এই অধ্যাদেশ আয়কর আইন, ২০২৩ (২০২৩ সনের ১২ নং আইন) দ্বারা রহিত করা হইয়াছে।
An Ordinance to consolidate and amend the law relating to Income-tax.
WHEREAS it is expedient to consolidate and amend the law relating to income-tax;
NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in this behalf, the President is pleased to make and promulgate the following Ordinance:-
CONTENTS
SECTIONS
1. Short title and commencement
4. Appointment of income-tax authorities
5. Subordination and control of income-tax authorities
6. Jurisdiction of income-tax authorities
7. Exercise of jurisdiction by successor
8. Officers, etc. to follow instructions of the Board
9. Guidance to the Deputy Commissioner of Taxes, etc.
11. Establishment of Appellate Tribunal
12. Exercise of power of the Tribunal by Benches
14. Exercise of power by one member
16BB. Charge of additional amount, etc
16F. Charge of tax on stock dividend
16G. Charge of tax on retained earnings, reserves, surplus etc
16H. Charge of tax on the difference of investment, import and export
18. Income deemed to accrue or arise in Bangladesh
19. Un-explained investments, etc., deemed to be income
19AAAAAA. Special Tax Treatment in respect of investment in new industrial undertaking
19BBBBB. Special tax treatment in respect of investment in [***] building, apartmen
19DD. Special tax treatment in respect of investment in Economic Zones or Hi-Tech Parks
19E. Voluntary disclosure of income.
19F. Special Tax Treatment in respect of undisclosed offshore assets
19G. Penalty for any offshore asset not disclosed in the return
23. Deductions from interest on securities
24. Income from house property
25. Deductions from income from house property
27. Deductions from agricultural income
28. Income from business or profession
29. Deductions from income from business or profession
30A. Provision for disallowance
30. Deduction not admissible in certain circumstances
30B. Treatment of disallowances
31A. Capital gains from the transfer of business or undertaking
32. Computation of capital gains
32A. Computation of capital gains from the transfer of business or undertaking
34. Deductions from income from other sources
36. Allocation of income from royalties, etc., for literary works, etc.
38. Carry forward of business losses
39. Carry forward of loss in speculation business
40. Carry forward of loss under the head “Capital gains”
41. Carry forward of loss under the head “Agricultural income”
42. Conditions and limitations of carrying forward of loss, etc.
43. Computation of total income
45. Exemption of income of an industrial undertaking
46. Exemption of income of a tourist industry
46A. Exemption from tax of newly established industrial undertakings, etc. in certain cases
47. Exemption of income of co-operative societies
48. Deduction at source and advance payment of tax
49. Income subject to deduction at source
50A. Deduction at source from discount on the real value of Bangladesh Bank bills
50. Deduction at source from salaries
50B. Deduction of tax from payment of remuneration to Members of Parliament
51. Deduction at source from discount, interest or profit on securities
52. Deduction from payment to contractors, etc.
52A. Deduction from payment of royalties etc
52AA. Deduction from the payment of certain services
52AAA. Collection of tax from clearing and forwarding agents
52B. Collection of tax from Cigarette manufacturers
52C. Deduction at source from compensation against acquisition of property
52D. Deduction at source from interest on saving instruments
52DD. Deduction from payment to a beneficiary of workers’ participation fund
52F. Collection of tax from brick manufacturers
52I. Deduction from the commission of letter of credit
52JJ. Collection of tax from travel agent
52K. Collection of tax by City Corporation or Pourashava at the time of renewal of trade licence.
52M. Collection of tax from freight forward agency commission.
52N. Collection of tax on account of purchase of power
52O. Collection of tax from a foreign technician serving in a diamond cutting industry
52P. Deduction of tax for services from convention hall, conference centre, etc
52R. Deduction of tax from receipts in respect of international phone call.
52T. Deduction of tax from any payment in excess of premium paid on life insurance policy.
52U. Deduction from payment on account of local letter of credit, etc.
52V. Deduction from payment by cellular mobile phone operator.
53. Collection of tax on account of import of goods
53A. Deduction at source from income from house property
53AA. Collection of tax from shipping business of a resident
53B. Collection of tax from recruiting agents
53BB. Deduction of tax from export proceeds of goods
53BBB. Collection of tax from Member of Stock Exchanges
53C. Collection of tax on sale price of goods or property sold by public auction
53CCC. Deduction or collection of tax at source from courier business of a non-resident
53D. Deduction from payment to actors, actresses, producers, etc.
