the loss cannot be wholly set off in this manner, the portion not
so set off shall be carried forward to the following year and set off against such income,
profits or gains, for that year in the same manner, and if it cannot be wholly so set off;
the amount not so set off shall be carried forward to the following year and so on; but no
loss shall be so carried forward for more than six years;
(ii) such portion of the said loss in auy year shall be set off against income, profits or
gains of the same business of the income year in which commercial production
comm.e:nc::cs. If the loss ca.rmot be wholly set off a.gain.st the profit of the same business
for that year, the loss not so set off shall be ca,ried forward to the followingyear and set
off against the profits or gains, if any, of the assessee from the same business for that
year; and if it cannot be wholly so set off, the amount of loss not so set off shall be
carried forward to the fcllcwiag year, a.nd so on; but no loss shall be so carried forward
for m0tt lb.an ten years;
(b) after the commencement or commercial production, all expenditure prior thereto not deemed
to be lost under clause (a) and not represented by physical assers in use al the time the
c.ommercial production commenced, shall be allowed as deductions. The portion of such
deduction to be allowed in any year shall be such amount (not being greater than 10 per cent. of
the aggregate amount deductible) as may be selected by the assessee;
(c) expenditure incwred after the commencement of commercial production in connection with
production and exploration shall be allowed as a deduction:
Provided that such expenditure 011 asset with respect to which depreciation is allowable
shall not be deducted, and depreciation shall be allowable on such assets in accordance with the
provisions of the Third Schedule. Depreciation shall also be allowed in respect of the
expenditure reftUTed to in the preceding clause on physical as.sets acquired prior to ths date 011
242
which commucialproduction commenced, which wus in us• on that dat», as if tn« assets were
newly acquired at their origina! cost at the time of commencement of commercialproduction:
Provided farther that where any depreciation allowance has bun allowed before the
commencement of commercial production,the original cost as aforesaid shall be reduced by the
amountof such allowance;
(d) if; in any year, the deductions admissible under section 29 and the foregoing clauses (b) and
(c) of this paragraph, exceed the gross receipts from the sale of petroleum produced in
Bangladesh such excess shall be set off against other income, not being a dividend, and carried
fosward in tbe manner and subject to the limitations laid down in sections 37, 38 and 42.
3. Deplttion allowance. -
In det~ the profits or gains for any year ending afler the dale on which commercial
production commenced, ao additional allowance shall be made equal to IS per ceat, of the gross
receipts ~ the well-bead value of the production from the b11Siness or part of the
b11Siness to which the provisions of this Pait apply:
Pra.1d.d mat such allowanc• shall not ucHd on•-half of th• profits or gains as
comput,d ><1thour th• d•duction of such allowance.
4. Paymtnts to tht Govt-rnmtnt and taxes.•

(I) The sum of payments to the Government and taxes on incom• in respect of the profits or
gains derived from the business or part of the business to which the provisions of this Part apply,
for any year of assessment, shall be as provided for in the agreement with the assessee (subject to
the condition that it shall not be less than 50 per cent of profits or gains derived from the said
business or part of the business before deduction of payments to the Government and the
additional allowance referred to in paragraph 3]°""""''1'-'-1,..
(2) For tbe pwposes oft.bis paragraph, "payments to the Government"means amounts payable to
the Govemmeat or to any governmentalauthority in Bangladesh, -
[(a) in respect of royalties as specified in the Petroleum (production) Rules, 1949; and)
a...."'r A.. lJU
(b) in respect of any tax or levy imposed in Bangladesh particularly applicable to oil
production or to extractive industries, or any of them, and not generally imposed upon all
industrial and commercial activities.
5. Adjustmtnts or paymtots to the Go,·e1·nment and taxes. -

If in respect of any year, the aggtegate of the sum of payments to the Go,-.rnment and taxes on
income is greater or less than th• amount provided for in the agrttment referred to in paragraph
4(1 ), an additional iooorne lax shall be payable by the sssessee or an abatement of tax shall be
allowed to the assessee, as the case may be, so as to man the aggr•gate of the sum of paym•nts
to the Go\'etnmenr and taxes on income equal to the amount provided for in the agteeme:nt.
6. Carry forward of eseess paymtnU. -

If, in respect of any yeM, the payments to the Governmentexceed tbe amount provided for in the
agreement referred to in paragraph 4(1), so much of the excess as consist of any tax or levy
referred 10 in paragraph 4(2)(b) shall be carried forward and treated as payments to the
Government for the purposes of paragraph 4 and 5 for the succeeding yeu.
7. Sale price of oil. -

For the purposes of computing income under this Part, the "well-bead value" shall be adopted as
the sale price of the oil
243
8. Dtfinitions. -
For the purposes oflhis Pan, -
(a) "commercial production" means production as determined by the Government;
(b) "petroleum" bas the same meaning as assigned to it in Bangladesh Petroleum Act, 1974
(DUX of 1974), but does not include refined petroleum products;
(c) "surrender" means the tennination of right with respect to an area including the expiration of
rights according to the terms of an agreement;
(d) "swrendered area" means an area with respect to which the rights of a person have terminated
by surrender or by assignment or by termination of the business;
(e) "well-head value" has the meaning assigned to it in the agreement between the assessee and
the Government and, in the absence of its defmition in the agreemeat, the meaning assigned to it
in the Petroleum (Production) Rules, 1949.
244
THE FIF IH SCHEDULE

PARTB
CO~fl'UTATIONOF PROFITSAND GAINS FROM THE EXPLORATION AND
EXTRACTIONOF ~DNERAL DEPOSITS (OIHER THAN OIL AND OIL GAS) IN
BANGLADESH
[See section 28(2) (c)J
1. Profitsfrom t.xplorationand estraetien of mineral deposits to be computed Separately. -
Where any person carries on the business of the exploration or extraction of ntineral deposits of a
wasting uamre other than oil and oil gas iu Bangladesh, the profits and gains of such business,
shall be computed separately from his income, profits or gains from other business, if any, and
such business shall, for the purposes of these parag,aphs, be treated as a separate undertaking
(hereinafter referred to as such undertaking).
Z. Computation of profits. -
(I) Subject to the provisioo.s of this Part, the profits and gaio.s of such undutaking shall be
computed in accordance with the prcvisioas of section 29.
(2) All expeodirure on pro.specting and exploration incurred by such undertaking up to the stage
o.f commercial production sha.11. to the extent it cannot be: set off again.st a11y other income of the
said undenaking or any other income in accordance with section 37. be treated as a loss.
(3) The loss computed in the manner specified iu sub-parag,aph (2) shall be set off against the
income of such uodertaking after the commencementof commercial production so, however, that
if it cannot be wholly set off against the income, profits or gains of the said undertaking for the
income year in which the commercial production was commenced, the portion nor so set off shall
be carried forward to the following year, and so on; but no loss shall be carried forward for more
than ten years beginning with the year in which commercial production was commenced.
(4) Notwithsunding the provisions of paragraph 3 and 6 of the Third Schedule, after the
commencement of commercial production, depreciation allowance in respect of machinery and
plant purchased or acquired for extracting the ore shall be allowed as a deduction against profits
and gains of the year in which they are used for the first time in an amoum equal to the original
cost of such asset; where such allowance cannot be made in full in any year owing to there being
no profits or gains chargeable for that year or owing to the profits and gains so chargeable being
less than the allowance, the allowance or part of the allov.•ance to which effect has not been
given, as the case may be, shall be added to the amount of allowance for depreciation for the
following year and deemed to be part of that allowance or, if there is no allowance for that year,
be deaned to be allowance forthat year, audso on for succeedingyear:
Pruvld.d 1ha1 wh,re any loss has also to b• carried forward under sub-paragraph (3)
,JJ,ct shall be given to tha1 paragraph.
3. Dtpltrion allowantf'. ~
(I) In computing the profits and gains of such undertaking for any year, an additional allowance
(hereinafter referred to a.s the depletion allowance) shall be made equal to 15 per cent. of the total
income of such uodertaking (before the deduction of such allowance) or 50 per cent. of the
capital employed in such undertaking (such capital being computed in accordance with such
provisions as may be made by the Board for the purpose of this paragraph), whichever is the less.
(2) No deduction on account oftbe depletion allowance shall be allowed under sub-paragraph(1)
unless an amoum equal to the depletion allowance is debited to the profit and loss account of the
relevant income year and credited to a reserve account. to be utilised fur the development and
expansion of such undertaking.
245
(3) Where an allowance by way of depletion allowance has been made in any year and
subsequentlyit is utilised for a purpose not specified in sub-paragraph (2), the amount originally
allowed shall be deemed to have been wrongly allowed and the Deputy Commissioner of Taxes
may, notwilhslanding anything contained in this Ordinance, re compute the total income of the
assessee for the relevant income year and the provisions of sections 93 and 94 shall, so far as
may be, apply thereto, the period of (limitation] ""'· ..,. '-'- 2017 specified in section 94 being
reckoned from the end of the income year in which the amount was so utilised.
4. Tax exemption of profits from refining or concentrating mineral deposits.-

(I) Where such undertaking is also eogaged in the business of refining or concentrating in
Bangladesh the mineral deposits extracted by it in Bangladesh, so much of the profits and gains
(het-.ina1lu referred lo in sub paragraph (2) as the said amount of profit and gains) derived from
such business as does not exceed five percent of the capital emplo;-ed in such business, such
capital being computed in accordance with such rules as may be made by the Board for the
purposes of this paragraph, shall be exempt from tax.
(2) Where the profits aod gains of such business, computed for aoy year of assessmeot cover a
period which is less or mere than one. year, the amount of profits and gains exempt under sub·
paragraph (I) shall be the amount which bears the same proportion to the uid amount of profits
and gains 11 the s.ame proportion as the said period bears to a period of one year.
(3) The profits and gains of the business to which this paragraph applies shall be computed in
accordance with the provisions of sections 28 aud 29.
(4) Nothing contained in this paragraph shall apply to an undertaking which is formed by the
splitting up. or the reconstruction of, a business already in existence, or by the transfer to a new
business of any building, machinery or plant used in a business which was being carried on, on or
before the first day of July, 1983.
(5) The provisions of this paragraph shall apply to the assessment forthe year next following the
income year in which commercial production is commeoced, or the loss under paragraph 2(3) or
allowance, if any, under paragraph 2(4), as the case may be, has been set off or deducted in full,
whichever is the later, and for the next following four years.
246
THE SIXTH SCHEDULE

PART A
EXCLUSIONSFROM TOTAL INCOME
[See section 44(1))
1. (I) My income derived from [house property)'•h.byf.A.2"0! held under trust or other legal obligation
[or from operation of micro credit by such trust or obligation]°""""" by r -'-""" wholly for religious or
charitable purposes, and in !he case of house property so held in part only for such purposes, !he income
applied, or finally set apart for application,thereto.
[Exp/JmaJion.- The provisions of this paragraph shall not apply in the case ofa non-government
organisatioo registered with NGO Affairs Bureau.J w.byf.A. "°'
(2) Where any income is not applied or is not deemed to have been applied to charitable or
religious purposes in Bangladesh during the income year but is accumulated, or finally set apart,
for applic.atioo to such purposes in Bangladesh, such income sball not be included in the total
income of the income year of the person in receipt of the income, provided the following
conditions ue complied with, namely, ..
(1) such person specifies, by notice in writing givea to the Deputy Commissioner of
Taxes, the purpose for ,vhich the income is ~ng acc.wnula1~ or set apart, and the
period for which the income is to be accumulated or set apart, which shall in no case
exceed ten years;
(b) the money so accumulatedor set apart is-
(i) invested in any Government security as defined in sectioo 2(2) of Public Debt.
Act, 1944 (XVIIl of 1944), or in any other security which may be approvedby
the Governmentin this behalf, or
(it) depositedin any account with the Post Oflioe Savings Bank, [or
[(iil) deposited at least fifty per cent of such money in an account with scheduled
bank of which fifty one per cent or more shares are held by the Government and
the rest amount of money may be deposited in any scheduledbank.) s... by r .A.201•
(3) Where any income which-
(a) is applied to purposes other than charitable or religious purposes or ceases to be
accumulated or set apart for application thereto, or
(b) ceases to remain invested in auy security or deposited in a.u.y account referred to in
sub-paragraph (2), or
(c) is aot utilised for the pwpose for which it is so accumubted or set apart during the
period referred to in sub-paragraph (2) or in the year immediately following the expiry
thereof.
shall be deemed to be the income of such person of tbe iacome year in which it is so
applied ot ceases to be so accumulated or set apart or ceases to remain so invested or
deposited or, as the case may be, of the income year immediatelyfollowing the expiry of
the period aforesaid.
[Expbnation.- For the purpose of this paragraph. "property held under trust or
other legal obligation" includes a business undertalcing so held and where a claim is
made that the income of any such undertalcing shall not be included in the total income
of the person in receipt thereof the Deputy Commissioner of Taxes shall have the power
to deteonine the income of such undertaking in accordance with the provisions of this
Ordinance relating to assessment; and where any income so determined is in excess of
the income as shown in the accounts of the undertaking such excess shall deemed to be
applied to purpose other than charitable or religious pwpose.J """""" r -'-1999
247
[lA. Any service charge derived from operation of micro credit by a noa-govemm.enr organisation
registered with NGO Afwrs Bureau [or MicrocreditRegulatoryAuthority]""-..,.._._ 1. '°'
Explanation. - For the purpose of this paragraph, "service charge" means any financial charge or
interest or share of profit, called by whatever name, paid or payable by the loan recipient for the amount
borrowed under micro credit programme from the nongovernment organisation. J kl- ~bf 1·-~· 1°14
[2. Any voluntary conttibutions received by a religious or charitable institution J ......,. r.A. 2014 and
applicablesolely 10 religious or charitable purposes:
Provided that nothingcontained in paragraph1 or 2 shall operateto ae.mpt from th« provisions
of this Ordinance thatpart of the total income of a private religious trust which does not msurs for the
b.n•fit ofth• public.
[3. The income ofa local govemmenl] ""~., r. A. 2000
4. (I) Any income acauing to, or derived by, a provident fund to which the Providem Fund Act, 1925
(XIX of 1925), applies.
(2) Any income accruing 10, or derived by, workers participatioo fund established under the ~
lS'I ~ - (- 'lt'lf ~ ~ ~. Bangladesh Labour Act, 2006 (Act No. XLl] of 2006)] ,,.....,. r. •·
1014. subjttt to any such conditions and limits as may be prescribed.
5. Any special allowance, benefits or perquisite specifically granted to meet expenses wholly and
necessarily inCWTedin the performance of the duties of an office or employment of profit.
[6. Any income received by the trustees on behalf of a recognised provident fund, an approved
superannuation fund [or pension fund],...,. .,., ... "'1'and an approvedgratuity fund.]'""-..,.'··'- I"'
7. Auy incomereceived-
(a) by any ambassador, high commissioner, envoy, minister, charge d'affain, commissioner,
counselor, consul de carrier, secretary, adviser or attache of an embassy, high commission,
legation or commission of a foreign State, as remuneration from such St.ate for service in such
capacity;
(b) by a trade commissionet or other official representative in Bani).adesh ofa foreign State (not
holding office as such in an honorary capacity) as his official s.alary, if the official salary of the
corresponding officials, if any, of the Ooverument, residem for similar pwposes in the country
coacemed, enjoy a similar exemption in that country;
(c) by a member of the staff of any of the officials referred to in clauses (a) and (b), as his official
salary, when such member is not a citizen of Bangladesh and is either a subject of the country
represented or a subject of some other foreign State and is not engaged in any business or
profession or employment in Bangladesh otherwise than as a member of such staff, and the
country represented has made corresponding provisions for similar exemptions in the case of
members of the staff of the correspondingofficials of the Government of the People's Republic
of Bangladesh in that country.
[8. Any pension due to, or received by an assessee from the Oovemmem or an approved pension
fund.) S.....byF.A.2020
[9. Auy inoome chargeable under the head "salaries" received by or due to any person who is neither a
citizen of Bangladesh nor was resident in Bangladesh in any of the four yeus immediately preceding of
that year in which he arrived in Bangladesh, for a period of two years from the date of his arrival in
248
Bangladesh, as remuneration for services rendered by him during such period as a professionor teacher
at a recognized University, College School or other educational institution in Bnagladesh.) °""""'""'.A.'""
l O, Omm...-u.d by f _UHO
11. 0::L-u.dbyf-U9tl
(llA. Ally sum or aggregate of sum received as dividend by a person being an individual from a
company or companies listed to any stock exchange in Bangladesh up to taka filly thousand.) .......,. '· A.
2019
[ 12. J °'"'"".,.A. r. ,011
(13.) o..... .,.,.A. ,on
14. Ally income charge•ble under the head "Income from property,",
(a) in respect of a building the erection of which is begun and completed at any time between the first day
of July, 1975 and the thirtieth day of June, 1980 (both days inclusive), and the building is intended to be,
and is actually, used for residential purposes only, fora period of five years from the date of such
completion. subject 10 the following limits, namely, ..
(i) in a case where the annual value of such building does the whole of such value;
not exceed eighr thousand and four hundred taka,
(ii) in a case where the annual value of such building eight thousand and four hundred taka:
exceeds eight thousand and four hundred taka,
Provid6d fllat whers an assessee claims exemption in respect of mor• titan on• such building, the
exemption under this clause shall be restricted to such portion of the aggregate annual value of such
building as does not exceed eight thousand and four hundred taka;
(b) in respect of a boilding the erection of which is begun and completed at any time between the first
day of July, 1980 and the thirtieth day of June, 1985 (both days inclusive),and the building is intended to
be and is actually, used for residential purposes only, for a period of five years from the date of such
completion, subject to the followinglimits, namely,-
(i) in a case where the annual value of such building does the whole of such value;
not exceed fifteen thousand talca,
(ii) in a case -..ilere the annual value of such building fifteen thousand taka:
exceeds fifteen thousand taka,
Provid.d that wh•r• an assesse« claims exemption fn respect of mor• than on• such building,
.x•mption under this clause shall b• restricted to such portion of th• aggr•gat• annual valu• of such
building as doc not ac,ldf,ftHn thousa11d taka;
(c) in respect of a building the erection of which is begun and completed 11 any time between the fint day
of July, 1975 and the thirtieth day of June, 1980 (both days inclusive), and which is intended to be and i.s
actually, used fo,- residential purposes only, for a period of five yean from the date of such completion,
subject to the condition that the plinth area of the building is not more than two thousand square feet. The
exemption under this clause shall a.lso apply in the case of housing companiM. societies and estates
wbere the construction comprises bungalows, flats, apartments or units (hereinafter referred to as units)
each containing plinth area of not more than two thousand square f~• provided the construction
comprises not less than twenty-five units;
(d) in respect of a boilding the erection of which is begun and completed at any time between the first
day of July, 1980 and the thirtieth day of June, 1985 (both days inclusive),and which is intended to be,
and is actually, used for residential purpose only, for a period of five years from the date of such
completion, subject to the condition that the plinth area of the boilding is not more than one thousand
square feet. The exemption under this clause shall also apply in the case of housing companies, societies
and estates where the construction comprises bungalows, flats, apartmentsor units (hereinafter referredto
249
as unit) each conta.imttg plinth area of not more than one thousand square feet provided the construction
comprises not less than twenty-fiveunits;
(e) in respect of building the erection of which is begun and completed al any time between the first day
of July, 1985 and the thirtieth day of June, 1990 (both days inclusive), and the building is intended to be,
and is actually, used for residential purposes only, for a period of five years from the date of such
completion, subject to !he following limits, namely :-
(i) in a case where the aunual value of such building does the whole of such value;
not exceed fifteen thousand taka,
(ii) in a case where the aunual value of such building fifteen thousandtab:
exceeds fifteen thousand tab,
Provid.d that whu• an assesse« claims exemption in respect ofmor• than one such buildi,rg. th•
«r•mption und•r this claus• shall b• restricted to such portion of th• aggr•gat• annual value of .ruch
building as d- not ,xc,df,ftHn thousa11d taka;
(I) in respect of a buildina !he erection of which is begun ond completed at any time between the first day
of July, 1985 and the thirtieth day of June, 1990 (both days inclusive), and which is intended to be, and is
actually, used for residential purposes only, for a period of five yean from the date of such completion,
subject to the condition that the plinth area of the building is not more than one thousand square feet. The
exemption under this clause shall also apply in the case of housing companitt. societies and estates
wbere the construction comprises bungalows, flats. apartments or units (b.ett.inafterreferredto as units)
each containing plinth area of not more than one thousand square feet provided the construction
comprises not less than twenty-fiveunits
((g) in respect ofa building the erection of which is begun and completed at any time between the first
day of July,1990 and the thirtieth day of June,1995 (both days inclusive) and the building is intended to
be, and is actually, used for residential purposes only, for a period of five years from the date of such
completion subject to the following limits, namely:-
(i) in a case where the aunual value of such building does the whole of such value;
not exceed thirty thousand tab;
(ii) in a case where the aunual value of such building thirty thousand tab:
exceeds thirty thousand tab;
Providsd that where an assessee claims exemption in respect of more than one such building. the
exemption under this clause shall b• restricted to such portion of the aggregat• a11nu.al value of such
building as doc not «xc•ed thirty thousand taka;J llll.\ryf, A. ltto
(h) °"""""'.A.'"'
16. O•lut4"1P.0.MN
17. Ofirt4"1P.O.MII
18. Any income receivedby an assessee in respectof any share of income out of the capital gains on
'°"
which ta."< has been paid by the firm of which the assessee is a partner.) "'"'·.,. r-'-
19. A1ly sum received by an assessee as a member of a Hindu undividedfamily where such sum has been
paid out of the income oftbe family.) sm.byf.A. ,on
(20. A1ly income up to taka two crore fifty lal:h received by an assessee as gratuity from the Government
.,.,.A.
or an approvedgratuity fund.) ,..,.. 2020
250
21. Any payment from-

(a) A providenr fund to which the provident Funds Act, 1925 (XIX of 1925), applies; or
(b) a recognised providentfund, subject to any such conditions and limits as my be prescribed;or
(c) an approved superannuation fund, subject to any such conditions and limits as may be
prescribed;or
((d) a workers' participation fund established under ~lJll~ - (- 'll:'!i S~sl~ to
any person not exceeding fifty thousand taka, notwithstanding any1hing conlained in any other
law for the time being in force regarding tax exemption of such payment;] ...._ '1 r A 20"..,;,, s......,. r.
A. 2016
[22. Any income from dividend for which dividend distribution tu is payable by the company under
section 160] S-.1'rf.A.200J~ouM"1PA200,
[22A. Income from [Dividend ol] a...., '1 '· A. 20" a mutual fund or a unit fund up to 1aka twenty five
thousand.) iu~ 1•A. lOOJ _. ~ •" bJ'" P.O. 200&
[23. Any income dern-ed by on assessee, being the author or co-author, of such literary works of a
creative nature as may be approved by the Boa,·d for the purpose of this paragraph from such work.]
1"1
o-i!N...,.JI.A,
[24. Any interest classifiable under the head "Interest. on securities" receivable by an assessee on any
security of the Government, which is issued with the condition that interest thereon shall not be liable to
tax..]W,byf.A.1991
(24A. Any income received by an assessee from Wage earners development bond, US dollar premium
bond, US dollar investmentbond, Euro premium bond, Euro investmentbond, Pound sterling investment
bond or Pound sterling premium bond.) w:. c,iw pu.agnpb brF-\. 201,
25. Any sum representing interest credited on the accumulated balance of an employee in a recognised
provident fund, in so far as it does not exceed one-third of the salary of the employee for the year
concerned and in so far as it is allowed at a rate not exceeding such rate as the Board may. by notification
in the official Gazette, fix in this behalf.
[26. Any amount received by on employee of • Govemment organ.isatiou, a local authority, or an

autonomous or semi-autonomous body including the units or eolerprises controlled by it) at the time of
his voluntary retuement in accordance with any scheme approved by the Go,i,mment in this behalf.]' ....,.
,. A.. 1,,,
[27. Notwithstanding anything contained in any order or regulation for the time being in force, auy
income of an individua~ being an indigenous hillman of auy of the hill districts of Rangamati, Bandarban
and Khagr~ which has been derived solely from economic ac.tivities undert.aken within the said hill
districts.
(28. An amount equal to fifty per cent. of the income of an assessee, other than a company not registered
in Bangladesh, derived [from the business of export but it shall not apply in cue of an assessee, who is
enjoyingexemption of tax or reduction in rate of tax by any notification made under this Ordinance.]Sw>.br
f.A. 2003
Explanation.- For the pwpose of this paragraph, -

(a) sale of locally manufactured machinery, equipments and other finished products within the
country to any agency against its procurement program in foreign exchange quota; and
251
(b) supply of locally manufactured raw materials and other inpu,s to export oriented industry
under intemal back-to-back letter of credit;
shall also be included in the definition of "business of export.'1 "'-""'·''- ,..,......... ..,.,_._,.,,
[29. Any income, oot exceeding [two lakh] Sab,.by •· ·'- 2014 taka, chargeable under the head "Agricultural
income" of an assessee, being an individual, whose only source of income is agriculture. J Iu.bf F. A. t996
(30. any income of the mutual fund of the person issuing such mutual fwul]...._..,.,_._"°'""............,,omi..,..
bylA. 201)
(31. any income of the mutual fund of the person issuing such mutual fund] r.....,. rA '"' ......... .....,. ••"'"
byF.A 200)
[3lA. Income from capital gains from lransfer of machinery or plant used for the purpose of business or
profeuiou] * .,,A .,_._.......,-..t.4b)'t.A. 1001
(318. Any U>Come 001 exceedmg twenty five thousand taka received from interest on savings
instruments;
Provldad that tho """"'ption undor this paragrapl, will not bo applfcabi. who,y rax Is dad11ctiblo 11ndor
sectio» 52D.JW."1P.A.._.mM ......... dy-inM!rwyP.A.1011
[32. Any income not exceeding nventy five thousand talc.a received by an indi\"idua.l from interest on
savings instruments.) Oeim,l"7"fA.1002
(32A. Any sum or aggregate of sums received as interest from pensioners" savings certificate where the
total accumulated investment at the end of the relevant income year in such certificate does not exceed
taka five lakhJ ""'-"r'··'-'°16
(33. Any income derived from the following business of a person being a resident or a non-resident
Bangladeshi for the period from the first day of July, 2008 to the thirtieth day of June, 2024 on the
conditions that the person shall file income tax return in accordance with the provisions of section 7 5-
(i) Software development;
(ii) Software or application customization;
(iii) Nationwide TelecommunicationTransmission Netwcnx (NTIN);
(iv) Digitalcontent develcpraeat and management;
(v) Digital animation development;
(vi) Website de,-.,topment;
(vii) Web sire services;
(viii) Web listing;
(ix) IT precess outsourcing;
(x) Website hosting;
(xi) Oigitll graphics dosign;
(xii) Oigit1l data entry and processing;
(xiii) Digital data analytics;
(xiv) Geographic Information Services (GIS);
(xv) IT suppon and software maintenance service;
(xvi) Software test lab services;
(xvii) Call center service;
(xviii) Overseas medical transcription;
(xix) Search engine optimization services;
(xx) Document conversion, imaging and digital archiving;
(xxi) Roboticsprocess outsourcing;
252
'°
(xxii) Cyber security services;] ••"-br'.A. 17(
(xxiit) Cloud service;
(xxiv) System Integration;
(xxv) e-leaming platfonn;
(xxvi) e-book publications;
(xxvii) Mobile application developmeot service; and
(xxviii] IT Freelancing. J tu. "1 '.A. 20, 1
((34. Subject to the conditions made hereunder any income from fisheries, poultry, [production of
pelleted poultry feed,I "--'..,. 1· A. ,oJOJ production of seeds, marketing of locally produced seeds, cattle
farming, dairy farming Horticulture, frog faming, mushroom farming, Ooriculture, sericulture for the
period from the tint day of July, 2008 to the thirtieth day of June, 2011
[(•) if such income exceeds talca one lalch and fifty thousand, the persou shall invest au amount
uot less than ten percent of the said income in the purchase of bond or securities wued by the
Go\·ermnenl ,v1thsD SIX months from the end of the 1ucome year aod hold such bond or securities
bll matunty of such bond or securi1ies~] t111M bf P.A. 101 ..
(b) the penon shall file return in accordance with the provisions of (under sub-section (S) of
stttion 75) Mllrf.A-:oi, oflhe Ordinance; and
(c) no such income shall be transferred within five years from the end of the income year: [
Prm-idld tliat incom« from fisheries as mentioned in this paragraph shall not apply to a
'°"
company as definad in cla,is• (20) of section (2) of this Ordinanc•.I.......,., .... '°"l""""'brf.A.
35. Any income derived from the export of handicrafts for the period from the lint day of July, 2008 to
the thirtieth day of June, (2024J ""'·"''·A. 20"
36. Any amouot paid by the Government as tax on behalf of a petroleum exploration company engaged
in exploration of petroleum products in Bangladesh under Production Sharing Contract (PSC) with the
Government of Bangladesh.
37. Income of any private Agricultural College or private Agricultural University derived from
agricultUfll! educational activities.
[38. Any income derived from any building situated in any area of Bangladesh, not less than five storied
having at least ten Oats, constructed at any time between the tint day of july, 2009 and the thirtieth day
of June, 2014 (both day, inclusive), for ten years from the date of completioo of coustruction of the
building, except the building situated in auy areas of city co,poration, Cantonment Board, Tongi Upazila,
Nantyanganj Pauruhn-a, Gazipur Paurashava aud any Paurashava uude1' Dhaka district) ...,, '>" ,..._ 2009
[39. Income deri\·ed from my Small and Medium Enterprise (SME), engaged in production of any goods,
having-
(e} an anuual ruruo,...-ofuot more than Taka fi.fty lakhs; or
(b) an anuual ruruo,~ of not more than Taka 70 lalchs where the SME is owned by women:
Provided tliat a:•mpfion under this paragraph shall not b• appticabl« to th• assess .. who fails to
comply with any provision of this Ordinance] s,i..byF.A. sou
40. Any income derived from Zero Coupon Bond received by a person other than Bank, Insurance or any
Financial Institution, subject to the following conditions:
(a) that the Zero Coupon Bond is issued by Bank, Insurance or any Financial Institution with
prior approval or Bangladesh Bank and Securities Exchange Commission..
(b) that the Zero Coupon Bond is issued by institution other than Bank, Insurance or any
Financial Institution with prior approval of Securities Exchange Commission..
253
[41. Ally income received by an assessee as interest or profit from pensioners' sa\"ings certificate.] Omiu.tl
bfl.A.1010
(42. Any income from poultry fanning for the period from the first day of July, 2011 to the thirtieth day
of June, (2015) ......,., ..uou subject to the following conditions:
(a) ifsnch income exceeds taka 1,50,000/- an amount not less than 10% of the said income shall
be invested in the purchase of bond or securities issued by the Government within silt months
from the end of the income year;
(b) the person shall file return of his income in accordance with the provisions of clause (c) of
sub-section (2) of section 75 of this Ordinance; and
(c) no such income shall be transferred by way of gift or loan within five yean from the end of
the income yeu.] •·'1"'..A. 1011 AO.a.dllfl.A.2021
[43. Any profits and gains w,der the head "Capital Gains" arising from the transfer of stocks or Shares of
a public company as defined in Companies Act, 1994 listed in any stock exclwlge in Bangladesh of an
assessee being a non.resident subject to the condition that such assessee is e:o.titJed to similar exemption
in the country in which he is a resident.] ra,... ~bfS.J..O>,o. Jf·l.a•fl~Tn/2012
(44. An amount of income derived from cinema hall or Cineplex wruch starts commercial exhibition
between the first day of July, 2012 and thirtieth day of June, [2024) .......,., . ._'°"for the period, and at
the rate specified below:
if it is set-up in-
(i) (Db.ab. Mymensingh or) ""·.,.P.A.'"'
Chittagong divisions (e.,cluding city corporation area
and Rangamati, Bandarban and Khagrachari districts) for a period of five years beginning with
the month of commencement of commercial production:
Period or Exemption Rate of :Exemption
For the first two years (first and second year) 100% of income
For the next two yean (third and fourth year) 50% of income
For the next one year (fifth year) 25% of income
[(ii) Rajshabi, Khulna, Sylhet, Rmgpur and Barisal divisions and Rmgamati, Bandarban and
Khagrachari districts for a period of ten years beginning with the month of commencement of
commercial exlul>ition:
P,riod of Exemption Rate of :Exemption
For the lint three yean (tint, second and third year) I 00% of income
For the next three years (fourth, fifth and sixth year) 50% of oncome
For the next four yean (seventh to tenth years) 25% of income
I"'-"'"'/ o,A. •••T, -, o ..... -••
45. An amount of income derived by an industrial unde11alcing engaged in the production of rice bran oil
and commencing commttcial production between the first day of July, 2012 and thirtieth day of
June, (2024) ,..,_..,.,_,_,.,. for the period, and at the rate specified below:
if the said undettalcing is set-up in-
[(i) (Db.ab. Mymensingh or] '""'· '1 P.A. 2017 Chittagong divisions (excluding city corporation area
and Rmgamati, Bandarban and Khagrachari districts) for a period of five years beginning with
the month of commencement of commercial production:
Period or :Exemption Rate or :Exemption
For the first two years (tint and second year) 100% of income
For the next two years (third and fourth year) 50% of income
For the next one year (fifth year) 25% of income
1 Sa'r 1. A. lCll4
254
(ii) R.ajshahi, Khulna, Sylhet, R.aogpur and Barisal divisioas (excluding city corporation area)
and R.angamati, Bandarban and Khagrachari districts for a period of ten years beginning with the
month of commencement of commercial exhibition:
Period of Exemption Rate of Exemption
For the first three years (first, second and third year) 100,, of income
For the next three years (fourth, fifth and sixth year) 50,'e of income
For the next four years (seventh to tenth year) 25% of income
46. An amount equal to fifty percent of the income of an assessee derived from the production of
com/maiz.eor sugar beet;
47. Income of an HSeSSee donated in an income year to any fund established by or under the provisions
of ~ ~ ~ ll'll ~ ~~ (~·)~ 'IC'fil )Q 'I(~ (Trust of Prime Minister's Education Assistance
Act, 2012) (Act No. I 5 of 2012) subject to a maximum of-
(•) twenty percent(20%) of income of a company or tab eight awe, whichever is les.s;
(b) twenty perceni (20%) of income of an assessee other than a company or one crore taka,
whichever is less.] WH.'YFA. 2012
(48. Any income earned in abroad by an individual assessee being a Bangladeshi cilizen and brought any
such income into Bangladesh as per existing laws applicable in respect of fott.ignremittance.
49. Income of an assessee donated in an income year by a crossed cheque (or bank trmsfer) , .... "1 r.A.
'"' to any girls' school or girls' college approved by the Ministry of Education oflhe government.
50. Income of an assessee donated in an income year by a crossed cheque (or bank transfer] s.... "", ..<.
"" to any Technical and Vocational Training Institute approved by the Ministry of Education of the
government.
51. Income of an assessee donated in an income year by a crossed cheque (or bank transfer] s.... "1 t s.
"" to any national level institution engaged in the Research & Developmeni (R&D) of agriculture,
science, techonology and industrial development.) ""· br '.A. '°14
(52. Any income, not being interest or dividend classifiable under the head "Income from other sources",
received by any educational institution, if it -
(i) is enlisted for Monthly Pay Order (MPO) of the Government;
(ii) follows the curriculum approved by the Govemmeot;
(iii) is gevemed by a body formed as per Government rules or regulations.
53. Any income, oot being interest or dividend classifiable under the bead "Income from other sources",
received by a.ny public univenity or any professional institute established under any law and run by
professional body of Chartued Accountants or Cost and Management Accountants or Chartered
Secretaries.] S-..IIJ'P..A. ~1')-..,.P.A..?OU
(54. Any income earned by an ahemative investment fund recognized by the Bangladesh Securities and
Exchange Commission.] S.S.."1P.A.lMO
[55. Any income of the Bangladesh Security Exchange Commission for the Assessment Years starting
from the first day of July,2017 to the thirtieth day of June, 2022.J ......,.,_..,..,
[56. Nly amount in the nature of an honorarium or allowance from or any welfare allowance received by
any person from the Govemment,J w.bf u,o17
[57. Any reward received by any person from the Government.) "'·'r'"'-""
[58. Any income derived from the operation of an elderly care home or a day care home for children.
255
59. Any income (derived from the operation] Omir..t1byJ1.A. lOt9 of an educational or training institution runs
exclusively for persons with disability.
60. Any distnoution of taxed dividend to a company [being resident in Bangladesh] °""""
"1 r..._ 0019 if the
company distributingsuch taxed dividend has maintained separate account for 1he taxed dividend.] "'''..,.
,a u.11 tu•. caw pen S9 m 60 bf f _.\..2011
(61. Any business income derived by an ocean going ship being Bangladeshi flag carrier for the period
from the first day of July, 2022 to the thirtieth day of June, 2030, if it is received in foreign currency
and brought into BangJadesh as per existing laws applicable in respect of foreign remittance.] "'"1 r.A.
2022
256
THE SIXTH SCHEDULE