53DDD. Deduction of tax at source from export cash subsidy.
53E. Deduction or collection at source from commission, discount, fees, etc.
53EE. Deduction of tax from commission or remuneration paid to agent of foreign buyer
53F. Deduction at source from interest on saving deposits and fixed deposits, etc
53FF. Collection of tax from persons engaged in real estate or land development business
53G. Deduction at source from insurance commission
53GG. Deduction at source from fees, etc. of Surveyors of general insurance company
53H. Collection of tax on transfer, etc. of property
53HH. Collection of tax from lease of property.
53I. Deduction at source from interest on deposit of Post Office Savings Bank Account.
53J. Deduction at source from rental value of [water body or] vacant land or plant or machinery.
53N. Collection of tax from transfer of share of shareholder of Stock Exchanges.
53P. Deduction of tax from any sum paid by real estate developer to land owner
53Q. Collection of Tax from motorvehicles plying commercially
53R. Collection of tax from inland ships
54. Deduction of tax from dividends
55. Deduction from income from lottery, etc.
56. Deduction from income of non-residents
57. Consequences of failure to deduct, collect, etc
58. Certificate of deduction, etc. of tax
59. Payment to Government of tax deducted
60. Unauthorised deduction prohibited
61. Power to levy tax without prejudice to other mode of recovery
62. Credit of tax deducted or collected at source
63. Payment of tax where no deduction is made
65. Computation of advance tax
66. Instalments of advance tax
68. Advance payment of tax by new assessees
68A. Advance tax on certain income
68B. Advance tax for the owners of private motor car
69. Failure to pay instalments of advance tax
70. Levy of interest for failure to pay advance tax
72. Interest payable by Government on excess payment of advance tax
73. Interest payable by the assessee on deficiency in payment of advance tax
73A. Delay Interest for not filing return on or before the Tax Day
74. Payment of tax on the basis of return
75A. Return of withholding tax
75AA. Audit of the return of withholding tax
75B. Obligation to furnish Annual Information Return.
79. Production of accounts and documents, etc
80. Statements of assets, liabilities and life style
82. Assessment on correct return.
82A. Assessment under simplified procedure
82BB. Universal Self Assessment
83AAA. Assessment on the basis of report of a chartered accountant
85. Special provisions regarding assessment of firms
86. Assessment in case of change in the constitution of a firm
87. Assessment in case of constitution of new successor firm
88. Assessment in case of succession to business otherwise than on death
89. Assessment in case of discontinued business
90. Assessment in case of partition of a Hindu undivided family
91. Assessment in case of persons leaving Bangladesh
92. Assessment in the case of income of a deceased person
93. Tax, etc. escaping payment
94B. Bar to question assessment
95. Liability of representative in certain cases
96. Persons to be treated as agent
97. Right of representative to recover tax paid
98. Liability of firm or association for unrecoverable tax due from partners or members
99. Liability of partners, etc., for discontinued business of a firm, etc.
100. Liability of directors for unrecoverable tax of private companies
101. Liability of liquidator for tax of private companies under liquidation
102. Liability to tax in case of shipping business of non-residents
103A. Liability to tax in case of air transport business of non-residents
104. Avoidance of tax through transactions with non-residents
105. Avoidance of tax through transfer of assets
106. Avoidance of tax by transactions in securities
107. Tax clearance certificate required for persons leaving Bangladesh
107B. Determination of income from international transaction having regard to arm’s length price.
107C. Computation of arm’s length price.
107D. Reference to Transfer Pricing Officer.
107E. Maintenance and keeping of information, documents and records
107EE. Statement of international transactions to be submitted
107F. Report from an accountant to be furnished.
107H. Penalty for failure to comply with the notice or requisition under section 107C.
107HH. Penalty for failure to comply with the provision of section 107EE
107I. Penalty for failure to furnish report under section 107F.
107J. Applicability of this Chapter.