PARTB
EXEMPTIONS AND ALLO\VANCESFOR ASSESSEES BEING RESIDENT AND NON-
RESIDENT BANGLADESfil
(See section 44 (2))
1. Any sum paid by an assessee, being an individual, to effect an insurance, or a contract for deferred
annuity, on the life of the assessee or on the life of a wife or husband or a minor child of the assessee,
subject to the limit of such payment, in the case of insurance, to ten per cent. of the actual sum assured
(excludingbonus or other benefits.)
2. Any sum paid by an assessee, being a Hindu undivided family, to effect an insurance on the life of auy
male member of the family or the wife of any such member:
Provided tliat no cr,mptionunder this paragraph or paragraph (I) shall be alk>w,d unless th•
pr,mlum and th• proaeth of the lif• insurance policy or th• contractfor deferredannuity, as th, case
may be, are bothpayableIn Banglad,sh.
3. Any sum deducted from ulary payable by or on behalf of the Gcveremeet to any individual, being a
sum dedud~ in accordance with the conditions of his service for the purpose of 1tt:uring to him a
deferred annuity or of making provisions for his wife or children, pro,~ded wt the sum so deducted shall
not exceed one-fifth of the salary.
4. Any sum paid by the assessee as a contribution to any provident fund to which Provident Fund Act,
1925 (XIX of 1925), applies.
5. Any sum representing the assessee's and the employer's contribution to a recognisedprovident fund in
which the assessee is a participant subject to the limits laid down in Part B of the First Schedule.
6. Any sum paid by the assessee as ordinary annual contribution to approved superannuation fund in
which the assessee is a participant.
[7. Any sum, not exceediu& three thousand taka, spent by the asssessee on the purchase of books of a
profe.. ional or kchnical nature or of general utility]°""'"""''.A.'"'
8. Any amount ... ,·ested by an assessee, not being a company, in the acquisibon [, otherwise than by
purchase or transfer from previcus bolder] °"""' •, r.,uoo. of any stocks or shatts of a compony or other
body corpcnte wlllch fulfi!IJ the following conditions, namely, •
(a) in the case of a company,it shall be a company listed with a Stock Exchange in Bangladesh;
(b) in the case of any other body corporate, it shall be establi,hed by or under any Act of Parliament;
(c) in the case of any stocks or shares acquired by purchase from a previous holder, if such stocks or
shares is transferred in the name of the transferee.]OmiltH'°)'P.A..lOtt
[9. (!) Any sum iavested by the assessee, not being a company, in the purchase, otherwise than from
previous shareholders,of such debentures or debenture stocks issued by a company as the Securities and
Exchange Commission may approve for the purpose of this paragraph.
(2) The maximum amount of deduction admissible under this paragraph shall be the lesser of the
following two amount, namely: -
(a) the amount invested by the assessee in the income year (a) as reduced by the amount of
sale proceeds, if any, or the original cost to the assessee, whichever is greater, of the
debentures or debentute-stocks, purchased by the assessee in the income year and the two
257
immediately preceding income years and disposed of by him by sale, transfer or otherwise in
!he income ye,u (b), !hat is to say, lhe amount arrived at after deducting (b) from (a);
(b) lhe aggregate of the amounts invested by the assessee in lhe income year and lhe two
immediately preceding income years (c), as reduced by the sale proceeds or lhe original cost
to 1be assessee, whichever is greater, of the debentures or debenture-stocks disposed of by
him by sale, transfer or otherwise, in the income year and the two immediately preceding
income years, (cl), !hat is to say, the amount arrived at after deducting (cl) from (c)) Omio,dbyr.
A. 2011
10. (I) Subject to the maxim.um laid down in sub-paragraph (2), any sum invested by an assessee, not
being a company, in the purchase of the following, namely: -
(a) such A\"ing> certificates or insttuments as the Board may specify in this behalf (and as are
purchased not later than the thirtieth day of June, 1994), ,,_,..,, .... "''
(b) unit certificates (and mutual fund) "'•·by'· 0• "" oerti.ficates issued by (any fiDllnciaJinstitutiou
or) _., P.A. 2tu the (Investment Corporation of Bangladesh and its subsidiaries); ....by'· A.'°"
(e) such Go,<eroment securities (including Development loans or Bonds) as the Board may
spttify in this bff.alf;and
(d) shares of such investment companies as the Board may specify in this bff.alf.
Explanah·on. -For the purpose of clause (d} "investmentcompaeies" means eompaaies engaged
principally or wholly in buying and selling securities of other companies and includes a company
eighty per cent. of whose paid up capital is employed at any one time as investment in other
companies. but does nor include a bank or an insurance company or a corporation which is a
member of stock exchange.
(2) Where any certificate, security or share (herein referred to as "the certificate") to which
clause(a), (b), (c) and (d) of sub-paragraph (I) apply and in respect of which any credit in tax has
been allowed to the assessee, is disposed of by sale, transfer or in any other manner within five
years from the date of its pnrchase or before the maturity thereof, as the case may be, then,
notwithstanding anything contained in this Ordinance, the amouol of tax payable by the assessee
under the other provisions of this Ordinance in respect of the income year in which such
certificate was M> disposed of, shall be increased by an amount equal to the credit in tax allowed
to the assessee in respect of such certificate (hereinafter referred to as the "said amount") and the
sum so arrived at or where no tax i.s payable by the assessee uodcr the other provisions of this
Ordinat>ce in respect of that income year, the said amount shall be deemed to be the tax payable
in respect of that income year and other provisions of this Ordinance shaJ1, so far as may be,
apply accordingly.
[11. An amount not exceeding taka sixty tbousaud by an indi,,dual in any deposit pension scheme
spo11Sored by a scheduled bank (or a frnancial institution),,.. . .,., .... '°".)_..,.,.A.
1011
llA. A,:,.y sum paid as donation by an assessee to a charitable hospital which is established out side the
city corporation are.a (one year) .... ..,.'·._'''°'
before such payment and is appreved by the Board for this
purpose.
llB. Any sum paid as donation by an assessee to an organization set up for the welfare of retarded
people, established at least [one year) s.....by r. -'· ''°'
before such payment and is approved by the Social
WelfareDepartment and by the Board for this purpose.
12 . Oll:cinadby 1..A. 1991
258
13. any sum paid by an assessee as Zalcat to the Zakat Fund or as donation or cenrribution to a charitable
fund established by or under the Zakat Fund Ordinance,1982 (XI of 1982).
14. Omnd by 1.A. 199?
15. Any sum which the assessee is entitled to receive out. of the income of an association of persons
(other than a H.iodu undivided family, company or a finn) on which tu has already been paid by the
association:
Provided that whwe there is included in the total income of an assesses any income exempted under this
paragraph, tire tax payable by the assessee shall be an amount bearing to the total amount of the tax
which would hal'e bun payabl« on the total income had no part of it been exempted, at the sanie
proportionas the uncxcmptedportion of the total income bears to the total income.
'°
16. AJJ.y sum being the sbare or portion of the share of the assessee in the income of [a firm) .....,. r.A. 2 2
if tax of such income has already been paid by the film:
Provld«Jthat wh11r• th•ro u lnclud1d fn th, total f11co1111 of an ass.SSH any tncom« o:1mpt1d u11dor this
paragraph, th• tar payabl• by th• ass.ss,. shall b• an amount bearing to th• total amount of th• tax
which would ha,,. "-•n payabl« on th• total tncom« had 110 part of it "-•n o:•mpt•d, at th• sam•
proporn'onas th• una,mptcd portion of the total income b1ars to th, total incom,.
17. Any sum paid by an assess .. , in order to make provision for his wife, children or ocher persons
dependent on him, to a benevclent fund or any premium paid under a group insuranc• scheme if such
fund or the scheme is approved by lhe Board for this purpose.
}8. Oa:ritllldbfl.A.199?
19. O::xinti.!bfl.A.199?
?O. O:ms.odbfl--\.199?
[21. AJJ.y sum paid by an assessee as donation to any socio-economic or cultural development institution
established in Bangladesh by the Aga Khan Development Network.J ""-..,.,_..,..,
[22. AJJ.y sum paid by an assessee as donation to a philanthropic or educational institution which is
approved by the Go,-emment for this purpose. J Ju . ..,. F.A. 200>
0'"'"'"'
[23. AJJ.y sum in,·ested in the purchase of one computer or one laptop by an individual assessee.J
fA.l'Olf
[24. Any sum paid by an usessee as donation to a national level institution set up in memory of lhe
liberation war.) Im. F.A. ltll
[25. AJJ.y sum paid by an assessee as donation to a oational level institution set up in memory ofFatber of
the Nation.] r...r..A. ?Oii
(26. A1ly sum paid by an aSSHStt. as donation to Prime Minister's Higher Edu.cation Fund.)O-r.dbyP.A. lOll
(27. Ally sum invested by an assessee, being an individual. in the acquisition of any stoclcs or shares of a
company. mutual fund or debenture listed with any stock exchange.] s... "1"sU>..so.-.4.i:ny,.noi.2
[28. Any sum invested by an assessee, being an individual, in the purchase of Bangladesh Govenunent
....,,.,..,.12
Treasury Bond.) ...._..,.uo.xo-,o..
259
THE SEVEN1H SCHEDULE

CO!\IIPUTATIO~ OF RELIEF FROM INCOME TAX BY \VAY OF CREDIT IN
RESPECT OF FOREIGN TAX
[See section 144 (4)]
I. Definitions. -
(!) In this Schedule, -
(a) "Bangladesh tax" means income tax charged in accordance ,.;th the provisions of the
Income Tax Ordinance,1984;
(b) "foreign tu," means, in relation to any country an agreement with the Government of
which bas effect by virtue of section 144 of this Ordinance, any tax chargeable under the
laws of that country for which credit may be allowed under the agreement;
(c) "foreign income tax" means any foreign tax ,vhich corresponds to income tax.
(2) Where, an agreement having effect by virtue of the said section 144, provides for any tax
chargeable under the laws of the couatry concerned being created as income tax, that tax shall be
treated as foreign tax or foreign tax. other than foreign income tax, a.s the case may be.
(3) Any refereeee in this Schedule to foreign tax or foreign income tax sball be construed, in
relation to credit to be allowed under any agreement, as a ttfettoee only to tax chargeable under
the laws of the country with the Government cf which the agreement was made.
2. Credit again.st Bangladt-sh tax. -

Subject to the provisions of this Schedule, where, under an agreement concluded under section
144, credit is to be allowed against Bangladesh tax chargeable in respect of any income, the
amount of the Bangladesh taxes so chargeable shall, subject to the provisions of the said
agreement, be reduced by the amount of the credit.
3. Credit admissible to residents. -

Creditshall not be allowed against income tax forany yearof assessmentunless the persons in
respect of whose income the tax is chargeable is resident for the period on the basis of which
incomeis assessed.
4. Computation of crtdit. -
The amount of the credit to be allowed for foreign tax against Bangladesh tax in respect of any
income shall not exceed the amount which would be arri,·ed at by applying the average rate of
such tax to the doubly taxed income.
S. Effttt on com.putationof inc·ome on allowance of crtdit....

(I) Where the income includes a dividend and, under the agreement, foreign tax, whether
chargeable directly or by deduction in respect of the dividend or not, Is to be taken into account
in considering whether any, and if so, how much, credit is to be allowed against the Bangladesh
tax in respect of the dividend, the amount of the income shall be treated as incr~SN by the
amount of the foreign tax appropria te to the dividend which falls to be taken into account in
computing the amount of the credit.
(2) Where the amonnt of the income is to be treated as incre.ased under subparagraph (I), the
foreign tax not chargeable directly or by deduction which is to be taken into account, shall be so
much as borne by the body corporate paying the dividend upon the profits for the period for
which the dis"idend is paid, or, if the dividend is not paid for a specified period, the profits of the
last period for whicb accounts of the body corporate were made up which ended before the
dividend became payable.
260
Explanation. - In this sub-paragraph "paid" means paid, credited or distributed or

deemed to have been paid, credited or distributed.
(3) Notwiths-ding anything contained in the preceding provisioos of this paragraph and in
sectioo 30, where part of the foreign tax in respect of the income cannot be allowed as a credit
against the Bangladesh tax, the amouot of the income shall be treated for the purposes of income
tax as reduced by that part of that foreign tax.
(4) Where the income tax payable depeods oo the amount received in Bangladesh the said
amount shall be treated as increased by the amount of the credit allowable against income tax.
(5) In computing the total income of a person for the purpose of deteonioing the rate mentioned
in paragraph 4, sub-paragraph (I) and (3) of this paragraph shall not apply, and for the reference
in sub-paragraph (4) of this paragraph, to the amount of the credit allowance against income tax,
there shall be substituted a reference to the amount of the foreign tax in respect of the income.
6. Limitation for claim..

(1) Subject to the pro\'isions of sub-parag.-.ph (2), any claim for an aUowance by way of credit
for foreign tax in respect of any income shall be made to the DepUI)' Commissiooer of Taxes of
the district in which the claimant is chargeable to income tax not later than rwo years from the
end of the year of anHsment for which that income falls to be charged to Bangladesh tax or
would fall so to be charged if any such tax were chargeable in respect thereof:
(2) When\ ~ amount of any credit given under the agreement is rendered excessive or
insufficient by reason of any adjustmentof the amouot of any ta.-. payable either in Bangladesh or
uoder the laws of any other country, nothing in the Ordinance limiting the time for the making of
assessment or claims for refund shall apply to any assessment or claim to which the adjustment
gives rise, being an assessment or claim made not. later than two years from the time when all
such assessment, adjustments and other determinations have been made whether in Bangladesh
or elsewhere, as are material in determining whether any, and if so, how much, credit falls to be
given.
7. Appeal -
A person claiming an allowance by way of credit for foreign tax may appeal to the Appellate
Joint Commissioner against any order of the Deputy Commissioner of Taxes disallowing the
claim either wholly or in part, within thirty days of the date on which the order of the Deputy
Commissioner of Taxes was c.ommunicated to the claimant.. and the provisions of Chapter XIX
of the Ordinance shall, with the necessary modifications, apply accordingly.
8. Provisions as to tb, deduction of tai: at source...

(I) The provisions of this paragraph shall have effect where on agreement having effecc under
section 144 of the Ordinance provides for the exemption from Bangladesh tax of any class of
income arising to persons resident in the country witb the Govrmmec:1 ofwhic:h the agreement i.s:
made, beingincome from which deduction of tax is required to be made under the Ordinance.
(2) Any person who pays income of any such class (referred to in this paragraph as "the
Bangladesh payer") to a person in the said country who is beneficially enticled to the income
(such person being referred to in this paragraph as "the non-resident")may be required, by notice
given by or under the direction of the Board, to pay any such income to the non-residentwithout
deduction of tax, and where such notice is given, any income from 3llJ source specified in the
notice, being income for a year for which the agreement.has effect, which the Bangladesh payer,
the date on which the notice was communicated, pays to the non-resident whose name is
specified therein, shall, subject to the following provisions of this paragraph, be paid without
deduction of tax.
261
(3) Any notice given under sub-paragraph (2) may be expressed to become ineffective if certain
specified eveots happen or, whether so expressed or not, may be cancelled by a notice of
cancellation gi,'en by or under the direction of the Board, and if, to the knowledge of the
Bangladesh payer, any of those events happens or if such notice of cancellation is given, any
payment made to the non-resident by the Bangladesh payer after the happening of that event
becomes known to the Bangladesh payer, or after the date on which that notice was
communicated to the Bangladesh payer, as the case may be, shall be subject to deduction of tax
in accordance with the Ordinance.
(4) If it is discovered, after a notice has been given under sub-paragraph (2) that the non-resident
is not entitled to exemption from tax in respect of income from any source specified in the notice,
any tax which, but for the notice, would have been deductible from any payment made to the
non-resident by the Bangladesh payer but by virtue of the notice bu nol been oo deducted shall,
if a deduction to that effect is given by or under the direction of the Board, be deducted by the
Bangladesh payer out of so much of the first payment made to the non•resident after the date on
which the direction was communicated to the Bangladesh payer as remains after the deduction of
any tax deducti"ble there from under the Ordinance, and any balance which cannot be deducted
out of the lint such payment shall be deducted, subject 10 the same limitation, out of the next
such payment, and so on, until the whole of the tax (the amount of which shall be specified in the
direction) has been deducted.
(5) Any IL'< which the Bangladesh payer is required to deduct under sub-paragraph (4) shall be
paid to the Go,·ernment and the provisions of Chapter VIl of the Ordinance relating to deduction
of tax al source shall, with necessary modifications, apply accordingly.
(6) A notice may be given under sub-paragraph (2) where income is paid to a person authorised
to receive such income on behalf of a non-resident, and in such a case, the reference in this
paragraph to payment to the non-resident shall be treated as including references to payment to
that person.
THE EIGHIH SCHEDULE

DEDUCTIONSORCOLLECTIONSOFTAXATSOURCE
[See section 62A]
Inserted by F.A. 2009 and •ubs. by F.A. 2010 and subsequently omitted by FA 2011
262
(a) Cerrespeadtng Secricas of the Income Tax Ordtnance, 1984 & Income Tax Rules, 1984
Section I Schedule Rule Remarks

19n3)_ 28 30A -
19AAAA 24B Reoealed
21 33 -
21 33A -
21 33B -
21 33C -
21 330 -
21 BE -
21 33F Reoealed
21 33G -
21 33H -
21 331 -
21
- 331
- -
26(3\ 28
26'3). 28
30
31
--
26Q), 28 32
- -
3ntfVi) 65 -
3(l(fVi,)
30lfVi.ii)
65A -
65B Reeealed
3(l(fViv\ 65C -
32(4) 42 -
35(2) 8 -
4NI) 66 -
46A 59 -
46A 59A -
46B(4Ye\ 59A -
46BB 59AAA -
46C(3)(d) 59AA -
46CC 59AAAA -
50 21 -
50 22 -
5CK!fil 18A
- -
SI 10 -
51(2) 11 -
52
52(1)
16 -
17 Reeealed
5211\ 17F "-•led
52A 14 -
53
53(1)
17A
111 - -
R..,ealed
53A 17B Renealed
53Afl\ I IA
-- - -
53AA 62A -
53B 17C -
53C 170 -
530 17E -
53E 17G Reoealed
53F 17H -
53H 171 Reoealed
531 17BB Reoealed
5dll) 15 Reoealed
54 56 12 -
58 18 -
263
Sttlion I Scbtdult Rult Rtmarks

59 13 -
59 14 -
59 64C -
Modes of
64, 70, 73, 73A, 74 etc. 26A payment of tax
bv the assessee
75 24 -
75,-,v,nt;) 25A -
750@,.!lL 25, 25A -
75(2)(d), 80 25AAA -
75(2)(d), 80 25AAAA -
75A 24A
- - -
82 38A R""•oled
82 64A -
Procedure of
820 388 spot
assessment
83A 38 R""taled
104 35
-- - -
107 61 -
107 62 -
107 63 -
107C 70 -
107C<n 72 -
107E 73 -
107F 74 75 -
108 23 -
I 109 20 -
110 19 -
111 3 Reoealed
111 4 Reoealed
111 5 Reoealed
111 6 Recealed
111 7 Reoealed
117 67 -
135(!) 26 -
139 68 -
150 36 -
1520 278 "-aled
152H(4) 27C .
1541 I) 27 -
154(!)_ 27A
- - -
15Rl5)
isoen
28 -
29 -
- t74(2Xe>
-- 37
-- -
IXMI) 64 Renealed
184AQ) 6488 -
1848 648 -
First Schedule - Part B 43 -
- First Schedule - Part B 49 -
264
Sttlion I Scbtdult Rult Rtmarks

First Scliedule • Part B 50 .
First Scliedule - Part B 51 .
First Schedule - Part B 52 .
First Scliedule - Part C 58A -
First Schedule - Part C 58B -
First Schedule - Part C 58C .
First Schedule - Part C 580 .
First Schedule • Part C SSE .
First Scliedule • Part C 58F .
Third Scl>Ldule. Puuaraob 213\{a) 41 .
.
- Third Scliedule • Puag~b 7(2)@
Third Schtdule - Pua .. nob 7A{2)1a'
40
40A .
Six Schedule. Part A. Para••raob 15 59B .
- Six Scliedule • Part A, Paraguaph 8
Six Schedule • Part A Paruaraoh 8
60
60A - _Repealed
Reoealed
Six Schedule - Part A. Paragaraph 8 60B Renealed
265
Tb, Ineeme Tax Ordlnan«, 1984 l.T. l\faau•l (Part-I)
(b) Individual Tax Rat,

2"' slab 3" slab 4" slab 5"' slab Individual, those
Assessment 1• slab who are non-
Year (Income Tax (Income Tax (Income ta.'< (Income resident in
Minimum Tax
(Income Tax Rates)
Rates) Rates) Rates) Tax Rates)
2010-2011 On the first tab 1,65,000 of total On the next l3ka On the next taka On the next
- On the
Ban~t.desh
25% Tk. 2,000
-
income - Nil 2,75,000 of total 3,25,000 of total tab 3,75,000 balance of
Provided that, age •> 65 of men, income is 10% income is 15% of total income total
women's t• slab is TK. 1,80,000 is20% income is
and person with disability I'' slab 25%
is Tk. 2,00,000
2011-2012 On the first taka 1,80,000 of total On the next taka On the next taka On the next On the 25% Tk. 2,000
income- Nil 3,00,000 of total 4,00,000 of total taka 3,00,000 balance of
Provided tbal, age => 65 of men, income is 1 O,'o income is 15% of total income total
women's 1 • slab is TK. 2,00,000 is20% income is
and person with disability I" slab 25%
is Tk. 2,50,000
2012-2013 On the lint l3ka 2,00,000 of total On the next l3ka On the next taka On the next On the 25% Tk. 3,000
income- Nil 3,00,000 of total 4,00,000 of total taka 3,00,000 balance of
Provided that, age => 65 of men,
women's t • slab is TK 2,25,000
income is 1 °'' income is 15% of total income
is20%
total
income is
and person with disability I• slab 25%
is Tk. 2,75,000
2013-2014 On the first l3ka 2,20,000 of total On the next l3ka On the next taka On the next On the 25% Tk. 3,000 (in case of
income- Nil 3,00,000 of total 4,00,000 of tota.l taka 3,00,000 balance of city corporation)
Provided that, age •>65 of men, income is 1 O,'. income is 15% of total income total Tk. 2,000 (in case of
women's t • slab is TK.. 2,50,000 is20% iucome is District HQ's
and penon with disability I" slab 25% Paurashaba)
is Tk. 3,00,000 Tk. 1,000 (in case of
other areas excluding
CC&HQP)
266
Compil,d by: Mosnm Gni
The Income Tu Ordinance, 1984 l.T. l\Ianual (Part-I)
2 .. slab 3"' slab 4" slab 5* slab 6"' slab PeBOD,, those who
Assessment I" slab
(Income (Income (Income (Income Tax (Income are non- resident Minimum Tax
Year (Income Tax Rates)
Tax Rates) Tax Rates) Tax Rates) Rates) Tax Rates) in Bangladesh
2014-2015 On the first 1alal 2,20,000 of total On the On the next On the On the next On the 30-/o Tic. 3,000 (in case of
income- Nil next tab taka next taka tab balance of city corporation)
Provided that, age •> 65 of men, 3,00,000 4,00,000 of 5,00,000 30,00,000 of total Tk. 2,000 (in case of
women's I" slab is TK.. 2,75,000; of total total of total total income income is District HQ's
person with disability l" slab is income is income is income is is25% -30'1, Paurashaba)
Tk. 3,50,000 and freedom fighter 10% 15% 20% Tk. 1,000 (in case of
injured in Liberation War is Tk. other areas excluding
4,00,000 CC&HQP)
2015-2016 On the firn taka 2,50,000 of total On the On the next On the On the next On the 30% Tic. 5,000 (in case of
income- Nil next 1alal tab nexttaka tab balance of Dhaka and Chittagong
Provided that, age => 65 of men, 4,00,000 5,00,000 of 6,00,000 30,00,000 of total city corporation)
women's t• slab is TK. 3,00,000~ of total total of total total income income is Tk. 4,000 (in case of
person with disability I" slab is income is income is income is is 25,, -30'1, other city corporation)
Tic. 3,75,000 and freedom fighter 10% 15% 20% Tic. 3,000 (in case of
injured in Lioention War is Tk. other areas excluding
4,25,000 city Corporation)
2016-2017 On the firn tab 2,50,000 of total On the On the next On the On the next On the 30% Tic. 5,000 (in case of
income- Nil next 1alal taka nexttaka 1alal balance of Dhaka North & Dhaka
Provided that, age => 65 of men, 4,00,000 5,00,000 of 6,00,000 30,00,000 of total Others: South and Chittagong
women's 1" slab is TK. 3.()(),000; of total tetal of total total income income is In case of city corporation)
person with disability I" slab is income is income is income is is25% -30% Cigarette,bidi, Tk. 4,000 (in case of
Tic. 3,75,000 10% 15% 20% z.arda, chewing other city corporation)
and freedom fighter (Gazetted) tobacco, gul or Tic. 3,000 (in case of
injured in Lioention War is Tk. any other other areas excluding
4,25,000 smokeless tobacco city Corporation)
Parents or legal guardian of or tobacco product
handicraft person is Tic. 25,000 manufacturer
over; i.e (2,50,ooo+25,000); (non- company)
267
Compiled by: Masum Gari In association with: Mahmudul Hasan
If the father and mother both are taxpayer's whose

taxpayer's the benefit will be businessincome
applicable for any one comes from the
above business-
45%
2017-2018 On the first raka 2,50,000 of totalOn the On the next On the On the next On the Tk. 5,000 (in case of
income .. Nil next tab taka next taka tab balance of Dhaka North & Dhab
Provided that, age •> 65 of men, 4,00,000 S,00,000 of 6,00,000 30,00,000 of total Othtrs: South and Chittagong
. . In case of
women's 1" slab is TIC.. 3,00,000; of total total of total totalincome mcome is city corporation)
Cigarette, bidi,
person with disability I" slab is income is income is income is is25% -30% Tk, 4,000 (in case of
zarda, chewing
Tk. 4,00,000 10% 15% 20% tobacco, gu1 or other city corporation)
and freedom fighter (Gazetted) auyother Tk, 3,000 (in case of
injured in Liberation War is Tk. smokelesstobacco other areas excluding
4,25,000 or tobacco product city Corporation)
Parents or legal guardian of manufacrw-er
(non- company)
handicraft pttSOn is Tk. 25,000
taxpayer's whose
over; i.e (2,SO,ooo+25,000); business income
If the father and mother both are comes from the
taxpayer's the benefir will be above business-
applicable for any one 45%
2018-2019 On the fust tab 2,50,000 of total On the On the next On the On the next On the 30% Tk, 5,000 (in case of
income-Nil nexttaka tab nexttaka taka balance of Others: Dhaka North & Dhaka
Provided that, age => 65 of men, 4,00,000 5,00,000 of 6,00,000 30,00,000 of total In case of South and Chittagong
women's 1" slab is TIC.. 3,00,000; of total total of total total income income is Cigarette, bidi, city corporation)
person with disability I" slab is income is income is income is is25% -30% zarda, chewing Tk. 4,000 (in case of
Tk. 4,00,000 10% is,, 20% tobacco, gut or other city corporation)
and freedom fighter (Gazetted) any other Tk. 3,000 (in ease of
injured in Li1>eration War is Tk. smokeless tobacco other areas excluding
Parents or legal guardiau of manufacturer
haudicraft person is Tk. 25,000 (non- company)
over; i.e (2,50,ooo+50,000 per taxpayer's whose
268
Compiled by: l\hsum Gari In association with: Mahmudul Hasan
child); business income

If the father and moth..- both are comes from the
taxpayer's the benefit will be above business-
2019-2020 On the fint iaka 2,50,000 of total On the On the next On the On the next On the 30,i TI:. 5,000 (in case of
income. Nil uext taka taka next taka tab bataece of Othtrs: Dha.ka North & Dhab
Provided that, age •> 65 of men, 4,00,000 S,00,000 of 6,00,000 30,00,000 of total lo case of South and Chittagong
women's 1 • slab is TK. 3,00,000; of total total of total total income income is Cigarette, bidi, city corporation)
. .
person with disability 1 • slab is income u income is income is is 25% -30% zarda, chewing TI:. 4,000 (in case of
Tk. 4,00,000 10% 15% 20% tobacco, gu1 or other city corporation)
and freedom fighter (Gazetted) any other Tk, 3,000 (in case of
injnred in Liberation War is TI:. smokeless tobacco other areas excluding
Parents or legal guardian of manufacturer
handicraft persoa is TI:. 25,000 (non- company)
over; i.e (2,.SO,OOO+S0,000 per taxpayer's whose
child); business income
If the father and mother both are comes from the
taxpayer's the benefit will be above business-
2020-2021 On the first ta.ka 3,00,000 of total On the On the next On the On the next On the 30% Tk,5,000 (in case of
income- Nil next ta.ka taka next tatca ta.ka balance of Others: Dhaka North & Dba.ka
Provided that, age => 65 of men, 1,00,000 3,00,000 of 4,00,000 5,00,000 of total lo case of South and Chittagong
women's t • slab is TK. 3,50,000; of total total of total total income income is Cigarette, bidi,. city corporation)
Person with disability 1 • slab is income is income is income is is20% 25% zarda, chewing TI:. 4,000 (in case of
Tlc. 4,S0,000 and freedom fighter S"lo 10% IS"lo tobacco, gul or other city corporation)
(Gazetted) injured in Liberation any other Tk. 3,000 (in case of
War is TI:. 4,75,000 smokeless tobacco other areas excluding
Parents or legal guardian of or tobacco product city Corporation)
handicraft person is TI:. 50,000 manufacturer
over; i.e (3,00,000 + 50,000 per (non- company)
child); taxpayer's . 45%
269
Compiled by: l\hsnm Gari In association with: Mahmudul Hasan
If the father and mother both are

taxpayer's the benefit will be
I
applicable for any one.
2"' slab 3m slab 4" slab 56 slab 6"' slab Person, those who
Assessment I" slab
(income (Income (Income (Income Tax (Income are non- resident Minimum Tax
Year (Income Tax Rates)
Tax Rates) Tax Rates) Tax Rates) Rates) Ta." Rates) in Bandadesh
2021.2022 On the fim ~lea 3,00,000 of total On the On the next Oothe On the next On the 30% Tk. 5,000 (in case of
income. Nil next tab taka next taka tab balance of Othtn: Dhaka North & Dhab
Provided that, age => 65 of men, 1,00,000 3,00,000 of 4,00,000 5,00,000 of total ln case of South aod Chittagong
of total total of total total income income is Cigarette, bidi,
women's and trangender 's 111 slab city corporation)
income is incomeis income is is20% 25% zarda, chewing
is TIC. 3,50,000; 5% 10,~ 15% Tic. 4,000 (in case of
tobacco, gu1 or
Person with disability I" slab is other city corporation)
any other
Tic. 4,50,000 and freedom fighter smokelesstobacco Tic. 3,000 (in case of
(Gazetted) injured in Liberation or tobacco product otherareas excluding
War is Tic. 4,15,000 manufacmrer city Corporation)
Parents or legal guardian of (non- company)
handicraft penon is Tic. 50,000 taxpayer's· 45%
over; i.e (3,00,000 + 50,000 per
child);
aonlicable foranv one.
2022-2023 On the lint taka 3,00,000 of total On the On the next On the On the next Oothe 3000 Tic. 5,000 (in case of
income - Nil oexttaka taka nexttaka tab balance of Others: Dhaka North & Dhab
Provided that, age => 65 of men, 1,00,000 3,00,000 of 4,00,000 5,00,000 of total ln case of South and ~gong
oflotal total of total total income income is Cigarelt<!. bidi,
women's and trangender's I" slab city corporanon)
income ts mcome is income lS .. 20". 25% zarda. chewing
is TIC. 3.50,000 5•. 10•. 15% Tk. 4,000 (m case of
tobacco, gut or
Person w,lh chsabilicy 1 • slab is other city corporauon)
111y other
Tk, 4,50.000 and freedom fighter smokelesstobacco Tic. 3,000 (in case of
(Gazetted) injured in Liberation or tobacco product other areas excluding
War is Tk. 4,75,000 manufacturer city Corporation)
Parents or legal guardian of (non- company)
handicraft person is Tk. 50,000 taxpayer's - 45%
270
Compiled by: Masum Gari In association with: Mahmudul Hasan
over; i.e {3,00.000 - 50,000 per

child);
anolicable for any~- _._
--
{c) Rate of Sure.bare• for an lndMdual Asse~s..
Asstssment
2014-2015 2015-2016 2016-2017 2017-2018
Ytar
If value of oet assets is- ff value of net assets is- If value of net assets is- ff valueof net assets is-
Tk. 0 - 2 Crore O'/o Tk. 0 - 225 Crore 0% Tk. 0 - 225 Crore O,'e Tk. 0- 2.25 Crore 00/o
Tk. Above 2 core -10 core 10% Tk. Above 2.25 core -10 core 10% Tk. Above 2.25 core -5 core 10,~ Tk. Above 2.25 core -5 core 10%
Tk. Above 10 core-20 core 15% Tk. Above IO core -20 core 15% Tk. Above 5 core -10 core 15% Tk. Above 5 core -10 core 15%
Tk. Above 20core -30 core 20% Tk. Above 20 core -30 core 20% Tk, Above 10 core -15 core 2W. Tk. Above IO core -15 core 20"/o
Tk. Above 30 core 25% Tk. Above 30 core 25% Tic. Above 15 core -20 core 25% Tk. Above 15 core -20 core 25,,
Tic. Above 20 core 3W. Tk. Above 20 core 30"/o
Minimum amouul of surchage is Tic. Minimum amoua! of surchage is Tk.
3,000 if net assets exceeds 2.25 coce 3,000 if net assets exceeds 225 core
Asstssment
2018-2019 2019-2020 2020-2021 2021-2022
Year
If value of oet assets is- If value of net assets is- If value of net. assets is- If valueof net assets is-
Tk. 0 - 225 Crore 0% Tk. 0 - 3 Crore 0% Tk. 0 - 3 Crore 0% Tk. 0 - 3 Crore oo;.
Tk. Above 225 core -5 core 10% Tk, Above 3 core -5 core 10% Tk. Above 3 core-5 core 10% Tk. Above 3 core- IO core 10-J.
Or, Assessee hu'U!g more than O I Or, Assessee having more than 01 Or, Assessee having more than 01 Or. Assessee having more than 01
motor vehicles in his/her own meter vehicles in his/her own motor ,·ehicles in his/her own name; motor vehicles in his/her own name;
name; name; Or, ha,,ing at least 8,000 square feet Or, having at least 8,000 square feet
Or, having 11 least 8,000 square Or, havin& at least 8,000 square feet house p,opetty in any city corporation house propertyin any city
feet house property in city house property in any city Tic. Above 5 core -10 core 15% ccrporaticn
corporation corporation Tk. Above IO core -15 core 2W. Tk. Above IO core - 20 core 20'/o
Tk. Above 5 core -IO core 15% Tk. Above 5 core -IO core 15% Tk. Above 15 core -20 core 25% Tk. Above 20 core - 50 core 30"/o
Tk. Above lOcore-15 core 20% Tk. Above IO core -15 core 20% Tk. Above 20 core 30"/o Tk. Above 50 core 35%
Tk. Above 15 core-20 core 25% Tk. Above 15 core -20 core 25% t.finimnm surcharge, if applicable, for
271
Compiled by: l\hsum Gari In association with: Mahmudnl Hasan
Tk. Above 20 core 30% Above 20 core

Tk, 30% assesse having uet wealth from 3
Minimum surcharge, if applicable, Minimum surcharge, if applicable, crore up to Tk, 10 crore (including
for assesse having net wealth from for assesse having net wealth from more th.an 01 motor vehicles and
2 .2 5 crore up to Tk, IO crore 3 crore up to Tic IO crore 8,000 square feet house property) Tk,
(including more than 01 motor (including more than 01 motor 3,000 but net wealth over Tk. 10
vehicles and 8,000 square feet vehicles and 8,000 square feet crore, the minimum .surcharge will be
house property) Tk. 3,000 but net house property) Tk. 3,000 but net Tk. 5,000.
wealth ever Tk. 10 crore, the wealth ever Tk. 10 crere, the Net wealth more than Tk. SO crore,
DJJmmum surcharge will be Tk. minimum sw-chai-ge will be Tk. minimum surcharge will be higher of
5,000 5,000. 0.1% of net worth or 30% of tax
Net wealth more than Tk. 50 crore, payable on total taxable income
minimum surcharge will be higher
of 0.1% of net worth or 30% of tax
payable on total taxable income
Ass,,smtnt
2022-2023
Ytar
If value of net asset> 15·
Tk. 0 . 3 Crore -----···-·-····· ------ o,-.
Tk. Above 3 core- JO core-----·--·- ------ 10,;,
Or, Assessee having more than OJ motor vehicles in his/her own name;
Or, having at least 8,000 square feet house p,ope,ty in any city corporation
Tk, Above 10 core. 20 core--····-·· ----- 2M'O
Tk. Above 20 core. 50 core--·······------------······-·· 3000
Tk. Above 50 core·--·········-··-·····------··-·········· 35•.
272
(d) Company Tax Rat•

~
Non- publicly traded
Assessment Bank, insurance &
company, private Tax on
Year Publicly traded company Financial Other type- of assessees Minimum Tu
limited company and Divid•nd
institution
non~ t"fsident comnanv
2010.2011 27.5% I 37.5% 42.5% Mobile phone operator 20-/e Tk. 5,000 irrespective
com-ftv 45% if listed 35% of loss or 2lin
2011.2012 27.5% 37.5% 42.5% In case of listed cigarette 2~~ 0.50% of the gross
manufacturing company 35%; receipt
Mobile phone operator
c 45% if listed 35%
2012-2013 27.5% 37.5% 42.5% In case of cigarette 20% 0.50% of the gross
In case of Merchant manufacturing company 42.5% receipt
Banks-37.5% if lis1ed 35%; Mobile phone
operator company 45%, if listed
2013-2014 27.5% 37.5% 42.5% I 35%

In ease of cigarette 20-/e 0.50% of the gross
In case of Merchant
Banks-37.5% I manufacturing company 45% if
listed 40%; Mobile phone
opentor company 45%, if listed
receipt
40,9
2014-2015 27.5% 35% 42.5% In case of cigarette 20,., 0.30% of the gross
In case of Merchant manufacturing company 45% if receipt
Banks-37.5% lis1ed 40%; Mobile phone
operator company 45%, if lis1ed
40,'e
2015-2016 25% 35% Publicly traded In case of cigarette 20,, 0.30% of the gross
company-40% manufacturing company 45%; receipt
Non-Publicly traded Mobile phone operator
company-42.5% company45%
lfapproved in 2013-
40%
In case of Merchant
Banks-37.5%
I
273
-Assessment r.on- publicly traded Bank, Insurance &

-- -
company, private- Tax on
Year Publicly traded company Financial Other rype of assessees Minimum Tax
limited company and Dividead
institution
non- resident compan-v
2016-2017 25% 35% Publicly traded ln case of Cigarette, bidi, zarda, In case of Cigarette,
company-40% chewing tobacco, gut or any bidi, zarda, chewing
Non-Publicly traded othe< smokeless tobacco or tobacco, gul,
company-42.5% Tobacco products smokeless tobacco «
If approved in 2013- manufacturing company 45%; any other tobacco
40,~ Mobile phone operator products-I% of the
ln case of Merchant company45% gross receipt
Banks-37.5% Mobile phone
operator company-
0.75% of the gross
receipt
Any other cases-
0.60% of the gross
... re«ipt _
2017-2018 25% 35% Publicly traded ln esse of Cigarette, bidi, zarda, In case of Cigarette,
company-40% chewin& tobacco, gul or any bidi, zarda, chewing
Non-Publicly traded other smokeless tcbacco or tobacco, gul,
company-42.5% Tobacco products smokeless tobacco or
If approved iu 2013- manufacturing company 45%; any other tobacco
40'/o Mobile phone operator products-I% of the
ln case of Merchant company45% gross receipt
operator company-
0.75% of the gross
receipt
Ally other cases-
0.60% of the gross
201S-2019 25% 35%

-
Publicly traded ln case of Cigarette, bidi, zarda,
- 2~i
- r~p.!.._
ln case of Cigarette,
company-37.5% chewing tobacco, gut or any bidi, zarda, chewing
Non-Publicly traded other smokeless tobacco or tobacco, gut,
company-40%
If aeoroved in 2013- I Tobacco products
manufacturi.ne; company 45%;
smokeless tobacco or
anv other tobacco
274

-- -
Year Publicly traded company
limited company and
Financial Other rype of assessees
Dividead
Minimum Tax
institution
40% Mobile phone operator products-I% of the
In case of Merchant compaoy45% gross receipt
Bw:s-37.5% Mobile phone
operator company-
0.75% of the gross
receipt
An..y other cases-
0.60% of the gross
receiot
2019-2020 25% 35% Publicly traded In case of Cigarette, bidi, zarda, 20% In case of Cigarette,
company-37.5% chewing tobacco, gul or any bidi, zarda, chewing
Non-Pnblicly traded other smokeless tobacco or tobacco, gut.
compaoy-40% Tobacco products smokeless tobaccoor
If approved in 2013- manufachlring company 45%; any other tcbacec
40% Mobile phone operator products-1% oftbe
In case of Merchant company 45,~ gross receipt.
operator company-2
I o/o of the gross receipt

Any other cases-
0.60% of the gross
receiot
2020-2021 25% 32.5% Pnblicly traded In case of Cigarette. bidi, zarda, 20% In case of Cigarette,
Association of person company-37.5% chewing tobacco, gul or any bidi, zarda, chewing
32.5% Non-Pnblicly traded other smokeless tobacco or tobacco, gul,
compaoy-40% Tobacco products smokeless tobacco or
In case of Merchant manufachlring company 45%; any other tobacco
Banks-37.5% Mobile phone operator products-I% of the
company45% gross receipt.
Mobile phone
operator company-2
I % of the gross receipt

• Anv other cases-
275

-- -
Year Publicly traded company Financial Other rype of assessees Minimum Tax
limited company and Dividead
institution
0.60% of the gross
receipt Individual
having gross receipt 3
core or more-O.SO%
2021-2022 22.5% > Private limited and > Publicly traded > In case of Cigarette, bidi, 20% > Incase of Cigarette,
non-resident company - company - 37.5% zarda, gul or any other bidi, zarda, chewing
30% smokeless tobacco or Tobacco tobacco, gul,
> Non-Publicly
>OPC-25% traded company - products manufacturiug smokeless tobacco or
company - 45%; any other tobacco
> Association of persons 40%
products - I% of the
-30% > In case of > Mobile phone operator
company - 45% gross receipts
Merchant Banks -
37.5% > Co-operative soricety - IS% > Mobile phone
operator - 2% of the
> Private University, Medical gross receipt's
College, Dental College,
Eagiaeeriag College, and > Individual having
gross receipts taka 3
College engaged in providing
crore or more - 0.25,o
education relating to
i.nfonnation and technology - > Any other cases -
_L 0.60% of the gross

receipts
-
276
Publicly
Publicly traded traded :-ion- publicly
company company traded company, Bank. Insuranee
AssessmentYear Other type of Tax on
(Issued above (Issued Jess private Iimited & Financial Minimum Tu
assessees Dividend
10% shares than 10% company and non- institution
through IPO) shares resident company
throueh IPO)
2022-2023 20•.• 22.S%• Pnvate hmlted and Publicly traded In case of Caguette > In case of Cigarette,
• All receipts and • All receipts non.resident con,pany. 37.s•. btdi, zarda, gul or any bida, z:arda. chewing
mcome must be and mcome company- 27.5%/ other smokeless tobacco, gul.
transacted mus.t be > Non-Publicly
30".· traded con,pany . tobacco or Tobacco smokeless tobacco or
through bank transacted
products any other tobacco
transfer and all through bank
expenses and transfer and all
>OPC-22.5%/
2s,••
40%
> In case of
manufacturing products . 1,. of the
investmeats over expenses and company . 45%; gross receipts
> Association of Merchant Banks .
Tk. 5 lakh in investments
persons - 27 .s,~t 37.5,. > Mobil• phone > Mobile phone
case or each over Tk. 5
smgle transaction lakh in case of 30*o• operator company . operator. 2•. of the
and accumulated each single 45,-, gross rece,pts
amount is Tk. 36 transaction and • AU receipts and
10Come must be > Co-operauve > lndmdual ha\'lllg
lakh m a year accumulated
transacted through soricety- 15% gross rece,pts tab 3
must be amount is Tk,
36 lakh in a bank transfer and all crore or more . 0.25~
transacted > Private University,
through bank year must be expenses and
Medical College, > Any other cases .
transfer. transacted investments over Tk.
Dental College, 0.60% of the gross
Otherwise, tax through bank 5 la.kb. in case of each
receipts
shall be 22.s•. transfer. single trans.action and Engineering College,
>For start up sandbox
Otherwise, tax accumulated amount and College engaged
0.10,~
shall be 25'• lS Tk. 36 lakh in a in providing educatton
year nlUSt be relating to inforn,auon
tnnsaded through
bank transfer to enjoy
and technology· 1s•.
the benefit of 2.5%
reduce rate.
----Thank You----
277
Finance Act. 2022
10990 evsjv‡`k †M‡RU, AwZwi³, Ryb 30, 2022
S( T
Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) % &
ER। Ordinance No. XXXVI of 1984 section 2 % & ।-

Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984),
Ordinance , section 2 -
(,) clause (2) sub-clause (c) sub-clause (c)

, !" :-
“(c) where the amalgamated company is a Bangladeshi
company and the shareholders holding not less than 75%
(seventy five percent) 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; or”;
( ) clause (2) sub-clause (c) 4 sub-clause (d)

%! U , !" :-
“(d) where the amalgamated company is a foreign company
and the shareholders holding not less than 75% (seventy
five percent) in value of the shares in the amalgamating
foreign company or companies that directly or indirectly
holds or hold shares in a Bangladeshi 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;”;
(V) clause (12) 4 clause (12A) 3 ,

!" :-
“(12A) “bank transfer” includes transfer of money by crossed

cheque, mobile financial services or any other digital
means approved by the Bangladesh Bank;”;
278
Finance Act. 2022
evsjv‡`k †M‡RU, AwZwi³, Ryb 30, 2022 10991
(W) clause (16) clause (16) , !" :-

“(16) “charitable purpose” means-
(a) relief of the poor, education relief, medical relief;
and
(b) the advancement of any other object of general
public utility:
Provided that the advancement of any other
object of general public utility shall not be
considered as charitable purpose, if it is not
approved by the Board and involves-
(i) carrying out any activities in the nature

of trade, commerce or business in
whatever form and manner; or
(ii) rendering any service for a consideration

and the aggregate value of such
consideration in any income year
exceeds Taka twenty lakh;”;
(X) clause (28) 4 clause (28A) 3 , !" :-
“(28A) “export” means supply of goods and services from inside

to outside the geographical limits of Bangladesh and
shall include supply of locally manufactured raw
materials and other inputs to export oriented industry
under internal back to back letter of credit;”;
(0) clause (54) 4 clause (54A) 3 , !" :-
“(54A) “research and development” means any systematic,

investigative and experimental study that involves
novelty or technical risk carried out in the field of
science or technology with the object of acquiring new
knowledge or using the results of the study for the
279
Finance Act. 2022
production or improvement of materials, devices,

products, produce, or processes, but does not include-
(a) quality control or routine testing of materials,
devices or products;
(b) research in the field of social science including
the arts and humanities;
(c) the creation or development of financial
instruments or financial products;
(d) market research or sales promotion; routine data
collection, efficiency surveys or management
studies;
(e) routine modifications or changes to materials,
devices, products, processes or production
methods;
(f) cosmetic modifications or stylistic changes to
materials, devices, products, processes or
production methods; or
(g) the creation or enhancement of trademarks or
goodwill;”;
(Y) clause (61) 4 clause (61A) 3 , !" :-
“(61A) “supply of goods” means transfer of the right of goods by

way of sale, exchange or otherwise including sale under
hire purchase agreement or finance lease;”;
(U) clause (62A) -
( ) sub-clause (ii) 4 sub-clause (iia)
3 , !" :-
“(iia) in the case of an assessee, who is an individual

and has not submitted return before, the thirtieth
day of June following the end of the income
year;”;
280
Finance Act. 2022
(C) sub-clause (iii) * “sub-clauses (i) and (ii)”

, %/ ; 01 “this clause”
।
EE। Ordinance No. XXXVI of 1984 section 16 % & ।-

Ordinance section 16 sub-section (3) sub-section (3)
, !" :-
“(3) Notwithstanding anything contained in sub-section (1), income tax
shall be charged at the rates specified in Chapter VII and the
Second Schedule in respect of-
(i) any income classifiable under the head “Capital gains”;
(ii) any income by way of “dividend” referred to in clause
(26) of section 2; and
(iii) any income by way of “winnings” referred to in section
19(13).”।
EN। Ordinance No. XXXVI of 1984 section 19 % & ।-

Ordinance section19 -
(,) sub-section (11) "( proviso * “assessee”
“being individual” 3 ;
( ) sub-section (21)-
( ) proviso (b) proviso (bb) 3
, !" :-
“(bb) deposits received by a Bank or a financial
institution or an organization registered with
Micro Credit Regulatory Authority or NGO
Affairs Bureau shall not be deemed to be an
income under this sub-section.”;
(C) proviso (c) sub-proviso (ii) *
“parents” “or sons or daughters”
3 ;
( ) Explanation Z[ ।
EO। Ordinance No. XXXVI of 1984 section 19AAAA

।- Ordinance section 19AAAA Z[ ।
281
Finance Act. 2022
E'। Ordinance No. XXXVI of 1984 section 19AAAAA

।- Ordinance section 19AAAAA Z[ ।
EQ। Ordinance No. XXXVI of 1984 section 19F % section

19G % ! U ।- Ordinance section 19E 4 section 19F %
section 19G % ! U , !" :̶
19F. Special Tax Treatment in respect of undisclosed
offshore assets.- (1) Notwithstanding anything contained in this
Ordinance or any other law for the time being in force, no question as to
the source of the undisclosed asset located outside of Bangladesh shall be
raised by any authority if an assessee pays, before the submission of return
of income applicable for the assessment year 2022-2023, tax at the rate
specified in the following table:
Table
Description of the Asset Rate of tax
Any cash or cash equivalents, bank deposits, bank notes, 7%
bank accounts, convertible securities and financial
instruments if repatriated to Bangladesh through banking
channel
(2) Where an assessee repatriates any sum from abroad under the
scheme of this section, the bank responsible for crediting to the
account of the assessee shall deduct tax in accordance with sub-
section (1) before crediting and give a certificate of such deduction
to the assessee.
(3) Subject to sub-section (2), tax under this section shall only be paid
by automated challan.
(4) The provisions of this section shall not apply to cases where any
proceeding has been drawn on account of tax evasion or criminal
activities under any provision of this Ordinance or any other law
by thirtieth June, 2022.
(5) For the purpose of this section, “return” shall include amended
return under section 82BB or revised return under section 78 and
be submitted by thirtieth day of June, 2023.
282
Finance Act. 2022
19G. Penalty for any offshore asset not disclosed in the return.- (1)
Without prejudice to any other liability which may incur under any other
provision of this Ordinance and any other law for the time being in force,
where any person being a resident Bangladeshi is found to be the owner of
any offshore asset not disclosed in the return and the assessee offers no
explanation about the nature and source thereof or the explanation offered
is not satisfactory, the Deputy Commissioner of Taxes shall, after ensuring
a reasonable opportunity of being heard, proceed to recover from such
person the amount of penalty equal to the fair value of such offshore asset.
(2) The Deputy commissioner of Taxes shall have the authority to

recover the penalty under this section by confiscating or selling
any asset held by or on behalf of the assessee.
(3) The Deputy of Commissioner of Taxes shall have the power to

conduct an offshore investigation, where he has reason to believe
that an assessee has offshore assets not disclosed in the return.
(4) To prevent holding undisclosed offshore asset and to recover such

undisclosed asset, the Board shall have the power to-
(a) take necessary action as it deems fit; or
(b) allow, conduct, permit, arrange an inquiry or investigation

by any income tax authority not being below the rank of
Deputy Commissioner of Taxes.”
E5। Ordinance No. XXXVI of 1984 section 29 % & ।-

Ordinance section 29 sub-section (1) -
(,) clause (v) Z[ ;
( ) clause (xix) * “scientific research”
“research and development” ;
(V) clause (xx) * “scientific research”
“research and development” ;
(W) clause (xxi) Explanation “and in clauses (xix) and
(xx)” Z[ ।
283
Finance Act. 2022
E?। Ordinance No. XXXVI of 1984 section 30 % & ।-

Ordinance section 30 -
(,) clause (e) “five lakh and fifty thousand”
“ten lakh” ;
( ) Explanation-2 Z[ ।
1I। Ordinance No. XXXVI of 1984 section 32 % & ।-

(,) sub-section (5) 4 sub-section (5A) 3
, !" :-
“(5A) Where any capital gain arises from any transfer of
capital asset in a scheme of amalgamation, no tax
shall be charged under section 31:
Provided that in a scheme of amalgamation, any
consideration received by the shareholders of the
amalgamating companies in any manner other than
the shares of the amalgamated company shall be
subject to applicable tax.”;
( ) sub-section (7) Z[ ।
1M। Ordinance No. XXXVI of 1984 section 35 % & ।-

Ordinance section 35 sub-section (3) * “the Companies Act,
1913 (VII of 1913) or *, \ ) C , EBB' (EBB' E@ % C )” ,
%/ ; 01 “clause (20) of section 2” ; 01
।
89। Ordinance No. XXXVI of 1984 section 42 % & ।-

Ordinance section 42 sub-section (7) 4 sub-section (8)
%! U , !" :-
“(8) In a scheme of amalgamation, the amalgamated company shall
have the right to carry forward the accumulated loss and the unabsorbed
depreciation of the amalgamating company as if the loss or the unabsorbed
depreciation, as the case may be, has been the accumulated loss or the
unabsorbed depreciation of the amalgamated company in the income year in
which the amalgamation took place.” ।
284
Finance Act. 2022

81। Ordinance No. XXXVI of 1984 section 44 % & ।-
(,) sub-section (2) clause (b) clause (b)
, !" :-
“ (b) an assessee, being a resident or a non-resident
Bangladeshi, shall be entitled to a credit from the amount of tax
payable on his total income at the rate of 15% (fifteen percent) of
the eligible amount:
Provided that an assessee who fails to submit return of
income as required under section 75 shall be entitled to a
credit from the amount of tax payable on his total
income at the rate of 7.5% (seven point five percent) of
the eligible amount.”;
( ) sub-section (2) clause (c) sub-clause (ii) *
“25%” %/ ; 01 “20%” %/ ; 01
;
(V) sub-section (5) clause (a) clause (a)
, !" :-
“(a) the income of a person for the relevant income year shall
not be-
(i) exempted from tax; or
(ii) subject to reduced rate of tax;
in an assessment year if the person fails to-
(i) submit the return of income as required under
section 75; or
(ii) comply with any provision of Chapter VII of
this Ordinance; or
(iii) receive all the receipts from the sources, income
from which is subject to tax exemption or
reduced rate of tax, through bank transfer:
Provided that the provision of receiving the
receipts through bank transfer shall not be
applicable for an assessee being individual
having gross receipts not exceeding Taka one
crore in an income year:
Provided further that the provision of receiving
the receipts through bank transfer shall not be
applicable for income derived from agriculture
or farming.”।
285
Finance Act. 2022
88। Ordinance No. XXXVI of 1984 section 49 % & ।—

Ordinance section 49 sub-section (1) clause (zzff) ]
^ _ * (, % à 4 clause
%! U , !" :-
“(zzg) income derived from the operation of inland ships;
(zzh) income derived from the operation of commercial vehicles.”।
8E। Ordinance No. XXXVI of 1984 section 52 % & ।-

(,) sub-section (1) proviso (a) proviso (a)
, !" :-
“(a) the rate of tax shall be fifty percent (50%) higher if the
payee fails to submit proof of submission of return at the
time of making the payment;”;
( ) sub-section (1) proviso (bb) proviso (bb)
, !" :-
(bb) the rate of tax shall be fifty percent (50%) higher if the
payee does not receive payment by bank transfer;”;
(V) sub-section (2) clause(a) -
( ) item (xv) ] and Z[ % item
(xvi) items (xvi) , !" :-
“(xvi) hotel, resort, community center and transport
agency having annual turnover exceeding Taka
one crore;”;
(C) item (xvi) 4 item (xvii) % ! U ,
!" :-
“(xvii) an artificial juridical person;”।
8N। Ordinance No. XXXVI of 1984 section 52AA % & ।-
Ordinance section 52AA sub-section (1) sub-
section (1) , !" :-
“(1) Where any payment is to be made by a specified person to a
resident on account of a service as mentioned in this section, the person
286
Finance Act. 2022

responsible for making the payment shall, at the time of making such payment,
deduct income tax at the rate specified in the Table below:-
Table
SL.
Description of service and payment
No Rate
1. Advisory or consultancy service 10%
2. (i) Professional service;
(ii) technical services fee; or
(iii) technical assistance fee. 10%
3. (i) Catering service;
(ii) Cleaning service;
(iii) Collection and recovery service;
(iv) Private security service;
(v) Manpower supply service;
(vi) Creative media service;
(vii) Public relations service;
(viii) Event management service;
(ix) Training, workshop, etc. organization
and management service;
(x) Courier service;
(xi) Packing and Shifting service;
(xii) Any other service of similar nature-
(a) on commission or fee
10%
(b) on gross bill amount 2%
4. Media buying agency service
(b) on gross bill amount 0.65%
5. Indenting commission 8%
287
Finance Act. 2022
SL.
Description of service and payment
No Rate
6. Meeting fees, training fees or honorarium 10%
7. Mobile network operator, technical support 12%
service provider
8. Credit rating service 10%
9. Motor garage or workshop 8%
10. Private container port or dockyard service 8%
11. Shipping agency commission 8%
12. Stevedoring/berth operator /terminal
operator/Ship handling operator -
(b) on gross bill amount 5%
13. (i) Transport service, carrying service,
vehicle rental service, Repair and
maintenance service;
(ii) Any other service under any sharing 5%
economy platform including ride
sharing service, coworking space
providing service and
accommodation providing service;
14. Wheeling charge for electricity transmission 3%
15. Internet Service 10%
16. Service delivery agents engaged in mobile

financial services or channel partners of 10%
mobile financial services
17. Any other service which is not mentioned in
Chapter VII of this Ordinance and is not a
service provided by any bank, insurance, 10%
;
mobile financial services or financial
institutions. ”
288
Finance Act. 2022

Provided that-
(a) if the amount for services mentioned in SL No. 3 and 4 of the
Table shows both commission or fee and gross bill amount tax shall
be the higher amount between (i) and (ii) where-
(i) tax calculated on commission or fee applying the relevant rate
in the table; and
(ii) B x C x D, where-
B = Gross bill amount.
C = 10% of Sl. 3 and 2.5% for Sl. 4, and
D = rate of tax applicable on commission or fee;
(b) the rate of tax shall be fifty percent (50%) higher if the payee fails
to submit proof of submission of return at the time of making the
payment;
(c) the rate of tax shall be fifty percent (50%) higher if the payee does
not receive payment by bank transfer;
(d) where the Board, on an application made in this behalf, gives
certificate in writing that the person rendering such service is
otherwise exempted from tax under any provision of this
Ordinance, the payment referred to in this section shall be made
without any deduction or with deduction at a lesser rate for that
income year.”।
8L। Ordinance No. XXXVI of 1984 section 52Q % & ।-

Ordinance section 52Q b ) proviso proviso (ii) *
“paragraph 48” ; %/ “and 61” ; %/ 3 ।
8O। Ordinance No. XXXVI of 1984 section 53BB ।-

Ordinance section 53BB section 53BB
, !" :-
“53BB.Deduction of tax from export proceeds of goods.- (1)The Bank,

through which export proceeds of goods of an exporter is received, shall deduct
tax at the rate of 1% (one percent) of total export proceeds at the time of crediting
the proceeds to the account of the exporter.
(2) 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, the Bank shall make credit to the
account of an assesse without any deduction of tax or deduction of tax at a rate
lesser than the rate specified in this section for the period mentioned in that
certificate.”।
289
Finance Act. 2022
8P। Ordinance No. XXXVI of 1984 section 53BBBB

।- Ordinance section 53BBBB Z[ ।
8I। Ordinance No. XXXVI of 1984 section 53F ।-

Ordinance section 53F section 53F ,
!" :-
“53F. Deduction at source from interest on saving deposits and
fixed deposits, etc.- (1)Notwithstanding anything contained in this Ordinance or
any other law for the time being in force in respect of exemption of tax, any
person responsible for paying to a resident any sum by way of interest or share of
profit on any saving deposits or fixed deposits or any term deposit maintained
with any bank including a co-operative bank or any bank run on Islamic
principles or non-banking financial institution or any leasing company or 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 provided in the
following table-
Table
Sl. Types of the payee Rate
No.
1. Where the payee is a company 20%
Where the payee is a person other than a 10%
2.
company
Where the payee is a public university, or an 10%
educational institution whose teachers are
enlisted for Monthly Pay Order (MPO),
following the curriculum approved by the
Government and whose governing body is
3. also formed as per Government rules or
regulations, or any professional institute
established under any law and run by
professional body of Chartered Accountants,
Cost and Management Accountants or
Chartered Secretaries
Where the payee is recognized provident 5%
4. fund, approved gratuity fund, approved
superannuation fund or pension fund
290
Finance Act. 2022
(2) Where the payee being a person required to submit return under
section 75 fails to furnish proof of submission of return, the rate of deduction
shall be 50% higher.
(3) For the purpose of sub-section (2), the proof of submission of
return of parent shall be considered as the proof of submission of return of a
minor.
(4) Nothing contained in this section shall apply-
(a) to interest or share of profit arising out of any deposit
pension scheme sponsored by the Government or by
a Bank with prior approval of the Government; or
(b) to such payee or class of payees as the Board may, by a
general or special order, specify that income of such
payee or class of payee is otherwise exempted from
tax.”।
8M। Ordinance No. XXXVI of 1984 section 53HH ।-

Ordinance section 53HH section 53HH
, !" :-
“53HH. Collection of tax from lease of property.- Any registering
officer responsible for registering, under the Registration Act, 1908 (XVI of
1908), any document in relation to any lease of immovable property for not less
than ten years shall not register such document unless tax is paid at a rate of four
per cent by the lessor on the lease amount of such property.”।
E9। Ordinance No. XXXVI of 1984 section 53J % & ।-

Ordinance section 53J
(,) ]+), “rental value of” “water body
or” 3 ;
( ) sub-section (1) “on accounting of renting”
“water body not being government property”
3 ।
291
Finance Act. 2022
E1। Ordinance No. XXXVI of 1984 section 53Q % section

53R 3 ।- Ordinance section 53P 4 section 53Q
% section 53R 3 , !" :-
“53Q. Collection of Tax from motorvehicles plying commercially.-
(1)The personresponsible for the registration and fitness renewal of
motor vehicles shall not register or allow fitness renewal unless, a
challan of advance tax at the rate given in the following table is attached
with the application:
Table
Serial Description of the vehicle Rate (in

No. taka)
1. Bus having seats exceeding 52 16,000/-
2. Bus having seats not exceeding 52 11,500/-
3. Air conditioned Bus 37,500/-
4. Double decker Bus 16,000/-
5. Air conditioned (AC) Minibus/Coaster 16,000/-
6. Non-AC Minibus/Coaster 6,500/-
7. Prime mover 24,000/-
Truck, Lorry or Tank Lorry having 16,000/-
8.
payload capacity exceeding five tons
9. payload capacity exceeding one and half
tons but not exceeding five tons
10. payload capacity not exceeding one and
half tons
Pickup van, human hauler, maxi or auto 4,000/-
11.
rickshaw
12. Air conditioned Taxicab 11,500/-
13. Non-AC Taxicab 4,000/- .
(2) In case of registration or fitness renewal of a vehicle for more

than one year, advance tax under sub-section (1) shall be collected on or before
30th June in every subsequent year or years following the year in which
registration or fitness renewal of the vehicle has been done.
292
Finance Act. 2022
(3) Where any person fails to pay advance tax in accordance with
sub-section (2), the amount of advance tax payable shall be calculated in
accordance with A+ B formula, where-
A= the amount of advance tax not paid in the previous
year or years; and
B= the amount of advance tax payable under sub-section
(2) for the year in which an asseesee is making the
payment.
(4) Advance tax under sub-section (2) shall not be collected if the
vehicle is owned by-
(i) the government and the local government;
(ii) a project, programme or activity under the

government and the local government;
(iii) a foreign diplomat, a diplomatic mission in

Bangladesh, United Nations and its offices;
(iv) a development partner of Bangladesh and its

affiliated office or offices;
(v) an educational institution under the Monthly

Payment Order of the Government;
(vi) a public university;
(ix) an institution that has obtained a certificate from the

Board that advance tax shall not be collected from it.
53R. Collection of tax from inland ships.- (1)The person responsible

for granting a certificate of survey or renewing a certificate of survey under the
Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976) shall not grant
or renew such certificate of survey unless a challan of advance tax computed at
the rate given in the following table is attached with the application:
293
Finance Act. 2022
Table
Serial Description of Vessel Rate