108. Information regarding payment of salary
108A. Information regarding filing of return by employees
109. Information regarding Payment of interest
110. Information regarding payment of dividend
112. Powers under this Chapter not to prejudice other powers
113. Power to call for information
113A. Automatic furnishing of information
114. Power to Inspect registers of companies
116. Additional powers of enquiry and production of documents
116A. Power of giving order for not removing property
117. Power of search and seizure
117A. Power to verify and enforce deduction or collection of tax
118. Retention of seized assets
119. Application of retained assets
120. Power of Commissioner or Inspecting Joint Commissioner to revise the erroneous order
121A. Revisional power of Commissioner
122. Power to take evidence on oath, etc.
123. Penalty for not maintaining accounts in the prescribed manner
124. Penalty for failure to file return, etc.
124A.Penalty for using fake Tax-payer's Identification Number
125. Failure to pay advance tax, etc.
126. Penalty for non-compliance with notice
127. Failure to pay tax on the basis of return
128. Penalty for concealment of income
129A. Penalty for incorrect or false audit report by chartered accountant.
129B. Penalty for furnishing fake audit report
130. Bar to imposition of penalty without hearing
131. Previous approval of Inspecting Joint Commissioner for imposing penalty
131A. Previous approval of the Board for imposing penalty
132. Orders of penalty to be sent to Deputy Commissioner of Taxes
133. Penalty to be without prejudice to other liability
133A. Revision of penalty based on the revised amount of income
134. Tax to include penalty, interest, etc.
137. Penalty for default in payment of tax
138. Certificate for recovery of tax
139. Method of recovery by Tax Recovery Officer
140. Power of withdrawal of certificate and stay of proceeding
141. Validity of certificate for recovery not open to dispute
142. Recovery of tax through Collector of District
142A. Recovery of tax through Special Magistrates
144. Agreement to avoid double taxation
145. Relief in respect of income arising outside Bangladesh
147. Claim of refund for deceased or disabled persons
148. Correctness of assessment, etc., not to be questioned
149. Refund on the basis of orders in appeal
150. Form of claim and limitation
151. Interest on delayed refund
152. Adjustment of refund against tax
152A, 152B, 152C, 152D and 152E. [Omitted]
152F. Alternative Dispute Resolution.
152I. Application for alternative resolution of disputes.
152J. Eligibility for application for ADR
152K. Appointment of Facilitator and his duties and responsibilities.
152L. Rights and duties of the assessee for ADR.
152M. Nomination and responsibility of the Commissioner's Representative in ADR.
152N. Procedures of disposal by the Alternative Dispute Resolution.
152S. Bar on suit or prosecution.
152Q. Limitation for appeal where agreement is not concluded.
152R. Post verification of the agreement.
153. Appeal to appellate income tax authority
154. Form of appeal and limitation
155. Procedure in appeal before the Appellate Joint Commissioner [or the Commission (Appeals)]
156. Decision in appeal by the Appellate Joint Commissioner [or the Commission (Appeals)]
157. Appeal against order of Tax Recovery Officer
158. Appeal to the Appellate Tribunal
159. Disposal of appeal by the Appellate Tribunal
160. Reference to the High Court Division
161. Decision of the High Court Division
162. Appeal to the Appellate Division
163. Statement, returns, etc., to be confidential
164. Punishment for non-compliance of certain obligations
165. Punishment for false statement in [verifications, etc.]
165A. Punishment for improper use of Tax-payer's Identification Number
165AA. Punishment for furnishing fake audit report
165B. Punishment for obstructing an income tax authority.
165C. Punishment for unauthorised employment
166. Punishment for concealment of income, etc.
166A. Punishment for providing false information, etc
167. Punishment for disposal of property to prevent attachment
168. Punishment for disclosure of protected information
169A. Further enquiry and investigation, etc. for prosecution
170. Power to compound offences
172. Relief when salary, etc., is paid in arrear or advance
174. Appearance by authorised representative
175. Tax to be calculated to nearest taka
177. Computation of the period of limitation
178A. System generated notice, order, etc
179. Certain errors not to vitiate assessment, etc.
180. Proceeding against companies under liquidation
182. Bar of suits and prosecution, etc.
183. Ordinance to have effect pending legislative provision for charge of tax
184A. Proof of submission of return required in certain cases
184AA. [Twelve-digit] Tax-payer’s identification number (TIN) in certain documents, etc.
184B. Tax-payer’s identification number
184BB. Tax collection account number
184BBBB. Issuance of Temporary Registration Number (TRN).
184C. Displaying proof of submission of return
184CC. Requirement of mentioning twelve-digit Taxpayer’s Identification Number in certain documents.
184D. Reward to officers and employees of the Board and its subordinate income tax offices [* * *]
184E. Assistance to income tax authorities
184F. Ordinance to override other laws.
184G. Power to condone or extend, etc
185A. Power to issue circular, clarification, etc
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