No.
(1) (2) (3)
1. Inland ships engaged in Taka 125 per passenger
carrying passengers in (carrying capacity of an
inland water inland ship shall be the
capacity of daytime
plying in smooth waters)
2. Cargo, Container Taka 170 per gross
(multipurpose) and tonnage
Coaster engaged in
carrying goods in inland
water
3. Dump barge engaged in Taka 125 per gross
carrying goods in inland tonnage.
water
(2) In case of granting a certificate of survey or renewing a

certificate of survey for more than one year, advance tax under sub-section (1)
shall be collected on or before 30th June in every subsequent year or years
following the year in which grant of or renewal of such certificate has been done.
(3) Where any person fails to pay advance tax in accordance with
sub-section (2), the amount of advance tax payable shall be calculated in
accordance with A+ B formula, where-
A = the amount of advance tax not paid in the previous year or
years; and
B= the amount of advance tax payable under sub-section (2)
for the year in which an asseesee is making the payment.
(4) For the purpose of this section ‘inland ship’ and ‘inland water’
shall have the same meaning as defined in the Inland Shipping Ordinance, 1976
(Ordinance No. LXXII of 1976).”।
294
Finance Act. 2022

Ordinance section 56 sub-section (1) Table SL. No. 27
, !" :-
“ 27. Bandwith payment 10%
28. Any other payments 20%
”।
E3। Ordinance No. XXXVI of 1984 section 57 ।-

Ordinance section 57 section 57 , !" :-
“57. Consequences of failure to deduct, collect, etc.- (1)Where a

person-
(a) fails to deduct or collect tax at source as required by or
under the provisions of this Chapter; or
(b) deducts or collects tax at a lesser rate or in lesser
amount; or
(c) after deducting or collecting tax under this Chapter, fails
to pay the same to the credit of the Government, or pays
to the credit of the Government an amount lower than
the collected or deducted amount; or
(d) fails to comply with any other provision of this Chapter;
such person shall be deemed to be an asseesee in default,
and without prejudice to any other consequences to
which such person may be liable, shall be liable to pay–
(i) the amount of tax that has not been deducted or
collected; or
(ii) the amount which was required to be deducted or
collected under this Chapter as reduced by the
amount that has been actually deducted or
collected; or
(iii) the amount that, after being collected and deducted,
has not been paid to the credit of the Government;
or
(iv) a penalty not exceeding Taka ten lakhs for being
non-compliant in respect of cases other than the
cases mentioned above.
295
Finance Act. 2022

(2) In addition to the amount as mentioned in sub-section (1), the
person shall also be liable to pay an additional amount at the rate of two percent
(2%) per month on the amount other than the penalty as mentioned in clauses (i),
(ii) and (iii) of sub-section (1), as the case or cases may be, calculated for the
period-
(i) in the case of failure to deduct or collect, or of the
deduction or collection at lower rate or amount, from the
due date of the deduction or collection to the date of the
payment of the amount, as mentioned in sub-clauses (i)
or (ii) of clause (c) of sub-section (1), as the case may
be, to the credit of the Government;
(ii) in the case of failure to deposit the amount deducted or
collected, from the date of deduction or collection to the
date of payment of the amount, as mentioned in sub-
clause (iii) of clause (c) of sub-section (1), to the credit
of the Government.
(3) The period for which the additional amount under subsection (2)
is calculated shall not exceed twenty-four months.
(4) The Deputy Commissioner of Taxes shall take necessary action
for the realisation of the amount and penalty as mentioned in sub-section (1) and
the additional amount as mentioned in sub-section (2) from the person referred to
in sub-section (1) after giving the person a reasonable opportunity of being heard.
(5) Where the person responsible for deducting or collecting tax
under this chapter is the Government, or any authority, corporation or body of the
Government- including its units or a project or programme or activity where
government has any financial or operational involvement-
(i) the individuals responsible for approving or allowing the
payment; or
(ii) the individuals who is responsible for allowing,
approving or granting any clearance, registration,
license, permits, etc.
shall be jointly and severally liable to pay taxes, penalty or
additional amount under this section.
(6) Where the person responsible for deducting or collecting tax
under this chapter is a person other than the Government, or any authority,
corporation or body of the Government- including its units or a project or
programme or activity where government has any financial or operational
involvement-
(i) the organization itself; and
296
Finance Act. 2022

(ii) the individuals responsible for approving or allowing the
payment
shall be jointly and severally liable to pay taxes, penalty or
additional amount under this section.
(7) No realisation of the amount mentioned in sub-section (1) shall
be made if it is established that such amount has meanwhile been paid by the
person from whom the deduction or collection was due.”।
E4। Ordinance No. XXXVI of 1984 section 68B % & ।-

Ordinance section 68B sub-section (6) clause (a)
clause (a) , !" :-
“(a) “motor car” includes a jeep or a microbus but does not include a
motor vehicle mentioned in section 53Q and a motor cycle.”।

(,) sub-section (1) clause (f) ,
!" :-
“(f) if such person is required to furnish proof of
submission of return under section 184A:”;
( ) sub-section (2) sub-section (2)
, !" :-
“(2) A return of income under sub-section (1) shall not be
mandatory for-
(i) an educational institution that receives
government benefits under Monthly
Payment Order (MPO) and does not
have english version curriculum; or
(ii) a public university; or
(iii) a recognized provident fund, an
approved gratuity fund, a pension fund,
an approved superannuation fund; or
(iv) a non-resident individual having no
fixed base in Bangladesh; or
(v) any class of persons which the Board
may, by order in official gazette, exempt
from filing the return.”।
297
Finance Act. 2022

Ordinance section 80 sub-section (1) * “in respect of all”
“local and global” 3 ।
E7। Ordinance No. XXXVI of 1984 section 82C % & ।-

Ordinance section 82C sub-section (2) -
(,) clause (b)-
( ) * “13A” %/ ; 6 “14”
%/ 3 ;
(C) * “52O,” %/ , 6 ; ,( “52Q”
%/ , 6 ; ,( 3 ;
( ) * “53BBBB,” %/ , 6 ; ,( Z[
;
(c) * “53P” %/ ; 6 “, 53Q, 53R”
%/ , 6 ; ,( 3 ;
( ) proviso paragraph (ii) “toilet
waters,” ; ,( “beverage
concentrate,” ; ,( 3 ;
( ) clause (d) proviso * Pd Table Serial No. 4
N % , ( “section 53F(1)(c) and (2)”
, 6, %/ ; 0 1 “Serial No. 3 and 4 of
the Table of section 53F(1)” , 6, %/ ; 01
।
E8। Ordinance No. XXXVI of 1984 section 82D ।-

Ordinance section 82D section 82D ,
!" :-
“82D. Spot Assessment.- (1)Where a person is found to have taxable
income or required to submit tax return or required to comply with any provision
of the Ordinance and the person has failed to perform or comply with
requirements of the Ordinance, the Deputy Commissioner of Taxes, empowered
to this end, may assess the tax liability of such person on the spot.
298
Finance Act. 2022
(2) Where assessment of an assessee being individual having income

from business or profession is made under this section applying regular rate and
the asseesee pays tax accordingly, no question as to the initial capital not
exceeding five times of such assessed income shall be made.
(3) Commissioner of Taxes may empower any Deputy

Commissioner of Taxes who is subordinate to him to conduct spot assessments
within his jurisdiction.
(4) The Board shall issue guidelines as to the manner how

assessment under this section shall be made.”।
OB। Ordinance No. XXXVI of 1984 section 94 % & ।-

Ordinance section 94 sub-section (3) * “shall be made within
thrity days from the date on which the order” “or an
agreement reached under section 152O, shall be made within thirty days
from the date on which the order or the agreement” ; ,(
।
N9। Ordinance No. XXXVI of 1984 section 94B 3 ।-

Ordinance Z[ section 94A 4 section 94B % ! U ,
!" :-
“ 94B. Bar to question assessment.- (1)Notwithstanding anything
contained in any provision of this Ordinance or in any other law for the time
being in force, no authority save the authorities mentioned in section 3 or the
courts and authorities mentioned in Chapter XIX shall have right to question any
assessment made under this Chapter.
(2) Any action taken in violation of the provision of sub-section (1)

shall be null and void and have no legal effect.”।
N1। Ordinance No. XXXVI of 1984 section 100 % & ।-

Ordinance section 100 sub-section (1) “company is
wound up” “or has discontinued business for three successive
years” 3 ।
299
Finance Act. 2022
N8। Ordinance No. XXXVI of 1984 4 Chapter XIIIA %

section 111A % ! U ।- Ordinance Z[ section 111
4 Chapter XIIIA % section 111A % ! U , !" :-
“Chapter XIIIA
Startup Sandbox
111A. Startup sandbox.— (1) Notwithstanding anything

contained in this Ordinance, the provisions of this section shall
have overriding effect over all other provisions of this Ordinance.
(2) In determining “income from business or profession” of a
startup registered under this section, sections 30 and 30B
shall not be applicable for growth years.
(3) Where in any growth year, any loss is incurred by a startup
registered under this section and 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 nine successive assessment years.
(4) The rate of minimum tax as provided in sub-section (4) of
section 82C for growth years of a startup registered under
this section shall be 0.1% (zero point one percent).
(5) Save as provided in section 75, a startup registered under
this section shall have no reporting obligation under this
Ordinance for growth years if the startup provides
permanent access to its system or books to the income tax
authority.
(6) A startup, to enjoy the benefit of sandbox, shall be
registered with the Board in the manner as required by the
Board.
(7) A startup shall not be eligible for registration under this
section, if it -
(a) is incorporated prior to first day of July 2017; or
300
Finance Act. 2022
(b) is incorporated between first day of July 2017 and

thirtieth day of June 2022 and fails to get
registration by the thirtieth day of June 2023; or
(c) is incorporated on or after first day of July 2022 and
fails to get registration under this section by thirtieth
June of every year following the year of its
incorporation.
(a) “growth years” means-
(i) for the purpose of clause (b) of sub-section
(7), a period of three years that starts with
first day of July 2023 and ends with the
thirtieth day of June 2026.
(ii) for the purpose of clause (c) of sub-section
(7), a period of five years that starts with
first day of July of the year following the
year of incorporation.
(b) “innovation” means the process of creating value by
offering novel solution or making a significant
improvement to any prevailing solution to any
significant problem or a set of problems.
(c) “startup” means a company with annual turnover
not exceeding Taka 100 crore in any financial year
and that-
(i) is incorporated under *, \ ) C , EBB' (EBB'
E@ % C ); and
(ii) works towards deployment or
commercialization of new products, process
or service driven by innovation,
development and technology or intellectual
property; and
(iii) is not a subsidiary of another company
holding fifty percent or more of its shares;
and
(iv) is not a resulting company of a scheme of
amalgamation or demerger.”।”
301
Finance Act. 2022
NE। Ordinance No. XXXVI of 1984 section 117A ।-

Ordinance section 117A section 117A ,
!" :-
“117A. Power to verify and enforce deduction or collection of tax.-
(1)An authority, empowered in writingby the Commissioner of Taxes, Director
General of Inspection or Director General of Intelligence Cell to verify deduction
or collection of tax at source or to enforce the provisions of Chapter VII of this
Ordinance, -
(a) shall have full and free access to the premises, places,
products, books of accounts and records of economic
activities maintained in any form or manner;
(b) shall have access to any information, code or technology
which has the capability of retransforming or
unscrambling encrypted data contained or available to
such computers into readable and comprehensive format
or text;
(c) may extract the data, images or any inputs stored in the
electronic records and systems or enter the systems by
breaking through password protection or copy or analyse
the data, books of accounts, documents, images or
inputs;
(d) may 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;
(e) may impound and retain any such books of accounts,
documents, electronic records and systems; and
(f) may require any person to perform or refrain from
activities as directed;
(2) An authority empowered under sub-section (1), may be

accompanied by experts, valuer or forces as he reasonably thinks fit.
(3) Where any authority empowered under sub-section (1) is
obstructed, hindered or unassisted by any person, the person in whose premise or
place the authority has entered or intended to enter shall be liable to a penalty not
exceeding Taka fifty lakh.
(4) Where a person is found to be in default in respect of compliance
of this section or Chapter VII of this Ordinance, the Deputy Commissioner of
Taxes shall, after recording explanation of the person so in default or ex parte
where no explanation is found, proceed to recover the amount of taxes along with
penalties by making an assessment thereof.” ।
302
Finance Act. 2022
''। Ordinance No. XXXVI of 1984 section 124 % & ।—

Ordinance section 124 sub-section (2) sub-
section (2) ; !" :-
“(2) Where any person has, without reasonable cause, failed to file or
furnish any return, certificate, statement or information required under sections
58, 75A, 103A, 108, 108A, 109, or 110, the Deputy Commissioner of Taxes may
impose upon such person-
(a) where the return, statement or information under
sections 75A, 108 or 108A has not been filed or
furnished, a penalty amounting to ten per cent of tax
imposed on last assessed income or five thousand taka,
whichever is higher, and in the case of a continuing
default, a further penalty of one thousand taka for every
month or fraction thereof during which the default
continues;
(b) in other cases of non-compliance, a penalty amounting
to five thousand taka, and in the case of a continuing
default, a further penalty of one thousand taka for every
month or fraction thereof during which the default
continues.”।
'Q। Ordinance No. XXXVI of 1984 section 124AA ।—

Ordinance section 124AA Z[ ।
NO। Ordinance No. XXXVI of 1984 section 143 % & ।-

Ordinance section 143 sub-section (2) clause (b) ]
^ _ * (, % clause (c)
%! U , !" :-
“(c) who is responsible for supplying gas, electricity, water or any
other services to disconnect or discontinue such supply within
twenty one days from the date of receipt of such notice.”।
NP। Ordinance No. XXXVI of 1984 section 152I % & ।-

Ordinance section 152I sub-section (2) ] ^ _
*, % proviso 3 , !" :-
“Provided that where any dispute has already been filed in the
form of Writ petition shall not be a subject of ADR.”।
303
Finance Act. 2022
NI। Ordinance No. XXXVI of 1984 section 184A ।-

Ordinance section 184A section184A ,
!" :-
“184A. Proof of submission of return required in certain cases.- (1)
Notwithstanding anything contained in this Ordinance, a person shall be required
to furnish a proof of submission of return in the cases mentioned in sub-section
(3).
(2) The proof of submission of return shall be-
(a) an acknowledgment receipt of return prescribed by the
Board; or
(b) a system generated certificate containing name and
Taxpayer’s Identification Number (TIN) of the person
and the year for which return has been submitted; or
(c) a certificate issued by the Deputy Commissioner of
Taxes containing name and TIN of the person and the
year for which return has been submitted.
(3) The proof of submission of return shall be furnished in the cases
of -
(i) applying for a loan exceeding Taka five lakh from a
bank or a financial institution;
(ii) becoming a director or a sponsor shareholder of a
company;
(iii) obtaining or continuing an import registration certificate
or export registration certificate;
(iv) obtaining or renewal of a trade license in the area of a
city corporation or paurashava;
(v) obtaining registration of co-operative society;
(vi) obtaining or renewal of license or enlistment as a
surveyor of general insurance;
(vii) obtaining registration, by a resident, of the deed of
transfer, baynanama or power of attorney or selling of a
land, building or an apartment situated within a city
corporation or a paurashava of a district headquarter or
cantonment board, where the deed value exceeds Taka
ten lakh;
304
Finance Act. 2022

(viii) obtaining or maintaining a credit card;
(ix) obtaining or continuing the membership of the
professional body as a doctor, dentist, lawyer, chartered
accountant, cost and management accountant, engineer,
architect or surveyor or any other similar profession;
(x) obtaining and retaining a license as a Nikah Registrar
under the Muslim Marriages and Divorces (Registration)
Act. 1974 (LII of 1974);
(xi) obtaining or continuing the membership of any trade or
professional body;
(xii) obtaining or renewal of a drug license, a fire license,
environment clearance certificate, BSTI licenses and
clearance;
(xiii) obtaining or continuing commercial and industrial
connection of gas in any area and obtaining or
continuing residential connection of gas in city
corporation area;
(xiv) obtaining or continuing a survey certificate of any water
vessel including launch, steamer, fishing trawler, cargo,
coaster and dumb barge etc., plying for hire;
(xv) obtaining the permission or the renewal of permission
for the manufacture of bricks by Deputy Commissioner's
office in a district or Directorate of Environment, as the
case may be;
(xvi) obtaining the admission of a child or a dependent in an
English medium school providing education under
international curriculum or english version of national
curriculum, situated in any city corporation, district
headquarter or paurashava;
(xvii) obtaining or continuing the connection of electricity in a
city corporation or cantonment board;
(xviii) obtaining or continuing the agency or the distributorship
of a company;
(xix) obtaining or continuing a license for arms;
(xx) opening a letter of credit for the purpose of import;
(xxi) opening postal savings accounts of Taka exceeding five
lakhs;
305
Finance Act. 2022

(xxii) opening and continuing bank accounts of any sorts with
credit balance exceeding Taka ten lakhs;
(xxiii) purchasing savings instruments (Sanchayapatra) of Taka
exceeding five lakhs;
(xxiv) participating in any election in upazilla, paurashava, zilla
parishad, city corporation or Jatiya Sangsad;
(xxv) participating in a shared economic activities by
providing motor vehicle, space, accommodation or any
other assets.
(xxvi) receiving any payment which is an income of the payee
classifiable under the head "Salaries" by any person
employed in the management or administrative function
or in any supervisory position in the production function;
(xxvii) receiving any payment which is an income of the payee
classifiable under the head "Salaries" by an employee of
the government or an authority, corporation, body or
units of the government formed by any law, order or
instrument being in force, if the employee, at any time in
the income year, draws a basic salary of taka sixteen
thousand or more;
(xxviii) receiving any commission, fee or other sum in relation to
money transfer through mobile banking or other
electronic means or in relation to the recharge of mobile
phone account;
(xxix) receiving any payment by a resident from a company on
account of any advisory or consultancy service, catering
service, event management service, supply of manpower
or providing security service;
(xxx) receiving any amount from the Government under the
Monthly Payment Order (MPO) if the amount of
payment exceeds taka sixteen thousand per month;
(xxxi) registration or renewal of agency certificate of an
insurance company;
(xxxii) registration, change of ownership or renewal of fitness
of a motor vehicle of any types excluding two and three
wheeler;
306
Finance Act. 2022

(xxxiii) releasing overseas grants to a non-government
organisation registered with NGO Affairs Bureau or to a
Micro Credit Organisation having licence with Micro
Credit Regulatory Authority;
(xxxiv) selling of any goods or services by any digital platforms
to consumers in Bangladesh.
(xxxv) submitting application for the membership of a club
registered under *, \ C , EBB' (EBB' E@ % C )
and Societies Registration Act, 1860 (Act No. XXI of
1860);
(xxxvi) submitting tender documents by a resident for the
purpose of supply of goods, execution of a contract or
rendering a service;
(xxxvii) submitting a bill of entry for import into or export from
Bangladesh;
(xxxviii) submitting plan for construction of building for the
purpose of obtaining approval from Rajdhani Unnayan
Kartripakkha (Rajuk), Chittagong Development
Authority (CDA), Khulna Development Authority
(KDA) and Rajshahi Development Authority (RDA) or
other concerned authority in any city corporation or
paurashava;
(4) The Board may, by a general or special order, exempt any person
from furnishing proof of submission of return.
(5) The person responsible for processing any application or
nomination, or approving any license, certificate, membership, permission,
admission, agency or distributorship, sanctioning any loan, issuing any credit
card, allowing connection or operation, executing registration or making any
payment shall not so process, approve, sanction, issue, allow, execute or make
payment, as the case may be, unless the proof of submission of return is
furnished as required under the provision of sub-section (1) or the person who is
required to furnish the proof of submission of return provides a certificate from
the Board that he is exempted from furnishing such proof.
(6) The person to whom the proof of submission of return is
furnished shall verify the authenticity of it in the manner as may be specified by
the Board.
307
Finance Act. 2022
(7) Where the person responsible for processing any

application or nomination, or approving any license,
certificate, membership, permission, admission, agency or
distributorship, sanctioning any loan, issuing any credit
card, allowing connection or operation, executing
registration or making any payment, as the case may be,
fails to comply with sub-sections (5) and (6), shall be
deemed to be an assessee in default and be liable to pay a
penalty not exceeding Taka ten lakh as imposed by the
Deputy Commissioner of Taxes.
(8) No penalty under this section shall be imposed upon a
person without giving a reasonable opportunity of being
heard.
(9) A person not being an individual shall, instead of
furnishing a proof of submission of return, furnish a system
generated certificate containing name and Taxpayer’s
Identification Number (TIN) -
(a) in the year of incorporation, registration or
formation, as the case may be, under any law or
instruments having the force of law; and
(b) in the year following the year of incorporation,
registration or formation, as the case may be, under
any law or instruments having the force of law.”
NM। Ordinance No. XXXVI of 1984 section 184C ।-

Ordinance section184C section184C ,
!" :-
“184C. Displaying proof of submission of return.- (1)An assessee

having income from business or profession shall submit his return of income as
required in section 75 and display the proof of submission of return as defined in
section 184A at a conspicuous place of such assessee's business premises.
(2) Where an assessee fails to comply with the provision of sub-

section (1), he shall be liable to pay a penalty of Taka not less than five thousand
and not exceeding twenty thousand as imposed by the Deputy Commissioner of
Taxes empowered to this end.”।
308
Finance Act. 2022
L9। Ordinance No. XXXVI of 1984 section 185 % & ।-

Ordinance section 185 sub-section (2) clause (b) *
“the manner” “, extentand scope” ,( ; 3 ।
L1। Ordinance No. XXXVI of 1984 Second Schedule

% & ।- Ordinance Second Schedule -
(,) Paragraph 1 Z[ ;
( ) Paragraph 3 4 Paragraph 4 % ! U , !" :-
“4. Where the total income of an assessee includes any
income by way of “dividend” referred to in clause (26)
of section 2, the tax payable on such dividend income
shall be-
(a) in the case of a company, 20% (twenty percent);
and
(b) in the case of a person other than a company, the

rate applicable on the total income of such
person.”।
L8। Ordinance No. XXXVI of 1984 Third Schedule

% & ।- Ordinance Third Schedule -
“(,) Paragraph 3 sub-paragraph (4) “for a leasing
company” “to a lessor” ;
( ) Paragraph 10A 4 Paragraph 10B % ! U
, !" :-
“10B. Amortization of pre-commencement expenditure.-
The rate of amortization of pre-commencement expenditure shall
be 20% (twenty percent) following straight line method.”;
(V) Paragraph 11 sub-paragraph (2) 4 sub-
paragraph (2A) 3 , !" :-
“(2A) “Pre-commencement expenditure” means
expenditures not covered in paragraphs 1 to 10A
of this Schedule and incurred wholly and
exclusively for setting up of the business prior to
the year of commercial operation and includes
expenditure for feasibility study, construction of
model and prototypes, and experimental
production.”।
309
Finance Act. 2022
LE। Ordinance No. XXXVI of 1984 Sixth Schedule

% & ।- Ordinance Sixth Schedule -
(,) Paragraphs 28, 34 % 42 Z[ ;
( ) Paragraph 60 4 Paragraph 61 % ! U ,
!" :-
“61. Any business income derived by an ocean going ship
being Bangladeshi flag carrier for the period from the
first day of July, 2022 to the thirtieth day of June, 2030,
if it is received in foreign currency and brought into
Bangladesh as per existing laws applicable in respect of
foreign remittance.” ।
LN। C , ।- (E) -& (O) & i, NRNN Ej
C k, l Um *, , & 6 *i C D -N "( %
Pn , o! ) C , & ! ।
(N) *! , *i Income-tax Ordinance, 1984 (Ordinance No.
XXXVI of 1984) SECOND SCHEDULE ( + C %9 ]) ! Up ,
* , *i C 6 ! q , SCHEDULE o &! , , ,r ,
& 6 *i -& (E) & V, ।
(O) Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984)
Chapter VII o , , (d D -N (C , %9 ]) 6
NRNN Ej C k % NRNO OR j (s l Um
! Up ।
(') & % & &) C C , t u v w “*( +
C (total income)” " Income-tax Ordinance, 1984 (Ordinance No.
XXXVI of 1984) & o *( + C (total income)।
(Q) *, x , , U, y z U; * { 6, ) 2) v V 6
* V| *i %* P *P lC & o! ) } v
NRNN Ej C k, l J *i ! Up
, Q% ( •0 % ) , &!, ।
(5) *, , P V, ) ,€ i J ,( *( + U
4pm ER% (P % ) " NQ (• 0 ) U &, ,(0 ) 2) v V 6 (T
V, , P , P , Q% ( •0 % ) " 2) v -
,(0 )V 6 & *( + * ?Q% (•0 d % ), ! ,(, , * P ,
।
310
Finance Act. 2022

D -2
"( %
( " C , NRNN & Q' Inv)
Ej , NRNN C k, l Um C ,
o ‡P-,
Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) section 2(46)

%ú v V 6 (person) ( T ) % P ) , › G ,v (individual), G
; % )P D ( *i *( + C C , , !" :-
*( + C
(,) "( O,RR,RRR/- + , !] *( + C -- žm
( ) ¨ E,RR,RRR/- + , !] *( + C -- Q%
(V) ¨ O,RR,RRR/- + , !] *( + C -- ER%
(W) ¨ ',RR,RRR/- + , !] *( + C -- EQ%
(X) ¨ Q,RR,RRR/- + , !] *( + C -- NR%
(0) n *( + C -- NQ% :
" , *!,-
(,) € ) ‚ , P ,( , P % 5Q l ü² , P , H
C )( O,QR,RRR/- + , ;
( ) 2)v , P , H C )( ',QR,RRR/- + , ;
(V) *V U+K }k H !k , P , H C )( ',?Q,RRR/- + , ;
(W) *, 2) v ( C oV GG , p, ] * Um
, H C )( QR,RRR/- + , &, ; 2) v ;( G
, P *! , ,U £ & *G V , ;
(X) 4p (, ( 6 *, G 6 ,( , !" :-
, 6 4p (,
(+ , )
´, d a, , ´ , P i6 a , ; Q,RRR/-
0 {( a, , , P
mm a, , , P ',RRR/-
a, v ) mm , , P O,RRR/-
311
Finance Act. 2022
(0) *, , P ! P ›• 3 , (less developed area) 0 ,( 3

, (least developed area) *, I Ža • ( , %
Ža • Iv P l P U " , , I Ža
• ½ C 6 C , * G, , !" :-
6 *
( ) *! i % ™n l l P (6 * i C
¥ ¨ l l P ( 6 Ò P C , Q%;
EQ% &,, ,r NQ% &,
(C) *! i % ™n l l P (6 * i C
¥ ¨ l l P ( 6 Ò P C , ER%।
NQ% &,
(Y) % P )( ) % P v ) ) , , P Um o ‡P
! Up ;
v / ।- o ‡ P-
(E) 2) v (person with disability) 2) v &, ; £ i

C , NREO (NREO OB % C ) & OE *( , 2) 2
v , ¯± ; %
(N) ‘‘ 0 ,( 3 , (least developed area)’’ ‘‘›• 3 , (less

developed area)’’ " Income tax Ordinance, 1984 (Ordinance No.
XXXVI of 1984) section 45 sub-section (2A) clauses (b)
%(c) & o * — ,€, Pn‰ 0 ,( 3 , (least
developed area) ›• 3 , (less developed area)।
312
Finance Act. 2022
o ‡P-
*, \ , v - %W, C b ën ‰ ( v % mm C ) d ! P *i o ‡P-,
! Up * , p, , P ,! P *i Income-tax Ordinance, 1984 (Ordinance No.
XXXVI of 1984) o! ) C , C -
(E) ‘‘*! *, \ * U Þ‰ D % P * *, \ — G —’ C
v , m’’ , C -
(,) PD ( ), (V), (W) % (X) * 6 *, \ >

*i v ) -
( ) p,a publicly traded C NR% :

company *, \ ! P
& > & ER% &,
* IPO (Initial Public " , *!, ,
Offering) (T ( ˆ] , C ; [ %
Y P *i - p, ,, * P •0
i +, &, ; •,
(+ Y i +,
û² , , v ;
V v %, ® °D
(T ( \3 , v"
- ,
C NN.Q% ;
(C) p,a publicly traded C NN.Q% :
company *, \ ! P
& > & ER% ER%
,( * IPO (Initial Public " , *!, ,
Offering) (T ( ˆ] , C ; [ %
Y P *i - p, ,, * P •0
i +, &, ; •,
(+ Y i +,
û² , , v ;
V v %, ® °D
( T ( \3 , v"
- ,
C NQ% ;
313
Finance Act. 2022
( ) ,v *, \ *i C NN.Q%;
" , *!, ,
, C ; [ %
p, ,, * P •0
i +, &, ; •,
(+ Y i +,
û² , , v ;
V v %, ® °D
( T ( \3 , v"
- ,
C NQ% ;
(c) p,a *, \ *i C N?.Q%:
! publicly traded company
, % Income tax Ordinance,
1984 (Ordinance No. XXXVI " , *!, ,
of 1984) section 2 clause , C ; [ %
(20) C; &) mm p, ,, * P •0
*, \ *i - i +, &, ; •,
(+ Y i +,
û² , , v ;
V v %, ® °D
( T ( \3 , v"
- ,
C OR% ;
( ) v %,, )( J ; C ", J > (( 0–

v %, v ) ):
( ) p,a *, \ *i C O?.Q%;
! publicly traded company-
(C) p,a *, \ *i C 'R%;

! publicly traded company
:
(V) ( 0– v %, *i - C O?.Q%;
(W) V +, Ÿ, UP , , , ( ,U ‹ C 'Q%;
‘ , , *, \ *i -
314
Finance Act. 2022
(X) *( *D + *, \ *i - C 'Q%:
" , *!,
*( *D +
*, \ !P
& > & 4p (
ER% * ,! ( T Pre
Initial Public Offering
Placement Q% &,
" , , _,
à 0 º (T ( ˆ]
, : Publicly traded
company * ]
* *i ,
'R%:
C ; " , *!,
!P *, \
& > & 4p (
NR% * Initial Public
Offering (IPO) (T (
ˆ] , ,
*, \ ˆ]
% ™n l ! Up
C , ER%
C , * G, ;
(N) *, \ % v - %W , % P )( ) % P C OR%;
v ) ) mm , , P *i C ! Up , -
(O) *, \ , V +, Ÿ, UP , , , ( ,U ‹ C 'Q%;
‘ , , , P v U C
! Up , -
(') *, \ , v - %W, C b ën ‰ ( v % mm C N?.Q%;
, ! q d *i C ! Up , -
" , *!, ,
, C ; [ %
p, ,, * P •0
i +, &, ; •,
(+ Y i +,
û² , , v ;
V v %, ® °D
( T ( \3 , v"
- ,
C OR% ।
315
Finance Act. 2022
(Q) ( ( C , NRRE (NRRE '? % C ) o! ) 2 C EQ%;

( ( *i C ! Up , -
(5) * , y z , * , *( —,p , U, * , C EQ%:

*—– , U, * , º %, U *, ( © }
• iP U * , , U ½ C
! Up , -
v / ।- o ‡ P “publicly traded company” *, , ( +—

*, \ , ¯± ! *, \ ) C , EBB' (EBB' E@ % C ) o % P 2 %
*! C l C , & 6, * C l ( [ ¥ *, \ a * _, à 0 º
,K Y।
b ) %
( " C , NRNN & QQ Inv)

0 U
o ‡P ,
›G , v , P (assessee being individual) *i , Income-tax Ordinance,

1984 (Ordinance No. XXXVI of 1984) section 80 o! ) \P, P ;
0 6) (statement of assets, liabilities and expenses) * P 6
\P Gd , o ‡P &) 0U V6 ¥ & P ,
0U P , !" :-
\P 0 U
(,) )+ \ P >ƒ( *, a + , !]- žm
( ) )+ \ P >ƒ( *, a + , &, ,r P *, a + , &, ; ER%

, U ( , &, *( + V Ÿ
, *, a, , *( + @,RRR V^ + &, C Š - \d
(V) )+ \ P >ƒ( P *, a + , &, ,r *, a + , &, - NR%
(W) )+ \ P >ƒ( *, a + , &, ,r S *, a + , &, OR%

-
(X) )+ \ P >ƒ( S *, a + , &, - OQ%
316
Finance Act. 2022
v / ।- o ‡ P-
(E) “ )+ \P >ƒ( ” Income-tax Ordinance, 1984

(Ordinance No. XXXVI of 1984) section 80 o! ) \P,
P ; 0 6) (statement of assets, liabilities and expenses)
* P ! q )+ \ P >ƒ( (total net worth) ¯± ; %
(N) “*( + V Ÿ” G+ , , U) ( 9 ¯± ।
o ‡P
V +, Ÿ, UP , , , ( ,U ‹ ‘ , ,, P v
U C N.Q% 0U P ।
.<$ ./
AB
, Provisional Collection of Taxes Act, 1931 (Act No. XVI of

1931), . • [ Act => , section 3 H‚ 3$ , !
Hb L, O, I, M, I1, I8 ' IE ;ƒ # % 3, ( ? , . „
$%&% ' ( % $ $ AB ।
8। ! A B 3 [ Act section 4 sub-section (1) #

.… % ! Hb L, O, I, M, I1, I8 ' IE # %. „
! , Hb 8, E, N, P, 19, 11, 18, 1E, 1N, 1L, 1O, 1P, 1I, 1M, 89, 81, 88, 8E,
8N, 8L, 8O, 8P, 8I, 8M, E9, E1, E8, EE, EN, EL, EO, EP, EI, EM, N9, N1, N8, NE, NN,
NL, NO, NP, NI, NM, L9, L1, L8, LE, LN, LL, LO, LP, 58, 59, 60, 61, 62, 63, 64, 65,
66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, PM ' I9 # % 1 C !,
2082 > ! ।
, $, † $
& ।
†gvnv¤§` BmgvBj †nv‡mb (DcmwPe), DccwiPvjK, evsjv‡`k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|
nvwQbv †eMg, DccwiPvjK (DcmwPe), evsjv‡`k dig I cÖKvkbv Awdm, †ZRMuvI,
XvKv KZ…©K cÖKvwkZ| website: www.bgpress.gov.bd
317
Important SROs
গণপ্রজাতন্ত্রী বাাংলাদেশ সরকার

অর্ থ মন্ত্রণালয়
অভ্যন্তরীণ সম্পে ববভ্াগ
জাতীয় রাজস্ব ববার্ থ
(আয়কর)
প্রজ্ঞাপন
তাবরখ: 18 জ্যৈষ্ঠ, ১৪২৯ বঙ্গাব্দ / 01 জুন, ২০২২ বিষ্টাব্দ।
এস. আর. ও. নাং 156-আইন/আয়কর/২০২২।– Income-tax Ordinance,1984 (Ordinance No.

XXXVI of 1984) এর section 185, section 18 এর sub-section (2) এর clause (c) এর সহিত
পঠিতব্য, এ প্রেত্ত ক্ষমতাবদল জাতীয় রাজস্ব ববার্ থ বনম্নরূপ বববিমালা প্রণয়দনর প্রস্তাব কবরয়া এতদ্দ্বারা উহা প্রাক-প্রকাশ
কবরল, যর্া:-
“The Offshore Indirect Transfer Rules, 2022
1. Short title.- These rules may be called the Offshore Indirect Transfer Rules, 2022
2. Definition.- In these rules, unless there is anything repugnant in the subject or
context-
(a) “accountant” means an accountant referred to clauses (17) and (22) of
section 2 of the Income-tax Ordinance, 1984 and includes any valuer
recognized for undertaking similar valuation by the Government of the
country where a foreign company registered with or incorporated in any
of its agencies, who has professional experience of not less than ten years.
(b) "balance sheet" means,-
(i) in relation to a Bangladeshi company, means the balance sheet of
such company (including the notes annexed thereto and forming
part of the accounts) as drawn up on the specified date which has
been audited by the auditor of the company appointed under the
laws relating to companies in force; and
(ii) in any other case, means the balance sheet of the company
(including the notes annexed thereto and forming part of the
accounts) as drawn up on the specified date and submitted to the
Complied by: Masum Gazi In Association with: Mahmudul Hasan 318

Important SROs
relevant authority outside Bangladesh under the laws in force of

the country in which the foreign company is registered or
incorporated:
Provide that where the balance sheet as on the specified date

is not drawn up, pending finalization of accounts, as mentioned in
clauses (i) and (ii), the balance sheet shall mean an interim balance
sheet drawn up as on the specified date and approved by the board
of directors of the company or an equivalent body in case of any
other entity;
(c) “book value of the liabilities” means the value of liabilities as shown in the
balance sheet of the company as the case may be, excluding the paid-up
capital in respect of equity shares or members' interest and the general
reserves and surplus and security premium related to the paid up capital;
(d) “company” shall have the same meaning as defined in clause 20 of section
2 of the Ordinance;
(e) “constituent entity” shall have the meaning as-
(i) any separate entity of an international group that is included in the
consolidated financial statement of the said for financial reporting
purpose, or may be so included for the said purpose, if the equity
share of any entity of the international group were to be listed on a
stock exchange;
(ii) any such entity that is excluded from the consolidated financial
statement of the international group solely on the basis of size or
materiality; or
(iii) any permanent establishment or any separate business entity of the
international group included in sub-clause (i) or sub-clause (ii), if
such business unit prepares a separate financial statement for such
permanent establishment for financial reporting, regulatory, tax
reporting or internal management control purposes;

Important SROs
(f) “group” includes a parent entity and all the entities in respect of which,
for the reason of ownership or control, a consolidated financial statement
for financial reporting purposes-
(i) is required to be prepared under any law for the time being in force
or the accounting standards of the country or territory of which the
parent entity is resident; or
(ii) would have been required to be prepared had the equity shares of
any of the enterprise were listed on a stock exchange in the country
or territory of which the parent entity is resident;
(g) “immediate holding company” means the company that directly
maintains the controlling interest in the Bangladeshi concern;
(h) “intermediate holding company” means a company that has controlling
interest in another company and is itself controlled by, or is subsidiary of,
another company;
(i) "merchant banker" shall mean merchant banker registered with
Bangladesh Securities and Exchange Commission;
(j) “observable price” in respect of share quoted on a stock exchange shall
be the higher of the following:-
(i) the average of the weekly high and low of the closing prices of the
shares quoted on the said stock exchange during the six months
period preceding the specified date;
(ii) the average of the weekly high and low of the closing prices of the
shares quoted on the said stock exchange during the two weeks
preceding the specified date:
Provided that where, on the specified date, the share is listed on
more than one recognized stock exchange, the observable price of the
share shall be computed with reference to the stock exchange which
records the highest volume of trading in the share during the period
considered for determining the price.
(k) “Ordinance” means the Income-tax Ordinance, 1984 (XXXVI of 1984);

Important SROs
(l) "recognized stock exchange" means stock exchange registered under

section 4 of the Securities and Exchange Ordinance, 1969;
(m) "right of management or control" shall include the right to appoint majority
of the directors or to control the management or policy decision
exercisable by a person or persons acting individually or in concert,
directly or indirectly, including by virtue of shareholding or management
rights or shareholders agreements or voting agreements on in any other
manner;
(n) “share” includes an interest in partnership firm or any other entity;
(o) “specified date” means-
(i) the date on which the accounting period of the company ends
preceding the date of transfer of a share; or
(ii) the date of transfer, where the book value of the assets of the
company, on the date of transfer, exceeds the book value of the
assets as on the date referred to in sub-clause (i), by fifteen percent;
(p) “ultimate holding company” means a company that has ultimate control
of the Bangladeshi concern directly or indirectly and such company is not
itself controlled by, or is subsidiary of, any other company;
(q) “Value” means fair market value as calculated in the manner prescribed in
this rule.
3. Computation of fair market value of assets of Bangladeshi Company.- (1)

Where the asset is a share of a Bangladeshi company listed on a recognized stock
exchange on the specified date, the fair market value of the share shall be the
observable price of such share on the stock exchange.
(2) Where the asset is a share of a Bangladeshi company listed on a

recognized stock exchange and the share is held as part of the
shareholding which confers, directly or indirectly, any right of
management or control in relation to the aforesaid company, the fair
market value of the share shall be determined in accordance with the
following (A+B)/C formula, where-

Important SROs
A= the market capitalization of the company on the basis of observable

price of its shares quoted on the recognized stock exchange;
B= the book value of liabilities of the company as on the specified
date;
C= the total number of outstanding shares.
(3) Where the asset is share of a Bangladeshi company not listed on a
recognized stock exchange on the specified date, the fair market value of
the share shall be its fair market value on such date as determined by a
merchant banker or an accountant in accordance with any internationally
accepted valuation methodology for valuation of shares on arm’s length
basis as increased by the liability, if any, considered in such
determination.
(4) The fair market value of the asset other than those referred to in sub-rules
(1), (2) and (3) shall be the price it would fetch if sold in the open market
on the specified date as determined by a merchant banker or an accountant
as increased as increased by the liability, if any, considered in such
determination.
(5) For determining the fair market value of any asset situated in Bangladesh,
being a share of a Bangladeshi company, all the assets and business
operations of the said shall be taken into account irrespective of whether
the assets or business operations are situated in Bangladesh or outside.
4. Computation of fair market value of assets of foreign Company.- (1) Where

share of the foreign company is listed on a stock exchange on the specified date,
the fair market value of all the assets owned by the foreign company shall be
determined in accordance with the following A+B formula, where:
A= Market capitalization of the foreign company computed on the

basis of the observable price of the share on the stock exchange
where the share of the foreign company is listed;

Important SROs
B= book value of the liabilities of the company as on the specified

date.
(2) Where the share in the foreign company is not listed on a stock exchange
on the specified date, the value of all the assets owned by the foreign
company shall be determined in accordance with the following A+B
formula, where:
A= fair market value of the foreign company as on the specified date as

determined by a merchant banker or an accountant as per the
internationally accepted valuation methodology;
B= value of liabilities of the company if any, considered for the
determination of fair market value in A.
5. Determination of Income attributable to assets in Bangladesh.-(1) The
income from transfer outside Bangladesh of a share of a company referred to in
clause (c) of explanation of subsection 2 of section 18 of the Ordinance,
attributable to assets situated in Bangladesh, shall be determined in accordance
with the following D x (E/F) formula, where:
D= Income from the transfer of the share of the company computed in
accordance with the provisions of the Ordinance, as if, such share
is situated in Bangladesh;
E= Fair Market Value of assets situated in Bangladesh as on the
specified date, from which the share referred to in clause (c) of
explanation of subsection (2) of section 18 of the Ordinance,
derives its value, computed in accordance with rule 3;
F= Fair Market Value of all the assets of the company as on the
specified date, computed in accordance with rule 4.
(2) Where the transferor of the share of the company fails to provide the
information required for the application of the aforesaid formula then the
income from the transfer of such share or interest attributable to the assets
situated in Bangladesh shall be determined in such manner as the Deputy
Commissioner of Taxes may deem fit.

Important SROs
(3) The transferor of the share of a company that derives its value from assets
situated in Bangladesh, shall furnish along with the return of income a
report in the form No. OIT-1 duly signed and verified by an accountant
providing the basis of the apportionment in accordance with the formula
and certifying that the income attributable to assets situated in Bangladesh
has been correctly computed.
6. De minimis threshold.- The asset being the share referred in clause (c) of
explanation of subsection (2) of section 18 of the Ordinance shall be deemed to
derive, directly or indirectly, its value from the assets in Bangladesh, if, on the
specified date, the value of such asset-
(i) exceeds Taka fifteen crore; and
(ii) represents at least fifty percent of the value of all the assets owned
by the foreign company that directly holds the asset being share in
Bangladesh.
7. Exemption from offshore indirect transfer.- (1) No income shall be deemed
to accrue or arise to a non-resident from transfer, outside Bangladesh, of share
of -
(a) A, if the transferor (whether individually or along with its
associated enterprises), at any time preceding the specified date,
does not hold in A-
(i) right of management or control; or
(ii) the voting power exceeding 5% of the total voting power;
or
(iii) share capital exceeding 5% of the total share capital; or
(b) B, if the transferor (whether individually or along with its
associated enterprises), at any time preceding the specified date,
does not holds the right of management or control in B and through
B in A-
(i) the right of management or control; or
(ii) the voting power exceeding 5% of the total voting power;
or

Important SROs
(iii) share capital exceeding 5% of the total share capital;

Explanation: In this sub-rule- A means a company registered or
incorporated outside Bangladesh and directly owns the assets situated in
Bangladesh; and
B means a company registered or incorporated outside Bangladesh and
does not directly owns the assets situated in Bangladesh.
(2) No income shall be deemed to accrue or arise to a non-resident from the
redemption of shares, bonds, debentures or other redeemable shares
outside Bangladesh by foreign investment funds including private equity
funds and venture capital funds.
8. Arrangement to avoid tax.- Where involving transfer of share in a foreign
company, arrangement has been made in such a manner that the tax payable in
Bangladesh would be avoided consequentially, the Deputy Commissioner of
Taxes shall not take into consideration such arrangements and shall proceed to
recover the amount of tax due as if no such arrangement has been made.
9. Information or documents to be furnished.- (1) Where any share of a
company registered or incorporated outside Bangladesh derives its value from
assets in Bangladesh as referred to in clause (c) of explanation of subsection (2)
of section 18 of the Ordinance, the Bangladeshi concern that holds such assets
in Bangladesh shall, for the purpose of the Rule, maintain and furnish the
information and documents in accordance with this rule.
(2) The information shall be furnished in Form OIT-2, within ninety days of
such transfer, to the Deputy Commissioner of Taxes having jurisdiction
over the Bangladeshi concern along with its return of income applicable
for the income year in which any transfer of the share of a company
incorporated outside Bangladesh (hereafter referred to as “foreign
company”) referred to in Explanation (c) to clause (2) of section 18 of the
Ordinance has taken place.
(3) The Bangladeshi concern shall maintain the following along with its
English translation, if the documents originally prepared are in foreign
languages and produce the same when called upon to do so by any

Important SROs
income-tax authority in the course of any proceeding to substantiate the

information furnished under sub-rule (2), namely:-
(i) details of the immediate holding company, intermediate holding
company or companies or entity or entities and ultimate holding
company of the Bangladeshi concern;
(ii) details of other entities in Bangladesh of the group of which the
Bangladeshi concern is a constituent;
(iii) the holding structure of the shares of the foreign company before
and after the transfer;
(iv) any transfer contract or agreement entered into in respect of the
share of, any foreign company that holds any asset in Bangladesh
through, or in, the Bangladeshi concern;
(v) financial and accounting statement of the foreign company which
directly or indirectly holds the assets in Bangladesh through, or in,
the Bangladeshi concern for two years prior to the specified date
of the share;
(vi) information relating to the decision or implementation process of
the overall arrangement of the transfer;
(vii) information in respect of the foreign company and its subsidiaries,
relating to,-
(a) the business operation;
(b) personnel;
(c) finance and properties;
(d) internal and external audit or the valuation report, if any,
forming basis of the consideration in respect of share;
(viii) the asset valuation report and other supporting evidence to
determine the place of location of the share being transferred;
(ix) the details of payment of tax outside Bangladesh, which relates to
the transfer of the share or interest;

Important SROs
(x) the valuation report in respect of Bangladesh asset and total assets
duly certified by a merchant banker or accountant with supporting
evidence;
(xi) documents which are issued in connection with the transaction
under the accounting practice followed;
(xii) where there are more than on Bangladeshi concerns that are
constituent entities of a group, the information may be furnished
by any one Bangladeshi concern, if,-
(i) the group has designated such Bangladeshi concern to
furnish information on behalf of all other Bangladeshi
concerns that are constituent of the group; and
(ii) information regarding the designated Bangladeshi concern
has been conveyed in writing on behalf of the group to the
Deputy Commissioner of Taxes:
Provided that nothing contained in this sub-rule shall have
effect if the designated Bangladeshi concern fails to furnish the
information in accordance with the provisions of this rule.
(4) The information and documents specified in sub-rule (3) shall be kept and
maintained for a period of six years from the end of relevant assessment
year.

Important SROs
FORM No. OIT-1
[rule 5(3)]
Income attributable to assets situated in Bangladesh under section 18 of the

Income-tax Ordinance, 1984
1. Name of Company/Assessee:
2. Taxpayer’s Identification Number:
3. Name of the Company referred in section 18(2):
I/We…………………….. certify that-
(i) all the accounts and records of the assessee have been examined;
(ii) all the information and explanations necessary for the purpose of ascertaining the
income of the said assesse attributable to the assets situated in Bangladesh is
obtained;
(iii) in respect of the assessment year …………….the income deemed to accrue or
arise in Bangladesh to the assesse on transfer of share in the above mentioned
company is taka ………….. which has been worked out on the basis of the details
given in the Annexure to this form. Particulars given in the Annexure are correct
and complete.
Date.
Signed
(Accountant)

Important SROs
ANNEXURE
[Form OIT-1]
1. Company wise breakup of consideration received for transfer of share:
Sl. No Name of the Quantum of Cost of Date of Consideration

Company share acquisition transfer received
transferred of share
2. Income derived from transfer of share (company wise details): BDT………….
3. Value of assets situated in Bangladesh from which the share derives its value
(company wise details): BDT………….
4. Value of global assets of the company or the entity (company wise details):
BDT………….
5. Income attributable to assets situated in Bangladesh (company wise breakup and

aggregate) BDT…………..
6. Details of the method employed for arriving at the value of assets in item 3 and
4.
7. Details of the documents and valuation report, if any, replied upon
8. Remarks including any assumption made.”.

Important SROs
FORM No. OIT-2

[rule 9]
Information and documents to be furnished by a Bangladeshi concern
To,
The Deputy Commissioner of Taxes,
PART A
1 Name and address of the Bangladeshi Concern
2 Status of the Assessee
3 Residential status
4 Taxpayer’s Identification Number
5 Income Year
6 Assessment Year
7 Details of all Bangladesh concerns, if any, which are constituent

of the group.
8 Details of immediate holding entity, intermediate holding entity

and ultimate holding entity and their tax residency.
9 Wherer share in any company derives its value from assets

situated in Bangladesh, which are held in, or through, the
Bangladeshi concern; give details of the company (ies)

Important SROs
PART B
[To be filled in to report the transaction resulting in transfer of right of management or

control]
10 Provide the following details where any transaction in respect of

share in any company referred to in 9 has the effect of transferring
the right of management or control over the Bangladeshi concern:
(i) Name of the company
(ii) Details of the transaction including consideration for such

transaction
(iii) Name of transferor along with address
(iv) Percentage share transferred including percentage holding

of transferor during the period of 12 months preceding the
transfer
(v) Details of the transferee along with address
(vi) Holding structure in respect of shares of the company

before and after the transfer
(vii) Financial and accounting statements of the company or the

entity
(viii) Basis of determining the location of share or interest being

transferred
(ix) Value and breakup of assets of the Bangladeshi concern

immediately before the date of transfer
(x) Basis of valuation of assets of the company
(xi) Details of supporting documents in respect of items (viii)

and (x)

Important SROs
PART C
[To be filled for reporting the information in respect of transfer of share during the
income year]
11 Provide the following details where share of the company referred

to in 9 has been transferred during the income year, the income
from which is deemed to accrue or arise in Bangladesh under the
provisions of section 18(2):
(ii) Details of the transaction(s)
(iv) Percentage share transferred including holding percentage

of transferor during the period of 12 months preceding the
transfer
(v) Value of total assets of the company
(vi) Details of transferee along with address
12 Provide the following details where any transaction in respect of

shares of, any company referred to in 9 has the effect of
transferring right of management or control over the Bangladesh
concern:
(ii) Details of the transaction including consideration
(iv) Percentage share transferred including holding

percentage of transferor during the period of 12 months
preceding the transfer
(v) Details of transferee along with address
13 Value and breakup of assets of the Bangladeshi concern,-
(i) at the beginning of the year
(ii) at the end of the year

Important SROs
14 Basis of valuation of assets referred to in items 11(v), 12(b) (iii)

and (iv) and 13.
15 Details of supporting documents in respect of items 11(v), 12(b)

(iii) and (iv) and 13.
Signature of Authorized Person
Name:……………………
16 Verification
I solemnly declare that-
(a) to the best of my knowledge and belief the information given in this form
and statements and documents annexed or attached herewith are correct
and complete;
(b) I am signing this form in my capacity as ........................ and I am
competent to sign this form and verify it.
Name Signature
Designation
Date of Signature (DD-MM-YYYY) Place of Signature

2 0
For official use only
Return Submission Information
Date of Submission (DD-MM-YYYY) Tax Office Entry Number
2 0
২। এই প্রজ্ঞাপন ১ জুলাই, ২০২২ বিস্টাব্দ তাবরখ হইদত কায থকর হইদব।

Important SROs
৩। উপবর-উক্ত সাংদশািনী প্রস্তাব সম্পদকথ কাহারও বকাদনা আপবত্ত এবাং পরামশথ র্াবকদল সাংবিষ্ট ব্যবক্তদক উহা,
এই প্রজ্ঞাপন সরকাবর বগদজদে প্রকাদশর তাবরখ হইদত আগামী ৩০ জুন, ২০২২ বিস্টাব্দ তাবরদখর মদে,
বনম্নস্বাক্ষরকারীর বনকে বপ ৌঁছাদনার জন্য অনুদরাি করা যাইদতদছ এবাং উক্ত সমদয়র মদে সাংদশািনী প্রস্তাব
সম্পদকথ বকাদনা ব্যবক্তর বনকে হইদত বকাদনা আপবত্ত বা পরামশথ পাওয়া বগদল জাতীয় রাজস্ব ববার্ থ উহা
ববদবচনাক্রদম চূড়ান্ত কবরদব এবাং উক্ত সমদয়র মদে বকাদনা আপবত্ত বা পরামশথ পাওয়া না বগদল উক্ত
Ordinance এর section 185 এর sub-section (4) এর proviso অনুযায়ী এই প্রাক-প্রকাশনার
প্রজ্ঞাপনটি উহার চূড়ান্ত প্রকাশনা ববলয়া গণ্য হইদব।-
জাতীয় রাজস্ব ববাদর্ থর আদেশক্রদম,
সামস উদ্দিন আহমমদ

সদস্য (কর নীদ্দি)

Important SROs

(আয়কর)
তারিখ: 18 জ্যৈষ্ঠ, ১৪২৯ বঙ্গাব্দ / 01 জুন, ২০২২ রিষ্টাব্দ।
এস. আর. ও. নাং-157-আইন/আয়কর/২০২২।– Income-tax Ordinance, 1984 (Ordinance No.

XXXVI of 1984), অতঃপর উক্ত Ordinance ববলয়া উবিবিত, এি section 44 এি sub-section (4) এি clause
(b) তত প্রদত্ত ক্ষমতাবলে, সিকাি, হাঁস-মুরগীর িামার, হাঁস-মুরগী, ব াংবি ও মাদের হযা ারী (hatchery) এবাং মৎস াষ হইদত
অবজথত আদয়র উপর উক্ত Ordinance এর ববধানাববল পবরপালন সাদপদে উক্ত Ordinance এর অধীন প্রদেয় আয়কর
হ্রাসপূব থক বনম্নরূদপ ধার্ থ কবরল, র্র্া:-
আদয়র পবরমাণ আয়কলিি হাি

প্রথম ১০ েক্ষ টাকা পর্ যন্ত আলয়ি উপি শূন্য
পিবতী ১০ েক্ষ টাকা পর্ যন্ত আলয়ি উপি ৫%
পিবতী ১০ েক্ষ টাকা পর্ যন্ত আলয়ি উপি ১০%
অবরিষ্ট আলয়ি উপি ১৫%
(২) এই প্রজ্ঞাপন ১ জুোই, ২০২২ রিস্টাব্দ তারিখ হইলত কার্ যকি হইলব।
রাষ্ট্রপবতর আদেশক্রদম,
(আবু বহনা বমাঃ রহমাতুল মুবনম)

বসবনয়র সব ব

Important SROs

(আয়কর)

(b) তত প্রদত্ত ক্ষমতাবলে, সিকাি, িপ্তারি হইলত অরজিত সকে প্রকাি আলেি উপি রিম্নবরণ িত শতি সালপলক্ষ আেকি অব্যাহরত
বা, তক্ষত্রমত, হ্রাস করিো প্রলদে আেকলিি হাি রিলম্নাক্তভালব ধার্ ি করিে, যর্া:-
(ক) স্বাভারবক ব্যরক্ত (individual), ফামি ও রহন্দু অরবভক্ত পরিবাি কর্তিক অরজিত আলেি ৫০% কিমুক্ত থারকলব;
(খ) স্বাভারবক ব্যরক্ত (individual), ফামি ও রহন্দু অরবভক্ত পরিবাি ব্যতীত অন্যান্য কিদাতালদি অরজিত আলেি উপি
১২%; এবং
(গ) স্বাভারবক ব্যরক্ত (individual), ফামি ও রহন্দু অরবভক্ত পরিবাি ব্যতীত অন্যান্য কিদাতা কর্তিক Leadership in
Energy and Environmental Design (LEED) Certified কারািানায় উৎপাবেত পণ্য রপ্তাবন হইদত
অরজিত আলেি উপি ১০%।
শতথাববল
(অ) রপ্তাবনকারক বক করোতা সনাক্তকরণ নম্বরধারী (টিআইএন) হইদত হইদব;
(আ) এই প্রজ্ঞাপলিি অধীি অনুলমারদত প্ররতষ্ঠািলক উক্ত Ordinance এর ববধানাববল পবরপালন কবরদত হইদব;
(ই) বকান আয়বদষ থ (income year) পবরদবশ সাংবিষ্ট বববধ ববধান লাংঘদনর োদয় সরকাদরর বকান কর্তথপক্ষ কর্তথক অর্ থেন্ড
আদরাবপত হইদল সাংবিষ্ট করবদষ থ বনয়বমত হাদর আয়কর পবরদশাধদযাগ্য হইদব;
(২) সকল প্রকার Transportation Service, Mobile Telecommunication Service এবাং Internet and
Internet Related Service এর জন্য এই প্রজ্ঞাপদনর সুববধা প্রদযাজয হইদব না।
(৩) এই প্রজ্ঞাপন ১ জুলাই, ২০২২ বিষ্টাব্দ হইদত কায থকর হইদব এবাং ৩০ জুন ২০২৮ পয থন্ত কায থকর র্াবকদব।

বসবনয়র সবিব

Important SROs

(আয়কর)
এস. আর. ও. নাং-159-আইন/আয়কর/২০২২।– Income-tax Ordinance, 1984 (Ordinance

No. XXXVI of 1984), অতঃপর উক্ত Ordinance ববলয়া উবিবিত, এি section 44 এি sub-section
(4) এি clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি বস্ত্র উৎপাদলেি সরিত জরিত তকাে সুতা উৎপাদে, সুতা ডাইর িং,
রিরের িং, তকারেিং, কাপি ততিী, কাপি ডাইর িং, রপ্ররটিং অথবা উক্তরূপ এক বা একারিক প্ররি া রেল ারজত তকাে
তকাম্পােীি উরিরখত র লেি ব্যবসা িইলত অরজিত আল ি উপি রেম্নবরণ িত তি সালপলক্ষ প্রলদ আ কলিি িাি হ্রাস
করি া ১৫% (পলেি তািং ) িার্ ি করিে, যর্া:-
শতথাববল
(ক) উৎপােনকারী প্রবতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সাদলর ১৮ নাং আইন) এর অধীন বনববিত হইদত
হইদব;
(ি) এই প্রজ্ঞাপলেি অিীে অনুলমারদত প্ররতষ্ঠােলক উক্ত Ordinance এর ববধানাববল পবরপালন কবরদত হইদব;
(গ) বকান আয়বদষ থ (income year) পবরদবশ সাংবিষ্ট বববধ ববধান লাংঘদনর োদয় সরকাদরর বকান কর্তপথ ক্ষ
থ অর্ থেন্ড আদরাবপত হইদল সাংবিষ্ট করবদষ থ বনয়বমত হাদর আয়কর পবরদশাধদযাগ্য হইদব;
কর্তক
(২) এই প্রজ্ঞাপন ১ জুলাই, ২০২২ বিষ্টাব্দ হইদত কায থকর হইদব এবাং ৩০ জুন ২০২৫ পয থন্ত কায থকর র্াবকদব।

বসবনয়র সবিব

Important SROs

(আয়কর)

(b) তত প্রদত্ত ক্ষমতাবলে, সিকাি, এই রবভালেি রিম্নবরণ িত প্রজ্ঞাপিসমূহ িরহত করিে, যর্া:-
(ক) এস. আর. ও নাং ১৯৩-আইন/আয়কর/২০১৫, তাবরি: ৩০ জুন, ২০১৫ বিষ্টাব্দ;
(ি) এস. আর. ও নাং ২৫৪-আইন/আয়কর/২০১৫, তাবরি ১৬ আগষ্ট ২০১৫ বিষ্টাব্দ;
(গ) এস. আর. ও নাং ২৫৫-আইন/আয়কর/২০১৫, তাবরি ১৬ আগষ্ট ২০১৫ বিষ্টাব্দ;
(ঘ) এস. আর. ও নাং ২৫৫-আইন/আয়কর/২০১৭, তাবরি: ১ আগষ্ট ২০১৭ বিষ্টাব্দ;
(ঙ) এস. আর. ও নাং ২১৪-আইন/আয়কর/২০১৯, তাবরি: ২৩ জুন ২০১৯ বিষ্টাব্দ; এবাং
(চ) এস. আর. ও নাং ২১৫-আইন/আয়কর/২০১৯, তাবরি: ২৩ জুন ২০১৯ বিষ্টাব্দ ।
(২) এই প্রজ্ঞাপি ১ জুোই, ২০২২ রিস্টাব্দ তারিখ হইলত কার্ িকি হইলব।
(আবু বেনা বমাঃ রেমাতুল মুবনম)

বসবনয়র সবচব

Important SROs

(আয়কর)
তারিখ: 20 জ্যৈষ্ঠ, ১৪২৮ বঙ্গাব্দ /03 জুন, ২০২১ খ্রিষ্টাব্দ।
এস. আর. ও. নাং-163-আইন/আয়কর/২০২১।- Income tax Ordinance, 1984 (Ordinance No.

XXXVI of 1984), অতঃপর উক্ত Ordinance বললয়া উলিলিত, এি section 44 এি sub-section (4) এি
clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি তফরসে-১ এ বরণ িত পণ্য উৎপাদন হইদত অলজথত আদয়র উপর উক্ত
Ordinance এর অধীন প্রদেয় আয়কর হইদত লনম্নবলণ থত শতথ সাদপদে ১০ (েশ) বৎসদরর জন্য সম্পূণ থভাদব কর
অব্যাহলত প্রোন কলরল, যর্া:-
শতথাবলল:
(১) উৎপাদনকািী প্রলতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সদনর ১৮ নাং আইন) এর অধীন লনবলিত হইদত
হইদব এবাং বাাংোলদশ রবরনল াগ উন্ন ন কর্তিপক্ষ কর্তিক রনবরিত হইলত হইদব;
(২) উৎপােনকারী প্রলতষ্ঠানদক আবলিকভাদব তার লনজস্ব কারিানায় অন্যূন ৩০ (লিশ) শতাাংশ মূল্য সাংদযাজন
কলরদত হইদব;
(৩) এই প্রজ্ঞাপলনি অধীন অনুলমারদত প্ররতষ্ঠানলক উক্ত Ordinance এর লবধানাবলল পলরপালন কলরদত হইদব;
(৪) এই প্রজ্ঞাপদন বলণ থত পণ্য উৎপােন হইদত অলজথত আয় ব্যলতদরদক অন্যান্য সকল প্রকার আদয়র বেদি এই প্রজ্ঞাপদনর
সুলবধা প্রদযাজূ হইদব না;
(৫) উপলর-উক্ত শতথাবললর পলরপালন এবাং তফরসে তমাতালবক অনুলমাদন সাদপদে ৩০ জুন, ২০৩০ রিষ্টাব্দ তারিলখি
মলে তফরসে-১ এ বরণ িত পণ্য বালণলজূক উৎপােন আরম্ভ কলরয়াদে এমন বকাম্পালন এই প্রজ্ঞাপলনি সুরবধা প্রাপ্য
হইলব।
তফলসল-১
এই প্রজ্ঞাপলনি অধীন কি অব্যাহরতি রনরমত্ত রনম্নবরণ িত পলণ্যি উৎপাদনকািীলক অনুলমাদন কিা যাইলব, যথা:
মাদািলবার্,ি কযারসাং, ইউরপএস, স্পীকাি, সাউন্ড রসলেম, পাও াি সাপ্লাই, ইউএসরব কযাবে, রসরসটিরি এবাং তপনড্রাইি।
তফলসল-২
১। এই প্রজ্ঞাপলন উরিরখত অব্যাহরতি সুলযাগ গ্রহণ করিবাি জন্য সাংরিষ্ট উৎপাদনকািী প্ররতষ্ঠানলক এই প্রজ্ঞাপলন
উরিরখত শতিাবরে পরিপােন কিা হইলব মলমি নন-জুরর্রস াে েযালে অঙ্গীকািনামা প্রদানপূব িক আনুষরঙ্গক
দরেোরদসহ জাতী িাজস্ব তবালর্ িি রনকট তফলসদলর অনুলেদ ২ তমাতালবক আলবদন করিলত হইলব।
২। বকাম্পালনর ব্যবস্থাপনা পলরচালক লনম্নবলণ থত আদবেন ফদমথর লনধ থালরত স্থাদন প্রতূয়ন এবাং স্বাের কলরয়া ২ (দুই)
কলপ জাতীয় রাজস্ব ববাদর্ থ োলিল কলরদবন:
আদবেন পি
ক. বকাম্পালনর নাম, টিআইএন ও লবআইএন:
ি. বকাম্পালনর লনবিদনর তালরি:

Important SROs
গ. বকাম্পালনর লনবলিত অলফদসর পূণ থাঙ্গ ঠিকানা:

ঘ. প্রর্ম এললস বিালার তালরি (প্রদযাজূ বেদি):
ঙ. যন্ত্রপালত স্থাপদনর কাল এবাং উৎপােদনর জন্য প্রস্তুত হইবার তালরি:
চ. পরীোমূলক উৎপােদনর কাল:
ে. বালণলজূক উৎপােন আরদম্ভর তালরি:
জ. লবলনদয়াদগর পলরমাণ:
ঝ. পলরদশালধত মূলধদনর পলরমাণ:
ঞ. অনুদমালেত মূলধদনর পলরমাণ:
ট. কমথচারীর সাংখ্যা:
ঠ. গ্যাস বা লবদুূৎ সাংদযাগ গ্রহদণর তালরি:
র্. উৎপােনকৃত পদণ্যর তাললকা:
ঢ. পণ্যলভলিক উৎপােদনর কাঁচামাল:
ণ. কারিানার অবস্থান ও ঠিকানা:
তালরি: ব্যবস্থাপনা পলরচালদকর স্বাের
প্রতিপাদন এবং স্বাক্ষর
আলম........................বঘাষণা কলরদতলে বয, এই লরটান থ এবাং সাংযুক্ত তথ্য ও প্রমাণালে আমার জ্ঞান ও
লবশ্বাসমদত সঠিক ও সম্পূণ থ।
৩। আদবেনপদির সলহত আবলিক সাংযুলক্ত:

ক. বকাম্পালনর লনবিন সনদের কলপ;
ি. ব্যবসা আরদম্ভর সনদের কলপ;
গ. বকাম্পালনর বমদমাদরন্ডাম এবাং আটিকূাল থ অব এদসালসদয়শদনর কলপ;
ঘ. এই প্রজ্ঞাপদন উলিলিত কারিানা মূল্য সাংদযাজদনর সপদে মূসক ৪.৩ োলিল;
ঙ. আদবেদনর মাদসর পূব থবতী মাস পয থন্ত বকাম্পালনর লনরীলেত আলর্ থক লববরণী সমূহ;
চ. লবলনদয়াদগর লবস্তালরত লববরণ;
ে. ভাড়ায় বা লীদজ লবলডাং, প্ল্ূান্ট বা যন্ত্রপালত ব্যবহৃত হইদল তাহার লবস্তালরত লববরণ;
জ. পণ্যলভলিক উৎপােদনর কাঁচামাল এবাং সরবরাহকারীর লবস্তালরত তাললকা।
৪। বকাম্পালনর আদবেদনর বপ্রলেদত লনম্নবলণ থত কলমটি আদবেদনর লবষদয় অনুসিান কায থক্রম পলরচালনাপূব থক
অনুসিান প্রলতদবেন জাতীয় রাজস্ব ববাদর্ থর লনকট োলিল কলরদব-
(ক) প্রর্ম সলচব (কর নীলত), জাতীয় রাজস্ব ববার্ থ, ঢাকা আহবায়ক
(ি) সাংলিষ্ট উপ-কর কলমশনার সেস্য

Important SROs
(গ) বযদকাদনা প্রদকৌশল লবশ্বলবদ্যালদয়র একজন উপযুক্ত প্রলতলনলধ সেস্য

(ঘ) লিতীয় সলচব (কর আইন-১ ), জাতীয় রাজস্ব ববার্ থ, ঢাকা সেস্য সলচব।
৫। পলরেশথদনর আদেশ প্রালির ৩০ (লিশ) লেদনর মদে িফতিল-2 এর অনুদেে ৪ এ উলিলিত করমটি সাংরিষ্ট প্ররতষ্ঠান
পরিদশিনপূব িক পরিদশিন প্ররতলবদন জাতী িাজস্ব তবালর্ ি দারখে করিলব এবাং উক্ত করমটিি আলবদলনি তপ্ররক্ষলত
তবার্ ি তযৌরক্তক সম বৃরি করিলত পারিলব।
৬। পরিদশিন প্ররতলবদন প্রারিি পি জাতী িাজস্ব তবার্ ি প্ররতলবদন রবলবচনাপূব িক এই প্রজ্ঞাপলনি শতিাবরে যথাযথিালব
প্ররতপারেত হই ালে মলমি সন্তুষ্ট হইলে উক্ত প্ররতলবদন প্রারিি ৩০ (লিশ) রদলনি মলে সাংরিষ্ট উৎপাদনকািী
প্ররতষ্ঠানলক অব্যাহরত সনদ প্রদান করিলব অথবা, তক্ষত্রমত, আলবদন প্রতযাখাত হই ালে মলমি আলবদনকািীলক
রেরখতিালব অবরহত করিলব।
৭। দারখেকৃত আলবদন প্রতযাখাত হইলে আলবদনকািী জাতী িাজস্ব তবালর্ িি রসিান্ত পুনরব িলবচনা করিবাি রনরমত্ত
আলবদন করিলত পারিলব এবাং উক্ত পুনরব িলবচনাি আলবদন দারখলেি ৩০ (লিশ) রদলনি মলে জাতী িাজস্ব তবালর্ িি
সদস্য পদময িাদাি একজনলক আহবা ক করি া রতন সদস্য রবরশষ্ট করমটি আলবদনকািীলক শুনানীি সুলযাগ
প্রদানপূব িক চূড়ান্ত রসিান্ত প্রদান করিলব।
রাষ্ট্রপলতর আদেশক্রদম,
আবু হেনা হমাোঃ রেমাতুল মুখ্রনম

খ্রিখ্রনয়র িখ্রিব

Important SROs

(আয়কর)

clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি ফে প্রলিয়াজাতকরণ, শাক-সবরি প্ররিয়ািাতকিণ, দুগ্ধ ও দুগ্ধিাত পণ্য
উৎপাদন, রশশু খাদ্য উৎপাদন এবং কৃরিযন্ত্র উৎপাদন হইদত অলজথত আদয়র উপর উক্ত Ordinance এর অধীন প্রদেয়
আয়কর হইদত লনম্নবলণ থত শতথ সাদপদে বালণলজিক উৎপােদনর প্রর্ম ১০ (েশ) বৎসর সম্পূণ থভাদব কর অব্যাহলত প্রোন কলরল,
যর্া:-
শতথাবলল
(১) উৎপােনকারী প্রলতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সাদলর ১৮ নাং আইন) এর অধীন লনবলিত হইদত হইদব;
(২) উৎপােনকারী প্রলতষ্ঠানদক বাংোলদশ রবরনলয়াগ উন্নয়ন কর্তৃপক্ষ কর্তৃক রনবরিত হইলত হইদব এবং অন্যিন এক
বকাটি টাকা লবলনদয়াগ কলরদত হইদব;
(৩) ফল প্রলিয়াজাতকরণ, শাক-সবলজ প্রলিয়াজাতকরণ, দুগ্ধ ও দুগ্ধজাত পণ্য উৎপােন এবাং লশশু িাদ্য উৎপােদনর
মূল কাঁচামাল সম্পূণ থভাদব বেদশ উৎপালেত হইদত হইদব;
(৪) “কৃলিযন্ত্র” বললদত শস্য উৎপােদন বা বযদকাদনা প্রকাদরর ফালমথাং এ ব্যবহৃত হইদতদে বা হইদব এমন জ্বালালন বা
লবদুিৎ চাললত যন্ত্রদক বুঝাইদব;
(৫) কৃরিযন্ত্র উৎপােনকারী প্রলতষ্ঠাদনর লনজস্ব কারিানায় অন্যিন ৩০ (লিশ) শতাাংশ মূল্য সাংদযালজত কলরদত হইদব;
(৬) অস্বাস্থ্যকি কারিানা পলরদবদশর কারদণ লকাংবা অস্বাস্থ্যকি বা মানহীন খাদ্য উৎপাদলনি কািলণ তকালনা বৎসলি
তকালনা সিকারি কর্তৃপক্ষ কর্তৃক িরিমানা আলিারপত হইলে উক্ত বৎসলিি িন্য এই প্রজ্ঞাপলনি সুরবধা বারতে
হইলব;
(৭) এই প্রজ্ঞাপলনি অধীন অনুলমারদত প্ররতষ্ঠানলক উক্ত Ordinance এর লবধানাবলল পলরপালন কলরদত হইদব;
(৮) এই প্রজ্ঞাপদন বলণ থত উৎপােন ব্যবসা হইদত অলজথত আয় ব্যলতদরদক অন্যান্য সকল প্রকার আদয়র বেদি এই
প্রজ্ঞাপদনর সুলবধা প্রদযাজি হইদব না;
(৯) থ হইয়া বা
এই প্রজ্ঞাপদন বলণ থত উৎপােন ব্যবসায় যর্ারীলত লবদ্যমান বকাদনা ব্যবসা হইদত লবলিন্ন হইয়া বা পুনগঠিত
পুনঃসাংদযালজত হইয়া নতুন সত্ত্বা সৃলির মাধ্যদম পণ্য উৎপােন করা যাইদব না;
(১০) উপলর-উক্ত শতথাবললর পলরপালন এবাং তফরসে তমাতালবক অনুলমাদন সাদপদে ১ জুলাই ২০২১ হইদত ৩০ জুন
২০৩০ রিষ্টাব্দ তালরদির মদধ্য বালণলজিক উৎপােন আরম্ভ কলরয়াদে এমন বকাম্পালন এই প্রজ্ঞাপলনি সুরবধা প্রাপ্য
হইলব।

Important SROs
তফলসল
১। এই প্রজ্ঞাপলন উরিরখত অব্যাহরতি সুলযাগ গ্রহণ করিবাি িন্য সংরিষ্ট উৎপাদনকািী প্ররতষ্ঠানলক এই প্রজ্ঞাপলন
উরিরখত শতৃাবরে পরিপােন কিা হইলব মলমৃ নন-জুরিরসয়াে স্ট্যালে অঙ্গীকািনামা প্রদানপূব ৃক আনুিরঙ্গক
দরেোরদসহ িাতীয় িািস্ব তবালি ৃি রনকট তফরসলেি অনুলেদ ২ তমাতালবক আলবদন করিলত হইলব।
২। বকাম্পালনর ব্যবস্থাপনা পলরচালক লনম্নবলণ থত আদবেন ফদমথর লনধ থালরত স্থাদন প্রতিয়ন এবাং স্বাের কলরয়া ২ (দুই)
ঘ. প্রর্ম এললস বিালার তালরি (প্রদযাজি বেদি):
ে. বালণলজিক উৎপােন আরদম্ভর তালরি:
ঠ. গ্যাস বা লবদুিৎ সাংদযাগ গ্রহদণর তালরি:
র্. উৎপােনকৃত পদণ্যর তাললকা:
ঢ. পণ্যলভলিক উৎপােদনর কাঁচামাল:
আলম........................ সশ্রদ্ধলচদি বঘািণা কলরদতলে বয, এই লরটান থ এবাং সাংযুক্ত তথ্য ও প্রমাণালে আমার
জ্ঞান ও লবশ্বাসমদত সঠিক ও সম্পূণ থ।

থ
গ. বকাম্পালনর বমদমাদরন্ডাম এবাং আটিকিাল অব এদসালসদয়শদনর কলপ;
ঙ. আদবেদনর তালরি পয থন্ত বকাম্পালনর লনরীলেত আলর্ থক লববরণী সমূহ;

Important SROs
ে. ভাড়ায় বা লীদজ লবলডাং, প্ল্িান্ট বা যন্ত্রপালত ব্যবহৃত হইদল তাহার লবস্তালরত লববরণ;
জ. পণ্যলভলিক উৎপােদনর কাঁচামাল এবাং সরবরাহকারীর লবস্তালরত তাললকা।
৪। বকাম্পালনর আদবেদনর বপ্রলেদত লনম্নবলণ থত কলমটি আদবেদনর লবিদয় অনুসিান কায থিম পলরচালনাপূব থক অনুসিান
প্রলতদবেন জাতীয় রাজস্ব ববাদর্ থর লনকট োলিল কলরদব-
(ি) সাংলিি উপ-কর কলমশনার সেস্য
(গ) বযদকাদনা কৃলি লবশ্বলবদ্যালয় হইদত একজন উপযুক্ত প্রলতলনলধ সেস্য
(ঘ) লিতীয় সলচব (কর আইন-১), জাতীয় রাজস্ব ববার্ থ, ঢাকা সেস্য সলচব।
৫। পলরেশথদনর আদেশ প্রালির ৩০ (লিশ) লেদনর মদধ্য তফলসল এর অনুদিে ৪ এ উলিলিত করমটি সংরিষ্ট প্ররতষ্ঠান
পরিদশৃনপূব ৃক পরিদশৃন প্ররতলবদন িাতীয় িািস্ব তবালি ৃ দারখে করিলব এবং উক্ত করমটিি আলবদলনি তপ্ররক্ষলত
তবাি ৃ তযৌরক্তক সময় বৃরি করিলত পারিলব।
৬। পরিদশৃন প্ররতলবদন প্রারিি পি িাতীয় িািস্ব তবাি ৃ প্ররতলবদন রবলবচনাপূব ৃক এই প্রজ্ঞাপলনি শতৃাবরে যথাযথভালব
প্ররতপারেত হইয়ালে মলমৃ সন্তুষ্ট হইলে, উক্ত প্ররতলবদন প্রারিি ৩০ (রিশ) রদলনি মলে সংরিষ্ট উৎপাদনকািী
প্ররতষ্ঠানলক অব্যাহরত সনদ প্রদান করিলব অথবা, তক্ষিমত, আলবদন প্রতযাখাত হইয়ালে মলমৃ আলবদনকািীলক
রেরখতভালব অবরহত করিলব।
৭। দারখেকৃত আলবদন প্রতযাখাত হইলে আলবদনকািী িাতীয় িািস্ব তবালি ৃি রসিান্ত পুনরব ৃলবচনা করিবাি রনরমত্ত
আলবদন করিলত পারিলব এবং উক্ত পুনরব ৃলবচনাি আলবদন দারখলেি ৩০ (রিশ) রদলনি মলে িাতীয় িািস্ব তবালি ৃি
সদস্য পদময ৃাদাি একিনলক আহবায়ক করিয়া রতন সদস্য রবরশষ্ট করমটি আলবদনকািীলক শুনানীি সুলযাগ
প্রদানপূব ৃক চূড়ান্ত রসিান্ত প্রদান করিলব।
রাষ্ট্রপলতর আদেশিদম,


Important SROs

(আয়কর)

clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি বাাংোলদলে উৎপারদত অল ালমাবাইে (লি হুইলার ও ব ার হুইলার) হইদত
অলজথত আদয়র উপর উক্ত Ordinance এর অধীন প্রদেয় আয়কর হইদত লনম্নবলণ থত শতথ সাদপদে প্রর্ম ১০ (েশ) বৎসর
সম্পূণ থভাদব কর অব্যাহলত এবাং পরবতী ১০ (েশ) বৎসর হ্রাসকৃত ১০ (েশ) শতাাংশ করহার লনধ থারণ কলরল, যর্া:-
(১) উৎপােনকারী প্রলতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সদনর ১৮ নাং আইন) এর অধীন লনবলিত হইদত হইদব;
(২) উৎপােনকারী প্রলতষ্ঠানদক বাাংোলদে রবরিল াগ উন্ন ি কর্তৃপক্ষ কর্তৃক রিবরিত হইদত হইদব এবাং অন্যূন ১০০
(এক শত) বকাটি টাকা লবলনদয়াগ কলরদত হইদব;
(৩) উৎপােনকারী প্রলতষ্ঠানদক বাাংোলদে সড়ক পরিবহি কর্তৃপক্ষ হইলত পণ্য উৎপাদলিি তমকাি’স তকাড (Maker’s
Code) এবাং াইপ অনুলমাদি (type approval) গ্রহণ করিলত হইলব;
(৪) এই প্রজ্ঞাপদনর অধীন সম্পূণ থ করমুক্ত সুলবধা প্রালির লনলমত্ত উৎপােনকারী প্রলতষ্ঠানদক আবলিকভাদব তাহার লনজস্ব
কারিানায় অন্যূন ৩০ (লিশ) শতাাংশ মূল্য সাংদযাজন কলরদত হইদব এবাং সম্পূণ থ করমুক্ত সুলবধা বভাগ বশদে লনজস্ব
কারিানায় অন্যূন ৪০ (চলিশ) শতাাংশ মূল্য সাংদযাজন সাদপদে পরবতী েশ বৎসর হ্রাসকৃত ১০ (েশ) শতাাংশ হাদর
কর পলরদশাধ কলরদব, তদব লনজস্ব কারিানায় অন্যূন ৪০ (চলিশ) শতাাংশ মূল্য সাংদযাজন কলরদত ব্যর্ থ হইদল
সাধারণ করহার প্রদযাজূ হইদব;
(৫) এই প্রজ্ঞাপদনর অধীন অনুদমােন প্রালির প্রর্ম ৫ (পাঁচ) বৎসর পর হইদত লনজস্ব কারিানায় গালির ইলিন, ট্রান্সলমশন
লসদেম ও লেয়ালরাং লসদেম সাংদযাজন কলরদত হইদব;
(৬) ব ার হুইলার বমাটর কার ও ভালর বমাটর যান উৎপাদিকািী প্ররতষ্ঠালি একারিক যন্ত্াাংে তযমি: লর-ইনদ াস থদমন্ট
পাইপ, লর-ইনদ াস থদমন্ট ব্রাদকট, ফুদয়ল ট্াাংক কভার, ব্যাটালর লসল, ইলিন হুক, ওয়ালরাং ক্ল্ূাম্প, কনদর্ন্সর ল লসাং
ব্রাদকট ইতযারদ basic raw material হইলত ততরি করিলত হইলব এবাং এই সকে ততরিি সাংরিষ্ট তমরেিারি
থারকলত হইলব;
(৭) উৎপােনকারী প্রলতষ্ঠাদন ব্র্যান্ড ম্যানু ূাকচারার অনুদমালেত বপইন্ট শপ র্ালকদত হইদব এবাং বাাংলাদেদশ লনবলিত
ব্র্যান্ড ম্যানু ূাকচারাদরর লনজস্ব বপইন্ট শপ র্ালকদত হইদব, াইনাল রাং লনজস্ব বপইন্ট শদপ কলরদত হইদব;
(৮) লি হুইলার উৎপােনকারী প্রলতষ্ঠাদন সম্পূণ থ লবযুক্ত অবস্থায় ইলিদনর লবলভন্ন যন্ত্রাাংশ সাংদযাজনপূব থক পূণ থাঙ্গ ইলিন
সাংদযাজন কলরবার পৃর্ক অূাদসম্বলল লাইন র্ালকদত হইদব এবাং এতদ্‌ব্যতীত বচলসস ও বলর্ পাট থস এর ক্ষুদ্র ক্ষুদ্র
অাংশ স্থানীয়ভাদব বা আমোলনপূব থক বচলসস ও বলর্ পাট থস ততলর কলরদত হইদব;

Important SROs
(৯) পলরদবশ-বািব গািী উৎপােদনর লনলমত্ত অনুূন Euro 3 Emission Standard বা সমমান Standard
অনুসরণ কলরদত হইদব এবাং বসই লদেূ ব্র্যান্ড ম্যানু ূাকচারার এর প্রতূয়ন র্ালকদত হইদব;
(১০) এই প্রজ্ঞাপলিি অিীি অনুলমারদত প্ররতষ্ঠািলক উক্ত Ordinance এর লবধানাবলল পলরপালন কলরদত হইদব;
(১১) এই প্রজ্ঞাপদন বলণ থত অদটাদমাবাইল উৎপােন হইদত অলজথত আয় ব্যলতদরদক অন্যান্য সকল প্রকার আদয়র বেদি
এই প্রজ্ঞাপদনর সুলবধা প্রদযাজূ হইদব না;
(১২) উপলর-উক্ত শতথাবললর পলরপালন এবাং তফরসে তমাতালবক অনুলমাদি সাদপদে ৩০ জুি, ২০৩০ রিষ্টাব্দ তারিলখি
মলে বালণলজূক উৎপােন আরম্ভ কলরয়াদে এমন বকাম্পালন এই প্রজ্ঞাপলিি সুরবিা প্রাপ্য হইলব।
ত লসল
১। এই প্রজ্ঞাপলি উরিরখত অব্যাহরতি সুলযাগ গ্রহণ করিবাি জন্য সাংরিষ্ট উৎপাদিকািী প্ররতষ্ঠািলক এই প্রজ্ঞাপলি
উরিরখত েতৃাবরে পরিপােি কিা হইলব মলমৃ িি-জুরডরস াে স্ট্যালে অঙ্গীকািিামা প্রদািপূব ৃক আনুষরঙ্গক
দরেোরদসহ জাতী িাজস্ব তবালড ৃি রিক তফরসলেি অনুলেদ ২ তমাতালবক আলবদি করিলত হইলব।
২। বকাম্পালনর ব্যবস্থাপনা পলরচালক লনম্নবলণ থত আদবেন দমথর লনধ থালরত স্থাদন প্রতূয়ন এবাং স্বাের কলরয়া ২ (দুই)
গ. বকাম্পালনর লনবলিত অল দসর পূণ থাঙ্গ ঠিকানা:
ঙ. যন্ত্রপালত স্থাপদনর কাল এবাং উৎপােদনর লনলমত্ত প্রস্তুত হইবার তালরি:
র্. উৎপােনকৃত পদের তাললকা:
ঢ. পেলভলত্তক উৎপােদনর কাঁচামাল:
ণ. কারিানার ঠিকানা:
তালরি: ব্যবস্থাপনা্‌পলরচালদকর্‌স্বাের
আলম........................্‌সশ্রদ্ধলচদত্ত্‌বঘােণা্‌কলরদতলে্‌বয,্‌এই্‌লরটান থ্‌এবাং্‌সাংযুক্ত্‌তথ্য্‌ও্‌প্রমাণালে্‌আমার্‌
জ্ঞান্‌ও্‌লবশ্বাসমদত্‌সঠিক্‌ও্‌সম্পূণ থ।

Important SROs

ঙ. আদবেনকৃত মাদসর পূব থবতী মাস পয থন্ত বকাম্পালনর লনরীলেত আলর্ থক লববরণী সমূহ;
ে. ভািায় বা লীদজ লবলডাং, প্ল্ূান্ট বা যন্ত্রপালত ব্যবহৃত হইদল তাহার লবস্তালরত লববরণ;
জ. পেলভলত্তক উৎপােদনর কাঁচামাল এবাং সরবরাহকারীর লবস্তালরত তাললকা।
৪। বকাম্পালনর আদবেদনর বপ্রলেদত লনম্নবলণ থত কলমটি আদবেদনর লবেদয় অনুসিান কায থক্রম পলরচালনাপূব থক অনুসিান
(গ) বযদকাদনা প্রদকৌশল লবশ্বলবদ্যালদয়র Industrial Production সেস্য
Engineering (IPE) এবাং Mechanical Engineering (ME)
লবভাগ হইদত একজন কলরয়া প্রলতলনলধ
৫। পলরেশথদনর আদেশ প্রালির ৩০ (লিশ) লেদনর মদে ত লসল এর অনুদেে ৪ এ উলিলিত করমটি সাংরিষ্ট প্ররতষ্ঠাি
পরিদেৃিপূব ৃক পরিদেৃি প্ররতলবদি জাতী িাজস্ব তবালড ৃ দারখে করিলব এবাং উক্ত করমটিি আলবদলিি তপ্ররক্ষলত
তবাড ৃ তযৌরক্তক সম বৃরি করিলত পারিলব।
৬। পরিদেৃি প্ররতলবদি প্রারিি পি জাতী িাজস্ব তবাড ৃ প্ররতলবদি রবলবচিাপূব ৃক এই প্রজ্ঞাপলিি েতৃাবরে যথাযথভালব
প্ররতপারেত হই ালে মলমৃ সন্তুষ্ট হইলে উক্ত প্ররতলবদি প্রারিি ৩০ (রিে) রদলিি মলে সাংরিষ্ট উৎপাদিকািী
প্ররতষ্ঠািলক অব্যাহরত সিদ প্রদাি করিলব অথবা, তক্ষিমত, আলবদি প্রতযাখাত হই ালে মলমৃ আলবদিকািীলক
৭। দারখেকৃত আলবদি প্রতযাখাত হইলে আলবদিকািী জাতী িাজস্ব তবালড ৃি রসিান্ত পুিরব ৃলবচিা করিবাি রিরমত্ত
আলবদি করিলত পারিলব এবাং উক্ত পুিরব ৃলবচিাি আলবদি দারখলেি ৩০ (রিে) রদলিি মলে জাতী িাজস্ব তবালড ৃি
সদস্য পদময ৃাদাি একজিলক আহবা ক করি া রতি সদস্য রবরেষ্ট করমটি আলবদিকািীলক শুিািীি সুলযাগ
প্রদািপূব ৃক চূড়ান্ত রসিান্ত প্রদাি করিলব।
িাষ্ট্রপরতি আলদেক্রলম,


Important SROs

(আয়কর)
এস. আর. ও. নাং-169-আইন/আয়কর/২০২১।- Income tax Ordinance, 1984 (Ordinance

No. XXXVI of 1984), অতঃপর উক্ত Ordinance বললয়া উলিলিত, এি section 44 এি sub-section
(4) এি clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি তফরসে-১ এ বরণ িত হাসপাতােলক স্বাস্থ্য তসবা প্রদান হইলত
অলজথত আদয়র উপর উক্ত Ordinance এর অধীন প্রদেয় আয়কর হইদত লনম্নবলণ থত শতথ সাদপদে ১০ (েশ) বৎসদরর
জন্য সম্পূণ থভাদব কর অব্যাহলত প্রোন কলরল, যর্া:-
(১) স্বাস্থ্য তসবা প্রদানকািী প্রলতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সদনর ১৮ নাং আইন) এর অধীন লনবলিত
হইদত হইদব এবাং বাাংোলদশ রবরনলয়াগ উন্নয়ন কর্তিপক্ষ কর্তিক রনবরিত হইলত হইদব;
(২) বাাংলাদেশ সিকালিি স্বাস্থ্য মন্ত্রণােয় এি অধীন স্বাস্থ্য অরধদপ্তিসহ যথাযথ কর্তিপক্ষ হইলত সাংলিষ্ট
প্ররতষ্ঠানলক হাসপাতাে রহসালব রনবিন গ্রহণ কলরদত হইদব;
(৩) হাসপাতাদলর অবস্থ্ান সম্পূণ থভাদব ঢাকা, নািায়ণগঞ্জ, গাজীপুি ও চট্টগ্রাম তজোি বারহলি হইলত হইলব;
(৪) এই প্রজ্ঞাপলনি অধীন অনুলমারদত প্ররতষ্ঠানলক উক্ত Ordinance এর লবধানাবলল পলরপালন কলরদত হইদব;
(৫) এই প্রজ্ঞাপদনর অধীন অনুদমালেত হাসপাতালেি ডায়াগনরিকসহ স্বাস্থ্য তসবা প্রদান হইলত অলজথত আয়
ব্যলতদরদক অন্যান্য সকল প্রকার আদয়র বেদে এই প্রজ্ঞাপদনর সুলবধা প্রদযাজয হইদব না;
(৬) উপলর-উক্ত শতথাবললর পলরপালন এবাং তফরসে-২ তমাতালবক অনুলমাদন সাদপদে ০১ জুলাই ২০২১ হইদত
৩০ জুন, ২০৩০ রিষ্টাব্দ তারিলখি মলে বালণলজযকভাদব স্বাস্থ্য তসবা প্রদান আিম্ভ করিয়ালে এমন তকাম্পারন
এই প্রজ্ঞাপলনি সুরবধা প্রাপ্য হইলব।
তফলসল-১
এই প্রজ্ঞাপদনর অধীন কর অব্যাহলত প্রালির লদেয লনদম্নাক্ত দুই বেলণর হাসপাতালদক অনুদমােন প্রোন করা যাইদব,
যর্া:-
বেলণ- ক
অ. লশশু ও নবজাতক, নারী ও মাতৃস্বাস্থ্য, অন্‌দকাললজ এবাং ওদয়ল লবলয়াং ও লপ্রদভলিভ বমলর্লসন ইউলনট র্াকা
সাদপদে অন্যযন ২৫০ শয্যার হাসপাতাল হইদত হইদব;
আ. বলাজর্ স্টাফ (র্াক্তারসহ) দ্বারা পলরচাললত হইদত হইদব;
ই. অন্যযন ৫ (পাঁচ) শতাাংশ আইলসইউ র্ালকদত হইদব।

Important SROs
বেলণ- ি
অ. অন্যযন ২০০ শয্যার লবদশষালয়ত হাসপাতাল হইদত হইদব;
আ. বলাজর্ স্টাফ (র্াক্তারসহ) দ্বারা পলরচাললত হইদত হইদব;
তফলসল-২
১। এই প্রজ্ঞাপলন উরিরখত অব্যাহরতি সুলযাগ গ্রহণ করিবাি জন্য সাংরিষ্ট স্বাস্থ্য তসবা প্রদানকািী প্ররতষ্ঠানলক এই
প্রজ্ঞাপলন উরিরখত শতিাবরে পরিপােন কিা হইলব মলমি নন-জুরডরসয়াে িযালম্প অঙ্গীকািনামা প্রদানপূব িক
আনুষরঙ্গক দরেোরদসহ জাতীয় িাজস্ব তবালড িি রনকট তফরসে-২ এি অনুলেদ ২ তমাতালবক আলবদন করিলত
হইলব।
২। বকাম্পালনর ব্যবস্থ্াপনা পলরচালক লনম্নবলণ থত আদবেন ফদমথর লনধ থালরত স্থ্াদন প্রতযয়ন এবাং স্বাের কলরয়া ২ (দুই)
আদবেন পে
ঘ. প্রর্ম এললস বিালার তালরি (প্রদযাজয বেদে):
ঙ. যন্ত্রপালত স্থ্াপদনর কাল এবাং বসবা প্রোন আরদের তালরি:
চ. হাসপাতাদলর ববর্ ও আইলসউ সাংখ্যা:
ছ. লবলনদয়াদগর পলরমাণ:
জ. পলরদশালধত মূলধদনর পলরমাণ:
ঝ. অনুদমালেত মূলধদনর পলরমাণ:
ঞ. স্থ্ায়ী কমথচারীর সাংখ্যা:
ট. চালুকৃত ইউলনটসমূদহর তাললকা:
ঠ. হাসপাতাদলর অবস্থ্ান ও পূণ থাঙ্গ ঠিকানা:
তালরি: ব্যবস্থ্াপনা্‌পলরচালদকর্‌স্বাের
আলম........................্‌সেদ্ধলচদে্‌বঘাষণা্‌কলরদতলছ্‌বয,্‌এই্‌লরটান থ্‌এবাং্‌সাংযুক্ত্‌তথ্য্‌ও্‌প্রমাণালে্‌আমার্‌
জ্ঞান্‌ও্‌লবশ্বাসমদত্‌সঠিক্‌ও্‌সম্পূণ থ।
তালরি: ব্যবস্থ্াপনা পলরচালদকর স্বাের

Important SROs
৩। আদবেনপদের সলহত আবলিক সাংযুলক্ত:

ি. ব্যবসা আরদের সনদের কলপ;
থ
গ. বকাম্পালনর বমদমাদরন্ডাম এবাং আটিকযাল অব এদসালসদয়শদনর কলপ;
ঘ. আদবেদনর তালরি পয থন্ত বকাম্পালনর লনরীলেত আলর্ থক লববরণী সমূহ;
ঙ. লবলনদয়াদগর লবস্তালরত লববরণ;
চ. ভাড়ায় বা লীদজ লবলডাং, প্ল্যাি বা যন্ত্রপালত ব্যবহৃত হইদল তাহার লবস্তালরত লববরণ;
ছ. হাসপাতাল প্রদজদের লবস্তালরত বপ্রাফাইল;
৪। বকাম্পালনর আদবেদনর বপ্রলেদত লনম্নবলণ থত কলমটি আদবেদনর লবষদয় অনুসিান কায থক্রম পলরচালনাপূব থক
(গ) বঙ্গবন্ধু বশি মুলজব বমলর্কযাল লবশ্বলবদ্যালয় হাসপাতাদলর একজন উপযুক্ত সেস্য
প্রলতলনলধ
(ঘ) লদ্বতীয় সলচব (কর আইন-১ ), জাতীয় রাজস্ব ববার্ থ, ঢাকা সেস্য সলচব।
৫। পলরেশথদনর আদেশ প্রালির ৩০ (লেশ) লেদনর মদে তফলসল-২ এর অনুদেে ৪ এ উলিলিত করমটি সাংরিষ্ট
প্ররতষ্ঠান পরিদশিনপূব িক পরিদশিন প্ররতলবদন জাতীয় িাজস্ব তবালড ি দারখে করিলব এবাং উক্ত করমটিি আলবদলনি
তপ্ররক্ষলত তবাড ি তযৌরক্তক সময় বৃরি করিলত পারিলব।
৬। পরিদশিন প্ররতলবদন প্রারপ্তি পি জাতীয় িাজস্ব তবাড ি প্ররতলবদন রবলবচনাপূব িক এই প্রজ্ঞাপলনি শতিাবরে
যথাযথভালব প্ররতপারেত হইয়ালে মলমি সন্তুষ্ট হইলে উক্ত প্ররতলবদন প্রারপ্তি ৩০ (রিশ) রদলনি মলে সাংরিষ্ট স্বাস্থ্য
তসবা প্রদানকািী প্ররতষ্ঠানলক অব্যাহরত সনদ প্রদান করিলব অথবা, তক্ষিমত, আলবদন প্রতযাখাত হইয়ালে মলমি
আলবদনকািীলক রেরখতভালব অবরহত করিলব।
৭। দারখেকৃত আলবদন প্রতযাখাত হইলে আলবদনকািী জাতীয় িাজস্ব তবালড িি রসিান্ত পুনরব িলবচনা করিবাি রনরমত্ত
আলবদন করিলত পারিলব এবাং উক্ত পুনরব িলবচনাি আলবদন দারখলেি ৩০ (রিশ) রদলনি মলে জাতীয় িাজস্ব
তবালড িি সদস্য পদময িাদাি একজনলক আহবায়ক করিয়া রতন সদস্য রবরশষ্ট করমটি আলবদনকািীলক শুনানীি
সুলযাগ প্রদানপূব িক চূড়ান্ত রসিান্ত প্রদান করিলব।


Important SROs

(আয়কর)

XXXVI of 1984), অতঃপর উক্ত Ordinance বদল উল্লিল্লিত, এি section 44 এি sub-section (4) এি
clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি সকে প্ররতষ্ঠালেি তফরসে-১ এ বরণ িত রিক্ষা এবং প্ররিক্ষণ প্রদাে কার্ িক্রম
হইদত অল্লজথত আদয়র উপর উক্ত Ordinance এর অধীন প্রদেয় আয়কর হইদত ল্লনম্নবল্লণ থত শতথ সাদপদে ১০ (েশ) বৎসদরর
জন্য সম্পূণ থভাদব কর অব্যাহল্লত প্রোন কল্লরল, যর্া:-
শতথাবল্লল:
(১) তফরসে-১ এ বরণ িত রিক্ষা এবং প্ররিক্ষণ প্রদােকািী (অতঃপি শুধুমাত্র ‘প্ররিক্ষণ প্ররতষ্ঠাে’) প্রল্লতষ্ঠানদক বকাম্পানী
আইন, ১৯৯৪ (১৯৯৪ সদনর ১৮ নাং আইন) এর অধীন ল্লনবল্লিত হইদত হইদব;
(২) প্রল্লশেণ প্রল্লতষ্ঠানদক বাংোলদি রবরেল াগ উন্ন ে কর্তিপক্ষ কর্তিক রেবরিত হইলত হইদব এবং অন্যূন পাঁচ বকাটি
টাকা ল্লবল্লনদয়াগ কল্লরদত হইদব;
(৩) প্রল্লশেণ প্রল্লতষ্ঠানদক, বেত্রমত, বাাংলাদেশ কাখ্রিগিী খ্রশক্ষা ববার্ ড, স্বাস্থ্য অখ্রিেপ্তি বা বাাংলাদেশ নাখ্র্ ডাং এন্ড
খ্রির্ওয়াইফাখ্রি কাউখ্রিল কর্তিক অনুদিাখ্রেত হইদত হইদব এবাং জাতীয় েক্ষতা উন্নয়ন নীখ্রতিালা্হ অনুদিাখ্রেত
কাখ্রিকুলাি অনু্িণ কখ্রিদত হইদব;
(৪) সিকারি েীরতমাো অনুর্া ী স্থা ী রিক্ষক, প্ররিক্ষক, অবকাঠালমা এবং সচে ল্যাব বা ও াকিিপ থারকলত হইলব;
(৫) এই প্রজ্ঞাপলেি অধীে অনুলমারদত প্ররতষ্ঠােলক উক্ত Ordinance এর ল্লবধানাবল্লল পল্লরপালন কল্লরদত হইদব;
(৬) এই প্রজ্ঞাপদন বল্লণ থত রিক্ষা এবং প্ররিক্ষণ প্রদাে কার্ িক্রম হইদত অল্লজথত আয় ব্যল্লতদরদক অন্যান্য সকল প্রকার
আদয়র বেদত্র এই প্রজ্ঞাপদনর সুল্লবধা প্রদযাজূ হইদব না;
(৭) উপল্লর-উক্ত শতথাবল্ললর পল্লরপালন এবাং তফরসে-২ তমাতালবক প্ররিক্ষণ প্ররতষ্ঠাে অনুলমাদলেি তাল্লরি হইদত পরবতী
১০ (েশ) বৎসদরর জন্য এই প্রজ্ঞাপলেি সুরবধা প্রাপ্য হইলব।
তফল্লসল-১
রেম্নবরণ িত রিক্ষা এবং প্ররিক্ষণ প্রদােকািী প্ররতষ্ঠােলক এই প্রজ্ঞাপলেি অধীে কি অব্যাহরতি রেরমত্ত অনুলমাদে কিা র্াইলব-
১। কৃল্লি, ল্লফশাল্লরজ, ল্লবজ্ঞান ও আইটি িাদতর সকল ধরদনর ল্লর্দলামা ল্লর্ল্লি ও বভাদকশনাল ল্লশো;
২। অদটাদমাবাইল, এয়ারক্রাফট সাংরেণ, িাদ্য, ফুটওয়ার, গ্লাস, মাইল্লনাং, বমকাল্লনকূাল, ল্লশপ ল্লবল্লডাং, বলোর,
বরল্লিজাদরশন, ল্লসরাল্লমক্স, বমকাল্লনস্ট, গাদমথন্টস্‌ ল্লর্জাইন এবাং প্যাটান থ বমল্লকাং, ফাদমথল্লস, নাল্লসাংথ , ইল্লন্টদিদটর্
বমল্লর্কূাল, বরল্লর্ওলল্লজ এন্ড ইদমল্লজাং, আল্ট্রাসাউন্ড, বর্ন্টাল, এল্লনম্যাল বহলর্ এন্ড প্রর্াকশন সাল্লভসথ , ক্লল্লোং ও
গাদমথন্ট ল্লফল্লনল্লসাং, বপাল্লল্ট্র ফাল্লমাংথ এর উপর বপশাগত প্রল্লশেণ োন।

Important SROs
তফল্লসল-২
১। এই প্রজ্ঞাপলে উরিরখত অব্যাহরতি সুলর্াগ গ্রহণ করিবাি জন্য সংরিষ্ট রিক্ষা ও প্ররিক্ষণ প্রদােকািী প্ররতষ্ঠােলক
এই প্রজ্ঞাপলে উরিরখত িতিাবরে পরিপােে কিা হইলব মলমি েে-জুরিরস াে স্ট্যালে অঙ্গীকািোমা প্রদােপূব িক
আনুষরঙ্গক দরেোরদসহ জাতী িাজস্ব তবালি িি রেকট তফখ্র্ল এি অনুলেদ ২ তমাতালবক আলবদে করিলত হইলব।
২। বকাম্পাল্লনর ব্যবস্থাপনা পল্লরচালক ল্লনম্নবল্লণ থত আদবেন ফদমথর ল্লনধ থাল্লরত স্থাদন প্রতূয়ন এবাং স্বাের কল্লরয়া ২ (দুই)
কল্লপ জাতীয় রাজস্ব ববাদর্ থ োল্লিল কল্লরদবন:
আদবেন পত্র
ক. বকাম্পাল্লনর নাম ও টিআইএন:
ি. বকাম্পাল্লনর ল্লনবিদনর তাল্লরি:
গ. বকাম্পাল্লনর ল্লনবল্লিত অল্লফদসর পূণ থাঙ্গ ঠিকানা:
ঘ. প্রজ্ঞাপদনর শতথানুযায়ী প্রস্তুত হইবার তাল্লরি:
ঙ. ল্লবল্লনদয়াদগর পল্লরমাণ:
চ. পল্লরদশাল্লধত মূলধদনর পল্লরমাণ:
ছ. অনুদমাল্লেত মূলধদনর পল্লরমাণ:
জ. স্থায়ী কমথচারীর সাংখ্যা:
ঝ. স্থায়ী অবকাঠাদমার ল্লববরণ:
ঞ. কাল্লরকুলাম:
ট. কূাম্পাদসর অবস্থান ও ঠিকানা:
তাল্লরি: ব্যবস্থাপনা্‌পল্লরচালদকর্‌স্বাের
আল্লম........................্‌সশ্রদ্ধল্লচদে্‌বঘািণা্‌কল্লরদতল্লছ্‌বয,্‌এই্‌ল্লরটান থ্‌এবাং্‌সাংযুক্ত্‌তথ্য্‌ও্‌প্রমাণাল্লে্‌আমার্‌
জ্ঞান্‌ও্‌ল্লবশ্বাসমদত্‌সঠিক্‌ও্‌সম্পূণ থ।
তাল্লরি: ব্যবস্থাপনা পল্লরচালদকর স্বাের
৩। আদবেনপদত্রর সল্লহত আবল্লিক সাংযুল্লক্ত:

ক. বকাম্পাল্লনর ল্লনবিন সনদের কল্লপ;
ি. ল্লশো ও প্রল্লশেণ কায থক্রম আরদের সনদের কল্লপ;
থ
গ. বকাম্পাল্লনর বমদমাদরন্ডাম এবাং আটিকূাল অব এদসাল্লসদয়শদনর কল্লপ;
ঘ. আদবেদনর মাদসর পূব থবতী মাস পয থন্ত বকাম্পাল্লনর ল্লনরীল্লেত আল্লর্ থক ল্লববরণী সমূহ;
ঙ. ক্লাস রুম, স্থায়ী ল্লশেক, অবকাঠাদমা, ল্যাব ইতূাল্লের ল্লবস্তাল্লরত ল্লববরণ;

Important SROs
চ. ল্লবল্লনদয়াদগর ল্লবস্তাল্লরত ল্লববরণ;

ছ. ভাড়ায় বা লীদজ ল্লবল্লডাং বা যন্ত্রপাল্লত ব্যবহৃত হইদল তাহার ল্লবস্তাল্লরত ল্লববরণ;
জ. কাল্লরকুলাম এবাং প্রল্লতষ্ঠান অনুদমােদনর সনে।
৪। বকাম্পাল্লনর আদবেদনর বপ্রল্লেদত ল্লনম্নবল্লণ থত কল্লমটি আদবেদনর ল্লবিদয় অনুসিান কায থক্রম পল্লরচালনাপূব থক অনুসিান
প্রল্লতদবেন জাতীয় রাজস্ব ববাদর্ থর ল্লনকট োল্লিল কল্লরদব-
(ক) প্রর্ম সল্লচব (কর নীল্লত), জাতীয় রাজস্ব ববার্ থ, ঢাকা আহবায়ক
(ি) সাংল্লিষ্ট উপ-কর কল্লমশনার সেস্য
(গ) শতথাবল্ললর অনুদেে- 3 এ বল্লণ থত অনুদমােনকারী কর্তথপদের একজন উপযুক্ত সেস্য
প্রল্লতল্লনল্লধ
(ঘ) ল্লিতীয় সল্লচব (কর আইন-১), জাতীয় রাজস্ব ববার্ থ, ঢাকা সেস্য সল্লচব।
৫। পল্লরেশথদনর আদেশ প্রাল্লির ৩০ (ল্লত্রশ) ল্লেদনর মদে তফল্লসল-2 এর অনুদেে ৪ এ উল্লিল্লিত করমটি সংরিষ্ট প্ররতষ্ঠাে
পরিদিিেপূব িক পরিদিিে প্ররতলবদে জাতী িাজস্ব তবালি ি দারখে করিলব এবং উক্ত করমটিি আলবদলেি তপ্ররক্ষলত
তবাি ি তর্ৌরক্তক সম বৃরি করিলত পারিলব।
৬। পরিদিিে প্ররতলবদে প্রারিি পি জাতী িাজস্ব তবাি ি প্ররতলবদে রবলবচোপূব িক এই প্রজ্ঞাপলেি িতিাবরে র্থার্থভালব
প্ররতপারেত হই ালে মলমি সন্তুষ্ট হইলে উক্ত প্ররতলবদে প্রারিি ৩০ (রত্রি) রদলেি মলে সংরিষ্ট রিক্ষা ও প্ররিক্ষণ
প্রদােকািী প্ররতষ্ঠােলক অব্যাহরত সেদ প্রদাে করিলব অথবা, তক্ষত্রমত, আলবদে প্রতযাখাত হই ালে মলমি
আলবদেকািীলক রেরখতভালব অবরহত করিলব।
৭। দারখেকৃত আলবদে প্রতযাখাত হইলে আলবদেকািী জাতী িাজস্ব তবালি িি রসিান্ত পুেরব িলবচো করিবাি রেরমত্ত
আলবদে করিলত পারিলব এবং উক্ত পুেরব িলবচোি আলবদে দারখলেি ৩০ (রত্রি) রদলেি মলে জাতী িাজস্ব তবালি িি
সদস্য পদমর্ িাদাি একজেলক আহবা ক করি া রতে সদস্য রবরিষ্ট করমটি আলবদেকািীলক শুোেীি সুলর্াগ
প্রদােপূব িক চূড়ান্ত রসিান্ত প্রদাে করিলব।
রাষ্ট্রপল্লতর আদেশক্রদম,
আবু বহনা বিাোঃ িহিাতুল মুখ্রনি

খ্র্খ্রনয়ি ্খ্রিব

Important SROs

(আয়কর)

clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি ওয়াশ িং মেশ ন, মেন্ডার, োইক্রাওক্য়ভ অক্ভন, ইক্েশিক মেোই মেশ ন,
ইন্ডাক ন কুকার, শকক্েনহুড এবিং শকক্েন নাইভস্‌উৎপাদন হইদত অলজথত আদয়র উপর উক্ত Ordinance এর অধীন
প্রদেয় আয়কর হইদত লনম্নবলণ থত শতথ সাদপদে ১০ (েশ) বৎসদরর জন্য সম্পূণ থভাদব কর অব্যাহলত প্রোন কলরল, যর্া:-
(১) উৎপাদনকািী প্রলতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সদনর ১৮ নাং আইন) এর অধীন লনবলিত হইদত
হইদব এবাং বাাংোলদশ রবরনল াগ উন্ন ন কর্তৃপক্ষ কর্তৃক রনবরিত হইলত হইদব;
(২) উৎপােনকারী প্রলতষ্ঠানদক আবলিকভাদব তার লনজস্ব কারিানায় অন্যূন ৩০ (লিশ) শতাাংশ মূল্য সাংদযাজন
কলরদত হইদব;
(৩) এই প্রজ্ঞাপলনি অধীন অনুলমারদত প্ররতষ্ঠানলক উক্ত Ordinance এর লবধানাবলল পলরপালন কলরদত হইদব;
(৪) এই প্রজ্ঞাপদন বলণ থত পণ্য উৎপাদন হইদত অলজথত আয় ব্যলতদরদক অন্যান্য সকল প্রকার আদয়র বেদি এই
প্রজ্ঞাপদনর সুলবধা প্রদযাজূ হইদব না;
(৫) উপলর-উক্ত শতথাবললর পলরপালন এবাং তফরসে তমাতালবক অনুলমাদন সাদপদে ০১ জুলাই, ২০২১ হইদত ৩০
জুন, ২০৩০ রিষ্টাব্দ তারিলখি মলে ওয়াশ িং মেশ ন, মেন্ডার, োইক্রাওক্য়ভ অক্ভন, ইক্েশিক মেোই মেশ ন,
ইন্ডাক ন কুকার, শকক্েনহুড এবিং শকক্েন নাইভস্‌- এ েকে পক্ের বালণলজূক উৎপােন আরম্ভ কলরয়াদে এমন
বকাম্পালন এই প্রজ্ঞাপলনি সুরবধা প্রাপ্য হইলব।
তফলসল
১। এই প্রজ্ঞাপলন উরিরখত অব্যাহরতি সুল াগ গ্রহণ করিবাি জন্য সাংরিষ্ট উৎপাদনকািী প্ররতষ্ঠানলক এই প্রজ্ঞাপলন
উরিরখত শতৃাবরে পরিপােন কিা হইলব মলমৃ নন-জুরিরস াে স্ট্যালে অঙ্গীকািনামা প্রদানপূব ৃক আনুষরঙ্গক
দরেোরদসহ জাতী িাজস্ব তবালি ৃি রনকট তফরসলেি অনুলেদ ২ তমাতালবক আলবদন করিলত হইলব।
২। বকাম্পালনর ব্যবস্থাপনা পলরচালক লনম্নবলণ থত আদবেন ফদমথর লনধ থালরত স্থাদন প্রতূয়ন এবাং স্বাের কলরয়া ২ (দুই)

Important SROs

ঢ. পেলভলিক উৎপােদনর কাঁচামাল:
প্রশিপাদন এবিং স্বাক্ষর
আলম........................ সশ্রদ্ধলচদি বঘাষণা কলরদতলে বয, এই লরটান থ এবাং সাংযুক্ত তথ্য ও প্রমাণালে আমার

ি. ব্যবসা আরদম্ভর সনদের;
ঙ. আদবেদনর মাদসর পূব থবতী মাস পয থন্ত বকাম্পালনর লনরীলেত আলর্ থক লববরণী সমূহ;
ে. ভাড়ায় বা লীদজ লবলডাং, প্ল্ূান্ট বা যন্ত্রপালত ব্যবহৃত হইদল তাহার লবস্তালরত লববরণ;
জ. পেলভলিক উৎপােদনর কাঁচামাল এবাং সরবরাহকারীর লবস্তালরত তাললকা।
৪। বকাম্পালনর আদবেদনর বপ্রলেদত লনদম্নাক্ত কলমটি আদবেদনর লবষদয় অনুসিান কায থক্রম পলরচালনাপূব থক

Important SROs

৫। পলরেশথদনর আদেশ প্রালির ৩০ (লিশ) লেদনর মদে তফলসল এর অনুদেে ৪ এ উলিলিত করমটি সাংরিষ্ট প্ররতষ্ঠান
পরিদশৃনপূব ৃক পরিদশৃন প্ররতলবদন জাতী িাজস্ব তবালি ৃ দারখে করিলব এবাং উক্ত করমটিি আলবদলনি তপ্ররক্ষলত
তবাি ৃ ত ৌরক্তক সম বৃরি করিলত পারিলব।
৬। পরিদশৃন প্ররতলবদন প্রারিি পি জাতী িাজস্ব তবাি ৃ প্ররতলবদন রবলবচনাপূব ৃক এই প্রজ্ঞাপলনি শতৃাবরে থা থভালব
প্ররতপারেত হই ালে মলমৃ সন্তুষ্ট হইলে উক্ত প্ররতলবদন প্রারিি ৩০ (রিশ) রদলনি মলে সাংরিষ্ট উৎপাদনকািী
প্ররতষ্ঠানলক অব্যাহরত সনদ প্রদান করিলব অথবা, তক্ষিমত, আলবদন প্রতযাখাত হই ালে মলমৃ আলবদনকািীলক
৭। দারখেকৃত আলবদন প্রতযাখাত হইলে আলবদনকািী জাতী িাজস্ব তবালি ৃি রসিান্ত পুনরব ৃলবচনা করিবাি রনরমত্ত
আলবদন করিলত পারিলব এবাং উক্ত পুনরব ৃলবচনাি আলবদন দারখলেি ৩০ (রিশ) রদলনি মলে জাতী িাজস্ব তবালি ৃি
সদস্য পদম ৃাদাি একজনলক আহবা ক করি া রতন সদস্য রবরশষ্ট করমটি আলবদনকািীলক শুনানীি সুল াগ
প্রদানপূব ৃক চূড়ান্ত রসিান্ত প্রদান করিলব।


Important SROs

(আয়কর)

clause (b) তত প্রদত্ত ক্ষমতাবলে, সিকাি তফরসে-১ এ বরণ িত পণ্য উৎপাদন হইদত অলজথত আদয়র উপর উক্ত Ordinance
এর অধীন প্রদেয় আয়কর হইদত লনম্নবলণ থত শতথ সাদপদে ১০ (েশ) বৎসদরর জন্য সম্পূণ থভাদব কর অব্যাহলত প্রোন কলরল,
যর্া:-
(১) উৎপাদনকািী প্রলতষ্ঠানদক বকাম্পানী আইন, ১৯৯৪ (১৯৯৪ সদনর ১৮ নাং আইন) এর অধীন লনবলিত হইদত হইদব
এবাং বাাংোলদশ রবরনল াগ উন্ন ন কর্তিপক্ষ কর্তিক রনবরিত হইলত হইদব;
(২) এই প্রজ্ঞাপলনি অধীন অনুলমারদত প্ররতষ্ঠানলক উক্ত Ordinance এর লবধানাবলল পলরপালন কলরদত হইদব;
(৩) এই প্রজ্ঞাপদন বলণ থত পণ্য উৎপাদন হইদত অলজথত আয় ব্যলতদরদক অন্যান্য সকল প্রকার আদয়র বেদে এই প্রজ্ঞাপদনর
সুলবধা প্রদযাজয হইদব না;
(৪) উপলর-উক্ত শতথাবললর পলরপালন এবাং তফরসে-২ তমাতালবক অনুলমাদন সাদপদে ০১ জুলাই, ২০২১ হইদত ৩০
জুন, ২০৩০ রিষ্টাব্দ তারিলখি মলে বালণলজযক উৎপােন আরম্ভ কলরয়াদে এমন বকাম্পালন এই প্রজ্ঞাপলনি সুরবধা
প্রাপ্য হইলব।
তফলসল-১
এই প্রজ্ঞাপলনি অধীন কি অব্যাহরতি রনরমত্ত রনম্নবরণ িত পলণ্যি উৎপাদনকািীলক অনুলমাদন কিা যাইলব, যথা:-
হােকা প্রলকৌশে রশলেি সকে প্রকাি পণ্য, যাহা-
অ. তকবে রশে-কািখানা ব্যবহৃত হইলব; এবাং
আ. পূণ িাঙ্গ তকালনা যন্ত্র নলহ, তকবে যন্ত্রাাংশ হইলব।
তফলসল-২
১। এই প্রজ্ঞাপলন উরিরখত অব্যাহরতি সুলযাগ গ্রহণ করিবাি জন্য সাংরিষ্ট উৎপাদনকািী প্ররতষ্ঠানলক এই প্রজ্ঞাপলন
উরিরখত শতিাবরে পরিপােন কিা হইলব মলমি নন-জুরিরস াে স্ট্যালে অঙ্গীকািনামা প্রদানপূব িক আনুষরঙ্গক
দরেোরদসহ জাতী িাজস্ব তবালি িি রনকট তফরসলেি অনুলেদ ২ তমাতালবক আলবদন করিলত হইলব।
২। বকাম্পালনর ব্যবস্থাপনা পলরচালক লনম্নবলণ থত আদবেন ফদমথর লনধ থালরত স্থাদন প্রতযয়ন এবাং স্বাের কলরয়া ২ (দুই)

Important SROs
আদবেন পে
ঘ. প্রর্ম এললস বিালার তালরি (প্রদযাজয বেদে):
ে. বালণলজযক উৎপােন আরদম্ভর তালরি:
ঠ. গ্যাস বা লবদুযৎ সাংদযাগ গ্রহদণর তালরি:
ঢ. পেলভলিক উৎপােদনর কাঁচামাল:
আলম........................ সশ্রদ্ধলচদি বঘাষণা কলরদতলে বয, এই লরটান থ এবাং সাংযুক্ত তথ্য ও প্রমাণালে আমার
৩। আদবেনপদের সলহত আবলিক সাংযুলক্ত:

থ
গ. বকাম্পালনর বমদমাদরন্ডাম এবাং আটিকযাল অব এদসালসদয়শদনর কলপ;
ঘ. আদবেদনর মাদসর পূব থবতী মাস পয থন্ত বকাম্পালনর লনরীলেত আলর্ থক লববরণী সমূহ;
ঙ. লবলনদয়াদগর লবস্তালরত লববরণ;
চ. ভাড়ায় বা লীদজ লবলডাং, প্ল্যান্ট বা যন্ত্রপালত ব্যবহৃত হইদল তাহার লবস্তালরত লববরণ;

Important SROs
ে. পেলভলিক উৎপােদনর কাঁচামাল এবাং সরবরাহকারীর লবস্তালরত তাললকা।
৪। বকাম্পালনর আদবেদনর বপ্রলেদত লনম্নবলণ থত কলমটি আদবেদনর লবষদয় অনুসিান কায থক্রম পলরচালনাপূব থক অনুসিান
(ঘ) লিতীয় সলচব (কর আইন-১), জাতীয় রাজস্ব ববার্ থ, ঢাকা সেস্য সলচব।
৫। পলরেশথদনর আদেশ প্রালির ৩০ (লেশ) লেদনর মদে তফলসল-2 এর অনুদেে ৪ এ উলিলিত করমটি সাংরিষ্ট প্ররতষ্ঠান
পরিদশিনপূব িক পরিদশিন প্ররতলবদন জাতী িাজস্ব তবালি ি দারখে করিলব এবাং উক্ত করমটিি আলবদলনি তপ্ররক্ষলত
তবাি ি তযৌরক্তক সম বৃরি করিলত পারিলব।
৬। পরিদশিন প্ররতলবদন প্রারিি পি জাতী িাজস্ব তবাি ি প্ররতলবদন রবলবচনাপূব িক এই প্রজ্ঞাপলনি শতিাবরে যথাযথভালব
প্ররতপারেত হই ালে মলমি সন্তুষ্ট হইলে উক্ত প্ররতলবদন প্রারিি ৩০ (রিশ) রদলনি মলে সাংরিষ্ট উৎপাদনকািী
প্ররতষ্ঠানলক অব্যাহরত সনদ প্রদান করিলব অথবা, তক্ষিমত, আলবদন প্রতযাখাত হই ালে মলমি আলবদনকািীলক
৭। দারখেকৃত আলবদন প্রতযাখাত হইলে আলবদনকািী জাতী িাজস্ব তবালি িি রসিান্ত পুনরব িলবচনা করিবাি রনরমত্ত
আলবদন করিলত পারিলব এবাং উক্ত পুনরব িলবচনাি আলবদন দারখলেি ৩০ (রিশ) রদলনি মলে জাতী িাজস্ব তবালি িি
সদস্য পদময িাদাি একজনলক আহবা ক করি া রতন সদস্য রবরশষ্ট করমটি আলবদনকািীলক শুনানীি সুলযাগ
প্রদানপূব িক চূড়ান্ত রসিান্ত প্রদান করিলব।


Important SROs

(আয়কর)
এস. আর. ও. নাং-171-আইন/আয়কর/২০২১।- Income tax Ordinance, 1984

(Ordinance No. XXXVI of 1984) এি section 44 এি sub-section (4) এি clause (b)
তত প্রদত্ত ক্ষমতাবলে, সরকার 1 ভাদ্র, ১৪22 বঙ্গাব্দ ম োতোবেক 16 আগস্ট, 2015 খ্রিস্টাব্দ তাখ্ররদের প্রজ্ঞাপন
এস, আর, ও নং ২55-আইন/আয়কর/২০১5 এ উখ্রিখ্রেত বেখ্রবল এর পখ্ররবদতথ খ্রনম্নরূপ টেখ্রবল প্রখ্রিস্থাপন
কখ্রিল, যর্া:-
আবয়র পরর োণ আয়করিি হাি
প্রথম 10 লক্ষ োকা পর্ যন্ত আরয়ি উপি শূন্য
পিবিী 10 লক্ষ োকা পর্ যন্ত আরয়ি উপি 5%
পিবিী 10 লক্ষ োকা পর্ যন্ত আরয়ি উপি 10%
অবখ্রিষ্ট আরয়ি উপি 15%
2। এই প্রজ্ঞাপন 1 জুলাই, 2021 খ্রিস্টাব্দ িাখ্রিখ হইরি কার্ যকি হইরব।
িাষ্ট্রপখ্রিি আরেিক্ররম,
আবু টহনা টমাোঃ িহমাতুল মুখ্রনম
খ্রিখ্রনয়ি িখ্রিব

Important SROs
†iwR÷vW© bs wW G-1
evsjv‡`k †M‡RU
AwZwi³ msL¨v
KZ…©cÿ KZ…©K cÖKvwkZ
g½jevi, AvM÷ 18, 2015
MYcÖRvZš¿x evsjv‡`k miKvi

A_© gš¿Yvjq
Af¨šÍixY m¤ú` wefvM
(AvqKi)
cÖÁvcb
ZvwiLt 01 fv`ª, 1422 e½vã/16 AvM÷, 2015 wLª÷vã|
Gm, Avi, I bs 255-AvBb/AvqKi/2015|Income-tax Ordinance, 1984
(Ordinance No. XXXVI of 1984) Gi section 44 Gi sub-section (4) Gi clause (b)
†Z cÖ`Ë ¶gZve‡j miKvi, nuvm-gyiMx, wPsox I gv‡Qi n¨vPvix (hatchery) Ges grm¨ Pvl
nB‡Z AwR©Z Av‡qi Dci D³ Ordinance Gi Aaxb cÖ‡`q AvqKi n«vmc~e©K wb¤œiƒ‡c avh©
Kwij, h_v:
Av‡qi cwigvY AvqK‡ii nvi
cÖ_g 10 jÿ UvKv ch©šÍ Av‡qi Dci k~b¨
cieZx© 10 jÿ UvKv Av‡qi Dci 5%
Aewkó Av‡qi Dci 10%|
2| GB cÖÁvcb 01 RyjvB, 2015 wLª÷vã Zvwi‡L Aviä Ki ermi nB‡Z Kvh©Ki nB‡e|
ivóªcwZi Av‡`kµ‡g
†gvt bwReyi ingvb
mwPe
Af¨šÍixY m¤ú` wefvM|
†gvt bRiæj Bmjvg (DcmwPe), DccwiPvjK, evsjv‡`k miKvwi gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|
†gvt AvjgMxi †nv‡mb (DcmwPe), DccwiPvjK, evsjv‡`k dig I cÖKvkbv Awdm,
†ZRMuvI, XvKv KZ…©K cÖKvwkZ| web site : www.bgpress.gov.bd
( 6543 )
g~j¨ t UvKv 4.00

Important SROs
AwZwi³ msL¨v
KZ…©c¶ KZ…©K cÖKvwkZ
g½jevi, wW‡m¤î 4, 2018

A_© gš¿Yvjq
AvqKi
cÖÁvcb
ZvwiL : 15 AMÖnvqY, 1425 e•Mvã/29 b‡f¤î, 2018 wLª÷vã
Gm, Avi, I, bs 352/AvBb/AvqKi/2018|Income-tax Ordinance, 1984
(Ordinance No. XXXVI of 1984 Gi section 44 Gi sub-section (4) Gi clause
(b) †Z cÖ`Ë ÿgZve‡j miKvi GZØviv 24 Avlvp, 1422 e•Mvã †gvZv‡eK 8 RyjvB 2015
wLª÷vã Zvwi‡Li cÖÁvcb Gm, Avi, I bs-228-AvBb/AvqKi/2015 Gi wbgœi~c ms‡kvab
Kwij, h_v:
Dcwi-D³ cÖÁvc‡b DwjøwLZ Ò1g, 2q I 3q erm‡ii Rb¨ 100%, 4_© erm‡ii Rb¨
80%, 5g erm‡ii Rb¨ 70%, 6ô erm‡ii Rb¨ 60%, 7g erm‡ii Rb¨ 50%, 8g erm‡ii
Rb¨ 40%, 9g erm‡ii Rb¨ 30%, 10g erm‡ii Rb¨ 20% nv‡iÓ kãMywj, Kgv¸wj,
msL¨vMywj Ges wPýMywji cwie‡Z© Ò1g, 2q, 3q, 4_©, 5g, 6ô I 7g erm‡ii Rb¨ 100% Ges
8g, 9g I 10g erm‡ii Rb¨ 70% nv‡iÓ kãMywj, KgvMywj, msL¨vMywj Ges wPýMywj cÖwZ¯’vwcZ
nB‡e|
†gvt †gvkviid †nv‡mb f‚uBqv, GbwWwm
wmwbqi mwPe|
†gvt mvLvIqvZ †nv‡mb, Dcc wiPvjK (AwZt `vwqZ¡), evsjv‡`k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|
DccwiPvjK
†gvt Avãyj gv‡jK, DccwiPvjK, evsjv‡`k dig I cÖKvkbv Awdm, †ZRMuvI,
(18435)
g~j¨ : UvKv 4. 00
.

Important SROs
AwZwi³ msL¨v
iweevi, RyjvB 12, 2015

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL: 24 Avlvp, 1422 e½vã/08 RyjvB 2015 wLª÷vã
Gm, Avi, I bs 228-AvBb/AvqKi/2015|Income-tax Ordinance, 1984 (Ordinance
No. XXXVI of 1984), AZtci D³ Ordinance ewjqv DwjøwLZ, Gi section 44 Gi sub-section
(4) Gi clause (b)-†Z cÖ`Ë ÿgZve‡j miKvi, evsjv‡`k nvB-†UK cvK© KZ…©cÿ AvBb, 2010
(2010 m‡bi 8bs AvBb) Gi aviv 22 Gi weavb Abyhvqx †NvwlZ cv‡K© cY¨ Drcv`b ev †mev cÖ`v‡bi
j‡ÿ¨ cwiPvwjZ Ges D³ Ordinance Gi section 2 Gi sub-section (20) Abymv‡i msÁvwqZ
†Kv¤úvbx‡K D³ cv‡K© cwiPvwjZ eëmvwqK Kvh©µg nB‡Z D™¢Z
~ mKj Av‡qi Dci cÖ‡`q AvqKi nB‡Z
1g, 2q I 3q erm‡ii Rb¨ 100%, 4_© erm‡ii Rb¨ 80%, 5g erm‡ii Rb¨ 70%, 6ô erm‡ii
Rb¨ 60%, 7g erm‡ii Rb¨ 50%, 8g erm‡ii Rb¨ 40%, 9g erm‡ii Rb¨ 30%, 10g erm‡ii
Rb¨ 20% nv‡i Ae¨vnwZ cÖ`vb Kwij :
Z‡e kZ© _v‡K †h, D³ cv‡K© ¯’vwcZ †Kv¤úvbx‡K
(K) Tax-payers Indentification Number (TIN) MÖnY Kwi‡Z nB‡e; Ges
(L) D³ Ordinance Gi section 35 Abyhvqx h_vh_fv‡e wnmve msiÿY Kwi‡Z nB‡e
Ges section 75 G wba©vwiZ mg‡qi g‡a¨ AvqKi wiUvb© mswkøó AvqKi KZ…©c‡ÿi
wbKU `vwjL Kwi‡Z nB‡e|
†gvt bwReyi ingvb
mwPe|
†gv¯Ídv Kvgvj, DccwiPvjK (AwZwi³ `vwqZ¡), evsjv‡`k miKvwi gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|
†ZRMuvI, XvKv KZ…©K cÖKvwkZ| website: www.bgpress.gov.bd
(5707)
g~j¨ t UvKv 4.00

Important SROs
AwZwi³ msL¨v
eyaevi, RyjvB 1, 2015

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiLt 16 Avlvp, 1422 e½vã/30 Ryb, 2015 wLª÷vã|
(Ordinance No. XXXVI of 1984), AZtci D³ Ordinance ewjqv DwjøwLZ, Gi section
44 Gi sub-section (4) Gi clause (b) †Z cÖ`Ë ¶gZve‡j miKvi, GZÏ¦viv 03 fv`ª, 1421
e½vã †gvZv‡eK 18 AvM÷, 2014 wLª÷vã Zvwi‡Li Gm, Avi, I bs 217-AvBb/ AvqKi/2014
iwnZµ‡g, evsjv‡`k wmwKDwiwUR A¨vÛ G·‡PÄ Kwgkb KZ©„K Aby‡gvw`Z †Kvb ÷K G·‡P‡Ä
ZvwjKvfz³ miKvix wmwKDwiwUR e¨ZxZ Ab¨ ‡Kvb wmwKDwiwUR †jb‡`b nB‡Z-
(K) wb¤œewY©Z †Uwe‡j DwjøwLZ Ki`vZvM‡Yi AwR©Z Av‡qi Dci D³ Ordinance
Gi Aaxb cÖ‡`q AvqKi n«vmc~e©K wb¤œiƒ‡c avh© Kwij, h_v:
†Uwej
µwgK bs Ki`vZvi cÖK…wZ AvqK‡ii nvi
(1) (2) (3)
1| D³ Ordinance Gi section 2 Gi clause (20) Gi
Aaxb †Kv¤úvbx gh©v`vfz³ Ges clause (32) Gi
Aaxb dvg© gh©v`vfz³ Ki`vZvi wmwKDwiwUR ‡jb‡`b
nB‡Z D™¢~Z Av‡qi Dci----
10%
(5197)
g~j¨ t UvKv 4.00

Important SROs
5198 evsjv‡`k †M‡RU, AwZwi³, RyjvB 1, 2015
(1) (2) (3)

2| e¨vsK, Avw_©K cÖwZôvb, gv‡P©›U e¨vsK, exgv, wjwRs
†Kv¤úvbx, †cvU©‡dvwjI g¨v‡bR‡g›U †Kv¤úvbx, ÷K
wWjvi ev ÷K †eªvKvi †Kv¤úvbx Gi ¯úÝi
†kqvi‡nvìvi ev †kqvi‡nvìvi wW‡i±i‡ì wmwKDwiwUR
†jb‡`b nB‡Z AwR©Z Av‡qi Dci---- 5%
3| µwgK bs 1 G ewY©Z †Kv¤úvbxmg~‡ni ¯úÝi
†kqvi‡nvìvi ev ‡kqvi‡nvìvi wW‡i±i e¨ZxZ ÷K
G·‡P‡Ä ZvwjKvfy³ Ab¨ ‡Kvb †Kv¤úvbxi
†kqvi‡nvìvi hvnv‡ì mswkøó Avq erm‡ii †h †Kvb
mg‡q ÷K G‡·‡P‡Ä ZvwjKvfz³ †Kvb †Kv¤úvbx ev
†Kv¤úvbxmg~‡ni cwi‡kvwaZ g~ja‡bi 10% Gi AwaK
cwigvY †kqvi iwnqv‡Q, Zvnv‡ì D³ †Kv¤úvbx ev
†Kv¤úvbxmg~‡ni wmwKDwiwUR †jb‡`b nB‡Z AwR©Z
5% ;Ges
Av‡qi Dci --------
(L) `dv (K) Ges D³ Ordinance Gi section 53M G ewY©Z Ki`vZv e¨ZxZ
Ab¨vb¨ Ki`vZv‡ì ÷K G·‡P‡Ä ZvwjKvfz³ †Kv¤cvbxi wmwKDwiwUR †jb‡`b
nB‡Z AwR©Z Av‡qi Dci cÖ‡`q AvqKi nB‡Z Ae¨vnwZ cÖ`vb Kiv nBj|
e¨vL¨vt GB cÖÁvc‡bi D‡Ïk¨ mvabK‡í ÔwmwKDwiwURÕ ewj‡Z evsjv‡`k wmwKDwiwUR
A¨vÛ G·‡PÄ Kwgkb KZ©„K Aby‡gvw`Z †Kvb ÷K G·‡P‡Ä †jb‡`b‡hvM¨ Ges
ZvwjKvfz³, miKvix wmwKDwiwUR e¨ZxZ, mKj †Kv¤cvbx ev cÖwZôv‡bi ÷Km,
†kqvi, wgDPz¨qvj dvÛ BDwbU, eÛ, wW‡eÂvi ev Ab¨vb¨ wmwKDwiwUR‡K eySvB‡e|
02| GB cÖÁvcb 1 RyjvB, 2015 wLª÷vã ZvwiL nB‡Z Kvh©Ki nB‡e|
ivóªcwZi Av‡`kµ‡g,
†gvt bwReyi ingvb
mwPe|
†gvt bRiæj Bmjvg (DcmwPe), DccwiPvjK, evsjv‡`k miKvwi gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|
†ZRMuvI, XvKv KZ…©K cÖKvwkZ| web site: www.bgpress.gov.bd

Important SROs
AwZwi³ msL¨v
e„n¯úwZevi, Rvbyqvwi 9, 2020

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL : 18 †cŠl, 1426 e•Mvã/2 Rvbyqvwi, 2020 wLª÷vã
Gm, Avi, I, bs 04-AvBb/AvqKi/2020|Income-tax Ordinance,1984 (Ordinance
No. XXXVI of 1984) Gi section 44 Gi sub-section (4) Gi clause (b) †Z cÖ`Ë
ÿgZve‡j miKvi, G wefv‡Mi 17 Avlvp, 1420 e•Mvã †gvZv‡eK 1 RyjvB, 2013 wLª÷vã
Zvwi‡Li cÖÁvcb Gm. Avi. I bs-212-AvBb/AvqKi/2013 Gi wbgœi~c AwaKZi ms‡kvab
Kwij, h_v :
Dcwi-D³ cÖÁvc‡bi Ò1 Rvbyqvwi 2020Ó msL¨vMywj I kãMywji cwie‡Z© Ò1 Rvbyqvwi
2023Ó msL¨vMywj I kãMywj cÖwZ¯’vwcZ nB‡e|
wmwbqi mwPe|
†gvt ZvwiKzj Bmjvg Lvb, DccwiPvjK, evsjv‡`k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|
†gvt Avãyj gv‡jK, DccwiPvjK, evsjv‡`k dig I cÖKvkbv Awdm †ZRMuvI,
(837)
g~j¨ : UvKv 4.00

Important SROs

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL, 17Avlvp, 1420 e½vã/ 01 RyjvB, 2013 wLª÷vã|
Gm, Avi, I bs 212-AvBb/AvqKi/2013|- Income-tax Ordinance,

1984 (XXXVI of 1984) Gi section 44 Gi sub-section (4) Gi clause (b) †Z
cÖ`Ë ¶gZve‡j miKvi, 22 Avlvp, 1418 e½vã †gvZv‡eK 6 RyjvB, 2011 wLª÷vã
Zvwi‡Li cÖÁvcb Gm, Avi,I bs 236-AvBb/AvqKi/2011 iwnZµ‡g, Private Sector
Power Generation Policy of Bangladesh G wba©vwiZ mKj kZ© c~iY mv‡c‡¶, D³
Policy †Z ewY©Z eë¯’v Abymv‡i, †`‡ki †h mKj Private Power Generation
†Kv¤úvbxi (KqjvwfwËK we`y¨r Drcv`bKvix †Kv¤úvbx e¨ZxZ) evwYwR¨K Drcv`b 1 Rvbyqvwi
2015 ev ZrciewZ©‡Z Avi¤¢ nB‡e, †mB mKj Private Power Generation †Kv¤úvbxi
we`y¨r Drcv`b eëmv nB‡Z AwR©Z Avq‡K wbgœewY©Z nv‡i I k‡Z© AvqKi nB‡Z Ae¨vnwZ
cÖ`vb Kwij, h_v:-
Ki Ae¨vnwZi †gqv` Ki Ae¨vnwZi nvi

evwYwR¨K Drcv`b ïi“ nB‡Z cÖ_g cuvP ermi 100%
ch©šÍ (cÖ_g, wØZxq, Z…Zxq, PZz_© I cÂg ermi)
cieZx© wZb ermi ch©šÍ (lô, mßg I Aóg 50%
ermi)
cieZ©x `yB ermi ch©šÍ (beg I `kg ermi) 25%
|
2| `dv 1 G ewY©Z †Kv¤úvbx‡K h_vh_fv‡e wnmve msi¶Y Kwi‡Z nB‡e Ges D³

Ordinance Gi section 75 G ewY©Z wba©vwiZ mg‡qi g‡a¨ AvqKi wiUvb© mswk−ó AvqKi
KZ©„c‡¶i wbKU `vwLj Kwi‡Z nB‡e|
(‰mq` †gvt Avwgbyj Kwig)
AwZwi³ mwPe (c`vwaKvie‡j)

Important SROs
AwZwi³ msL¨v
e„n¯úwZevi, Rvbyqvwi 9, 2020

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL : 18 †cŠl, 1426 /02 Rvbyqvwi, 2020 wLª÷vã
Gm, Avi, I, bs 05-AvBb/AvqKi/2020|Income-tax Ordinance, 1984 (Ordinance
No. XXXVI of 1984) Gi section 44 Gi sub-section (4) Gi clause (b) †Z cÖ`Ë ÿgZve‡j
miKvi, Private Sector Power Generation Policy of Bangladesh G wba©vwiZ mKj kZ© c~iY
mv‡c‡ÿ, D³ Policy †Z ewY©Z eë¯’v Abymv‡i, †`‡ki †h mKj Private Power Generation †Kv¤úvbxi
(KqjvwfwËK we`y¨r Drcv`bKvix †Kv¤úvbx e¨ZxZ) evwYwR¨K Drcv`b 01 Rvbyqvwi, 2020 wLª÷vã
ZvwiL nB‡Z 31 wW‡m¤î, 2022 wLª÷vã Zvwi‡Li g‡a¨ Avi¤¢ nB‡e, †mB mKj Private Power
Generation
(1) †Kv¤úvbxi †Kej we`y¨r Drcv`b eëmv nB‡Z AwR©Z Av‡qi Dci, Dnv‡ì evwYwR¨K
Drcv`‡bi ZvwiL nB‡Z 31 wW‡m¤î, 2034 wLª÷vã ZvwiL ch©šÍ;
(2) †Kv¤úvbx‡Z Kg©iZ we‡`kx e¨w³M‡Yi Av‡qi Dci, evsjv‡`‡k Zvnv‡ì AvMg‡bi
ZvwiL nB‡Z cieZx© wZb erm‡ii Rb¨;
(3) †Kv¤úvbx KZ©K „ M„nxZ ê‡`wkK F‡Yi Dci cÖ‡`q my‡ì Dci;
(4) †Kv¤úvbx KZ©K „ cÖ‡`q Royalties, Technical Know-how and Technical
Assistance Fees Gi Dci; Ges
(5) †Kv¤úvbxi †kqvi n¯ÍvšÍ‡ii d‡j D™¢Z‚ g~jabx gybvdvi Dci;
D³ Ordinance Gi Aaxb cÖ‡`q Ki nB‡Z GZØviv Ae¨vnwZ (exemption) cÖ`vb Kwij|
2| `dv 1 G ewY©Z †Kv¤úvbx‡K h_vh_fv‡e wnmve msiÿY Kwi‡Z nB‡e Ges D³ Ordinance
Gi section 75 G wba©vwiZ mg‡qi g‡a¨ AvqKi wiUvb© `vwLj Kwi‡Z nB‡e|
wmwbqi mwPe|
XvKv KZ…©K cÖKvwkZ| website : www.bgpress.gov.bd
(839)
g~j¨ : UvKv 400

Important SROs
AwZwi³ msL¨v
e„n¯úwZevi, Ryb 22, 2017

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL, 7 Avlvp 1424 e½vã/21 Ryb 2017 wLª÷vã
44 Gi sub-section (4) Gi clause (b) †Z cÖ`Ë ÿgZve‡j miKvi evsjv‡`k miKvwi-
†emiKvwi Askx`vwiZ¡ AvBb, 2015 (2015 m‡bi 18 bs AvBb), AZtci D³ AvBb ewjqv
DwjøwLZ, Gi aviv 22 Gi Aaxb MwVZ †Kvb cÖKí †Kv¤úvwb KZ©„K D³ AvB‡bi aviv 14
Abyhvqx Aby‡gvw`Z wbgœ mviYx‡Z DwjøwLZ wcwcwc cÖKí cwiPvjbvi Rb¨
(K) msM„nxZ (raised) †kqvi g~jab n¯ÍvšÍi nB‡Z D™¢~Z g~jabx gybvdvi Dci D³
†Kv¤úvwbi evwYwR¨K Kvh©µg Avi‡¤¢i ZvwiL nB‡Z cieZx© 10 (`k) ermi ch©šÍ;
Ges
(L) D³ wcwcwc cÖKí cwiPvjbvi Rb¨ cwi‡kvaK…Z Royalty Ges Technical know-
how I Technical assistance wd Gi Dci D³ †Kv¤úvwbi evwYwR¨K Kvh©µg
Avi‡¤¢i ZvwiL nB‡Z cieZx© 10 (`k) ermi ch©šÍ;
cÖ‡`q AvqKi nB‡Z GZÏv¦ iv Ae¨vnwZ cÖ`vb Kwij, h_v:
mviYx
µg wcwcwc cÖKí
(1) National Highways or Expressways and related Service Roads
(2) Flyovers
(3) Elevated and At-Grade Expressways
( 6863 )
g~j¨ t UvKv 4.00

Important SROs
µg wcwcwc cÖKí
(4) River Bridges
(5) Tunnels
(6) River port
(7) Sea port
(8) Airport
(9) Subway
(10) Monorail
(11) Railway
(12) Bus Terminals
(13) Bus Depots
(14) Elderly care home:
Z‡e kZ© _v‡K †h, D³ †Kv¤úvwb‡K

(K) 12-wWwRU Taxpayer’s Identification Number MÖnY Kwi‡Z nB‡e; Ges
Ges section 75 Gi weavb Abyhvqx AvqKi wiUvb© `vwLj Kwi‡Z nB‡e|
2| GB cÖÁvcb 1 RyjvB, 2017 wLª÷vã Zvwi‡L Kvh©Ki nB‡e|
ivó«cwZi Av‡`kµ‡g,
†gvt bwReyi ingvb
wmwbqi mwPe|
†gvt Avãyj gv‡jK, DccwiPvjK, evsjv‡`k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ©„K gyw`ªZ|
†gvt AvjgMxi †nv‡mb, DccwiPvjK, evsjv‡`k dig I cÖKvkbv Awdm,
†ZRMuvI, XvKv KZ©„K cÖKvwkZ| web site: www.bgpress.gov.bd

Important SROs
AwZwi³ msL¨v

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL : 7 Avlvp 1424 e½vã/21 Ryb 2017 wLª÷vã
Gm,Avi,I bs 208-AvBb/AvqKi/2017|Income-tax Ordinance, 1984
DwjøwLZ, Gi aviv 22 Gi Aaxb MwVZ †Kvb cÖKí †Kv¤úvwb KZ…©K D³ AvB‡bi aviv 14
Abyhvqx Aby‡gvw`Z wbgœ mviYx‡Z DwjøwLZ wcwcwc cÖKí cwiPvjbv nB‡Z AwR©Z eëmvq Av‡qi
Dci cÖ‡`q AvqKi nB‡Z evwYwR¨K Kvh©µg Avi‡¤¢i ZvwiL nB‡Z cieZx© 10(`k) erm‡ii
Rb¨ 100% (kZKiv GKkZ fvM) nv‡i Ae¨vnwZ cÖ`vb Kwij, h_v :
mviYx
µg wcwcwc cÖKí
(1) National Highways or Expressways and related
Service Roads
(2) Flyovers
(4) River Bridges
(6871)
g~j¨ t UvKv 4.00

Important SROs
µg wcwcwc cÖKí
(5) Tunnels
(6) River port
(7) Sea port
(8) Airport
(9) Subway
(10) Monorail
(11) Railway
(12) Bus Terminals
(13) Bus Depots
(14) Elderly care home :
Z‡e kZ© _v‡K †h, D³ †Kv¤úvwb‡K

(K) 12-wWwRU Taxpayer’s Identification Number MÖnY Kwi‡Z nB‡e; Ges
(L) D³ Ordinance Gi section 35 Abyhvqx h_vh_fv‡e wnmve msiÿY Kwi‡Z
nB‡e Ges section 75 Gi weavb Abyhvqx AvqKi wiUvb© `vwLj Kwi‡Z
nB‡e|
†gvt bwReyi ingvb

wmwbqi mwPe|
†gvt Avãyj gv‡jK, DccwiPvjK, evsjv‡`k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|

Important SROs
AwZwi³ msL¨v

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
DwjøwLZ, Gi aviv 22 Gi Aaxb MwVZ †Kvb cÖKí †Kv¤úvwb KZ…©K D³ AvB‡bi aviv 14
Abyhvqx Aby‡gvw`Z wbgœ mviYx‡Z DwjøwLZ wcwcwc cÖKí cwiPvjbvi Rb¨ D³ cÖKí †Kv¤úvwb‡Z
wb‡qvMK…Z we‡`kx cÖKgx©‡K (technician) wb‡qv‡Mi ZvwiL nB‡Z 3 (wZb) erm‡ii Rb¨ 50%
(cÂvk kZvsk) nv‡i Ki Ae¨vnwZ myweav cÖ`vb Kwij, h_v:―
mviYx
µg wcwcwc cÖKí
(1) National Highways or Expressways and related Service Roads
(2) Flyovers
(6865)
g~j¨ t UvKv 4.00

Important SROs
(4) River Bridges

(5) Tunnels
(6) River port
(7) Sea port
(8) Airport
(9) Subway
(10) Monorail
(11) Railway
(12) Bus Terminals
(13) Bus Depots
(14) Elderly care home:
Z‡e kZ© _v‡K †h,―

(K) D³ †Kv¤úvwbi evwYwR¨K Kvh©µg Avi¤¢ nBevi ci 5 (cuvP) ermi AwZµvšÍ
nB‡j, D³ we‡`kx cÖKgx© D³i~c myweav cÖvc¨ nB‡eb bv;
(L) D³i~c Ae¨vnwZ myweav MÖn‡Yi c~‡e© D³ we‡`kx cÖKgx©‡K―
(A) 12-wWwRU Taxpayer’s Identification Number MÖnY Kwi‡Z nB‡e;
Ges
(Av) D³ Ordinance Gi section 75 Gi weavb Abyhvqx AvqKi wiUvb©
`vwLj Kwi‡Z nB‡e|
†gvt bwReyi ingvb
wmwbqi mwPe|
†gvt Avãyj gv‡jK, DccwiPvjK, evsjv‡`k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|

Important SROs
AwZwi³ msL¨v
eyaevi, wW‡m¤î 11, 2019
A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL : 20 AMÖnvqY, 1426 e½vã/05 wW‡m¤î, 2019 wLª÷vã
Gm, Avi, I, bs 382-AvBb/AvqKi/2019|Income-tax Ordinance, 1984
(Ordinance No. XXXVI of 1984) Gi section 44 Gi sub-section (4) Gi clause (b) †Z
cÖ`Ë ÿgZve‡j miKvi, GB wefv‡Mi 17 Avlvp, 1416 e½vã †gvZv‡eK 1 RyjvB, 2009 wLª÷vã
Zvwi‡Li cÖÁvcb Gm,Avi,I bs 186-AvBb/2009 Gi wbgœiƒc AwaKZi ms‡kvab Kwij, h_v :
Dcwi-D³ cÖÁvc‡bi
(K) Ò†gvUi mvB‡Kj I Gqvi KwÛkbviÓ kã¸wji cwie‡Z© Ò†gvUi mvB‡Kj, Gqvi
KwÛkbvi I K‡¤úªmiÓ kã¸wj I Kgv cÖwZ¯’vwcZ nB‡e;
(L) Ò12 (ev‡iv) erm‡ii Rb¨Ó msL¨v, eÜbx I kã¸wj cwie‡Z© Ò30 Ryb, 2032 ch©šÍ,Ó
msL¨v¸wj, kã¸wj I Kgv cÖwZ¯’vwcZ nB‡e; Ges
(M) Ò5%Ó msL¨v I wP‡ýi cwie‡Z© Ò10%Ó msL¨v I wPý cÖwZ¯’vwcZ nB‡e|
2| GB cÖÁvcb Rvwii c~‡e© †h mKj wkí cÖwZôvb‡K RvZxq ivR¯^ †evW© KZ©K „ Ae¨vnwZi
Aby‡gv`b cÖ`vb Kiv nBqvwQj †mB mKj wkí cÖwZôvb Aby‡gvw`Z †gqv` ch©šÍ 5% nv‡i Ges D³ †gqv`
DËxY© nBevi ci cybivq RvZxq ivR¯^ †ev‡W©i Ae¨vnwZi Aby‡gv`b MÖnY mv‡c‡ÿ, 30 Ryb, 2032 ch©šÍ
10% nv‡i Ki cwi‡kva Kwi‡Z nB‡e|
wmwbqi mwPe|
XvKv KZ…©K cÖKvwkZ| website : www.bgpress.gov.bd
(25647)
g~j¨ : UvKv 400

Important SROs
Complied
In Association
by: Masum
with: Gazi
Mahmudul Hasan
376
Important SROs
AwZwi³ msL¨v
KZ©„cÿ KZ©„K cÖKvwkZ
A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL : 24 Avlvp, 1422 e½vã/08 RyjvB, 2015 wLª÷vã
(Ordinance No. XXXVI of 1984), AZtci D³ (Ordinance) ewjqv DwjøwLZ, Gi
section 44 Gi sub-section (4) Gi clause (b) †Z cÖ`Ë ÿgZve‡j miKvi, evsjv‡`k
A_©‰bwZK AÂj AvBb, 2010 (2010 m‡bi 42 bs AvBb) Gi aviv 5 I 4 Gi weavb Abyhvqx
h_vµ‡g †NvwlZ I cÖwZwôZ A_©‰bwZK AÂ‡j cY¨ Drcv`b ev †mev cÖ`v‡bi j‡ÿ¨ cwiPvwjZ
Ges D³ Ordinance Gi section 2(20) Abymv‡i msÁvwqZ †Kv¤úvbx‡K D³ A_©‰bwZK
AÂ‡j cwiPvwjZ eëmvwqK Kvh©µg nB‡Z D™¢~Z mKj Av‡qi Dci cÖ‡`q AvqKi nB‡Z 1g,
2q I 3q erm‡ii Rb¨ 100%, 4_© erm‡ii Rb¨ 80%, 5g erm‡ii Rb¨ 70%, 6ô erm‡ii
Rb¨ 60%, 7g erm‡ii Rb¨ 50%, 8g erm‡ii Rb¨ 40%, 9g erm‡ii Rb¨ 30%, 10g
erm‡ii Rb¨ 20% nv‡i Ae¨vnwZ cÖ`vb Kwij :
Z‡e kZ© _v‡K †h, D³ A_©‰bwZK AÂ‡j ¯’vwcZ †Kv¤úvbx‡K
(K) wU AvB Gb MÖnY Kwi‡Z nB‡e; Ges
Ges section 75 G wba©vwiZ mg‡qi g‡a¨ AvqKi wiUvb© mswkøó AvqKi KZ©„c‡ÿi
wbKU `vwLj Kwi‡Z nB‡e|
†gvt bwReyi ingvb
mwPe|
(5701)
g~j¨ t UvKv 4.00

Important SROs
.†iwR÷vW© bs wW G-1
AwZwi³ msL¨v

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL: 24 Avlvp 1422 e½vã/08 RyjvB 2015 wLª÷vã
Gm, Avi, I bs 229-AvBb/AvqKi/2015|Income-tax Ordinance, 1984 (Ordinance
No. XXXVI of 1984), AZtci D³ Ordinance ewjqv DwjøwLZ, Gi section 44 Gi sub-
section (4) Gi Clause (b) †Z cÖ`Ë ÿgZve‡j miKvi, evsjv‡`k nvB-†UK cvK© KZ©„cÿ AvBb,
2010 (2010 m‡bi 8bs AvBb) Gi aviv 20 Abymv‡i wb‡qvMK…Z †W‡fjcvi‡K cv‡K© cwiPvwjZ Dnvi
eëmvwqK Kvh©µg nB‡Z D™¢~Z mKj cÖKvi Av‡qi Dci cÖ‡`q AvqKi nB‡Z eëmvwqK Kvh©µg ïiæi
ZvwiL nB‡Z cÖ_g 10 ermi 100%, 11Zg ermi 70%, 12 Zg ermi 30% nv‡i wbgœiƒc kZ©
mv‡c‡ÿ Ae¨vnwZ cÖ`vb Kwij, h_v :
kZ©mg~n
(1) †W‡fjcvi‡K D³ Ordinance Gi section (2) Gi sub-section (20) Abymv‡i †Kv¤úvbx
nB‡Z nB‡e;
(2) †W‡fjcvi‡K Tax-payers Identification Number (TIN) MÖnY Kwi‡Z nB‡e; Ges
(3) D³ Ordinance Gi section (35) Abyhvqx h_vh_fv‡e wnmve msiÿY Kwi‡Z nB‡e Ges
section 75 G wba©vwiZ mg‡qi g‡a¨ AvqKi wiUvb© mswkøó AvqKi KZ©„c‡ÿi wbKU `vwLj
Kwi‡Z nB‡e|
e¨vL¨v : GB cÖÁvc‡b ÒeëmvwqK Kvh©µg ïiæÓ ewj‡Z cv‡K© †W‡fjcvi †Kv¤úvbx †h Zvwi‡L
eëmv nB‡Z Avq cÖvß nB‡e ev AR©b ïiæ Kwi‡e †mB ZvwiL‡K eySvB‡e|
†gvt bwReyi ingvb
mwPe|
(5705)
g~j¨ t UvKv 4⋅00

Important SROs
AwZwi³ msL¨v
†mvgevi, RyjvB 2, 2012

A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
Gm,Avi,I bs 219-AvBb/AvqKi/2012|⎯Income-tax Ordinance, 1984 (Ord.
XXXVI of 1984), AZ:ci D³ Ordinance ewjqv DwjøwLZ, Gi section 44 Gi
sub-section (4) Gi clause (b) †Z cÖ`Ë ÿgZve‡j Ges GZ`&wel‡q AÎ wefv‡Mi
20 Avlvp, 1418 e½vã †gvZv‡eK 4 RyjvB, 2011 wLª÷vã Zvwi‡Li cÖÁvcb Gm, Avi, I bs
219-AvBb/AvqKi/2011 iwnZµ‡g miKvi, The Bangladesh Export Processing Zones
Authority Act, 1980 (Act No. XXXVI of 1980) Gi section 10 Gi Aaxb †NvwlZ
Export Processing Zone ev evsjv‡`k †emiKvwi ißvbx cÖwµqvKiY AÂj AvBb, 1996
(1996 mv‡ji 20 bs AvBb) Gi aviv 11 Gi Aaxb †NvwlZ †h †Kvb ißvbx cÖwµqvKiY AÂj
G 1 Rvbyqvwi, 2012 wLª: Zvwi‡L ev ZrcieZ©x‡Z ¯’vwcZ †h †Kvb wkí nB‡Z D™¢~Z Avq‡K
wbgœewY©Z nv‡i I k‡Z© AvqKi nB‡Z Ae¨vnwZ cÖ`vb Kwij, h_v t⎯
(K) XvKv I PÆMÖvg wefvM (ev›ìevb, iv½vgvwU I LvMovQwo †Rjv e¨ZxZ) G ¯’vwcZ
nB‡j⎯
cÖ_g `yB ermi (cÖ_g I wØZxq ermi) 100%
cieZx© `yB ermi (Z…Zxq I PZz_© ermi) 50%
cieZ©x GK ermi (cÂg ermi) 25%;
( 108461 )
g~j¨ t UvKv 4.00

Important SROs
108462 evsjv‡`k †M‡RU, AwZwi³, RyjvB 2, 2012
(L) Dc-`dv (K) G DwjøwLZ wefvM e¨ZxZ Ab¨vb¨ wefvM G ev ev›ìevb, iv½vgvwU I
LvMovQwo †Rjvq ¯’vwcZ nB‡j⎯

cÖ_g wZb ermi (cÖ_g, wØZxq I Z…Zxq ermi) 100%
cieZx© `yB ermi (PZz_©, cÂg I lô ermi) 50%
cieZ©x GK eQi (mßg ermi) 25%;
(M) Dcwi-DwjøwLZ wkí cÖwZôvb‡K h_vh_fv‡e wnmve msiÿY Kwi‡Z nB‡e Ges D³
Ordinance Gi section 75 G ewY©Z wba©vwiZ mg‡q AvqKi wiUvb© mswkøó AvqKi KZ©„c‡ÿi
2| GB weavb 1 Rvbyqvwi, 2012 Zvwi‡L Kvh©Ki nBqv‡Q ewjqv MY¨ nB‡e|
ˆmq` †gvt Avwgbyj Kwig
AwZwi³ mwPe (c`vwaKvie‡j)|
†gvt Avey BDmyd (hyM¥-mwPe), Dc-cwiPvjK, AwZwi³ `vwqZ¡, evsjv‡`k miKvwi gy`Yª vjq, XvKv KZ…©K gyw`ªZ|
Ave`yi iwk` (Dc-mwPe), Dc-cwiPvjK, evsjv‡`k dig I cÖKvkbv Awdm,

Important SROs
†iwR÷vW© bs wW G-1 ÒRvwZi wcZv e½eÜz †kL gywReyi ingv‡bi

Rb¥kZevwl©Kx D`&hvcb mdj †nvKÓ
AwZwi³ msL¨v
iweevi, †g 10, 2020
A_© gš¿Yvjq
(AvqKi)
cÖÁvcb
ZvwiL : 11 ˆPÎ, 1426 e•Mvã/25 gvP©, 2020 wLªóvã
Gm, Avi, I bs 104-AvBb/AvqKi/2020|Income-tax Ordinance, 1984

44 Gi sub-section (4) Gi clause (b) †Z cÖ`Ë ÿgZve‡j miKvi, wbgœewY©Z k‡Z©,
evsjv‡`k A_©‰bwZK AÂj AvBb, 2010 (2010 m‡bi 42 bs AvBb) Gi aviv 5 Gi Aaxb
†NvwlZ A_©‰bwZK AÂ‡j, AZtci D³ A_©‰bwZK AÂj ewjqv DwjøwLZ, D³ Ordinance Gi
section 2 Gi clause (20) G msÁvwqZ †Kv‡bv †Kv¤úvwb KZ…©K †fvR¨ †Zj, wPwb, AvUv, gq`v,
wm‡g›U, †jvnv I †jŠnRvZxq cY¨ e¨ZxZ Ab¨ cY¨ ev †mev Drcv`‡bi gva¨‡g D™¢~Z Av‡qi
Dci evwYwR¨K Drcv`b kyiyi ZvwiL nB‡Z 1g, 2q I 3q erm‡ii Rb¨ 100%, 4_© erm‡ii
Rb¨ 80%, 5g erm‡ii Rb¨ 70%, 6ô erm‡ii Rb¨ 60%, 7g erm‡ii Rb¨ 50%, 8g
erm‡ii Rb¨ 40%, 9g erm‡ii Rb¨ 30%, 10g erm‡ii Rb¨ 20% nv‡i cÖ‡`q AvqKi
nB‡Z Ae¨vnwZ cÖ`vb Kwij, h_v :
kZ©vewj
(K) D³ A_©‰bwZK AÂ‡ji evwn‡i Aew¯’Z mswkøó †Kv¤úvwbi †Kv‡bv wkí BDwbU‡K
D³ A_©‰bwZK AÂ‡j ¯’vbvšÍi (relocation) Kiv hvB‡e bv;
( 3779 )
g~j¨ : UvKv 4.00

Important SROs
3780 evsjv‡`k †M‡RU, AwZwi³, †g 10, 2020
(L) evsjv‡`‡k BZtc~‡e© cY¨ ev †mev Drcv`‡b eëüZ nBqv‡Q GBi~c †Kv‡bv
†gwkb, hš¿cvwZ, BZ¨vw` D³ A_©‰bwZK AÂ‡j †Kv‡bv wkí BDwbU ¯’vc‡b
eënvi Kiv hvB‡e bv;
(M) mswkøó †Kv¤úvwb KZ…©K D³ A_©‰bwZK AÂ‡ji Af¨šÍ‡i Ges evwn‡i (hw`
_v‡K) cwiPvwjZ wkí BDwb‡Ui Rb¨ c„_K c„_K evwYwR¨K wnmve Ges e¨vsK
wnmve msiÿY Kwi‡Z nB‡e;
(N) mswkøó †Kv¤úvwb KZ…©K D³ A_©‰bwZK AÂ‡ji Af¨šÍ‡i Ges evwn‡i (hw`
_v‡K) cwiPvwjZ wkí BDwb‡Ui g‡a¨ †Kv‡bv AvšÍtBDwbU †jb‡`b msNwUZ
nB‡j D³i~c mKj †jb‡`‡bi we¯ÍvwiZ Z_¨ D³ †Kv¤úvwbi AvqKi wiUv‡b©i
mwnZ mswkøó Dc-Ki Kwgkbvi Gi wbKU `vwLj Kwi‡Z nB‡e; Ges
(O) mswkøó †Kv¤úvwb‡K D³ Ordinance Gi section 35 Abyhvqx h_vh_fv‡e

wnmve msiÿY Kwi‡Z nB‡e Ges section 75, 75A, 108 Ges 108A Abyhvqx
wiUvb©, Certificate, weeiYx ev Z_¨ wba©vwiZ mg‡q mswkøó AvqKi KZ…©c‡ÿi
2| GB wefvM KZ…©K 23 gvP©, 2019 wLª÷vã Zvwi‡L RvwiK…Z cÖÁvcb Gm.Avi.I bs-
81-AvBb/AvqKi/2019 GZÏ¦viv iwnZ Kiv nBj|
3| GB cÖÁvcb Awej‡¤^ Kvh©Ki nB‡e|
Avey †nbv †gvt ingvZzj gywbg

wmwbqi mwPe|
†gvt Avmv`y¾vgvb, DccwiPvjK (AwZt `vwqZ¡), evsjv‡`k dig I cÖKvkbv Awdm, †ZRMuvI,
XvKv KZ…©K cÖKvwkZ| web site : www.bgpress.gov.bd

Income Tax Ordinance 1984 - Amended Upto July 2022

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Income Tax Ordinance 1984 - Amended Upto July 2022

Uploaded by

Copyright:

Available Formats

Income Tax Manual

The Income Tax Ordinance, 1984

(As amended up to July 2022)

Compiled by: Masum Gazi

In association with: Mahmudul Hasan

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Stttion Particulars Pagt No.

Particulars Page No.

), Paragraphs (32A-45) 250

(b) any income deri,·ed from any building which -

[(3)"annual value" shall be deemed to be -

[(4)"Appellate Joint Commissioner" means a person appointed to be an Appellate Joint

((10) "Assistant Commissioner of Taxes" means a person appointed to be an Assistant Commissioner

((16) "charitable purpose" means-

((198) Commissioner (Large Taxpayer Unit) means a person appointed 10 be a Commissioner of

(21) "cc-cperative society" means a cc-operative society registered under [~ ~ ~. ,oo)

(23) "Deputy Commissioner of Taxes" means a person appointed to be a Depnty Commissioner of

(26) "dividend" includes -

[(34) "income" mcludes -

(36) "In~ Joint Commissioner" means a person appointed to be an Inspecting Joint

(40) "market value", in respect of agricultural produce, means -

(i) a place of management;

((46) "person" indudes an individual, a finn, an association of persons, a Hindu undividedfamily, a

(55) "resiclenl", in respect of any income year, means -

(60) "Shareholder"includes a preferenceshareholder;

4. Appointment of income tax authorities. -

[4A. Delegation of powers, -

5. Subordinationand control of income tax authorities, -

6. Jurisdiction ofincomt tax authorities. -

7. Extrcist of jurisdicr.ion by sacce"or ....

8. Officers, ere, to follow iastructiens of the Board. -

9. Guidance to tht- Depury Commissionerof Taxes, etc. -

12. Esereise of powtr of th• Tribunal by Btnches. -

13. Decision of Bench. -

14. Exercise ef power by one member, -

IS. R•i:11lotion of Pto«dure. -

[16A. Chargr of sureharge, -

[[16B. Charge of additional tax. -

16BB. Chargt of additional amount, ere.,

16BBB. Charge of minimum tax. -

[16C. CbargH of eseess profit tax-

[16CC.Charg• of minimum tax. -

[16CCC. Chore• of minimum tax. -

[16D. Charge of dhide.nd distribution tax. -

(16E. Charge of ta..s on sale of shirt at a premium ever fac.t value...

[16F. Charge of tax on dhidend. -

16G. Charge of tu on retained tarnings, reserves, surplus etc.,

17. Scope of the total income. -

18. Income deemed to accrue or arise in Bangladesh. -

Explanation. - For !he purpose of clause (2)-

19. Un..f'xpbinrd invrsr:mt-nt.s, ete., deemed to be incomt ..

[19A. Special tax treatment in respect of investmentin new industry. -

[19AA... Special tax treatment in certain cases of investment. -

Notwtthswulmg anything contained iu this Ordioanoe, no question sball be nised as to the

[19AAAA. Special Tax Treatment in respect ofinvestment in Securities. -