The Income-tax Ordinance, 1984

( Ordinance NO. XXXVI Of 1984 )

An Ordinance to consolidate and amend the law relating to Income-tax.

 
 
 
WHEREAS it is expedient to consolidate and amend the law relating to income-tax;
 
 
 
 
NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in this behalf, the President is pleased to make and promulgate the following Ordinance:-
 
 
 

CONTENTS

SECTIONS

1. Short title and commencement

2. Definitions

3. Income-tax authorities

4. Appointment of income-tax authorities

4A. Delegation of powers

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.

10. Exercise of assessment functions by the Inspecting Joint Commissioners [and the Inspecting Additional Commissioners]

11. Establishment of Appellate Tribunal

12. Exercise of power of the Tribunal by Benches

13. Decision of Bench

14. Exercise of power by one member

15. Regulation of procedure

16. Charge of income-tax

16A. Charge of surcharge

16B. Charge of additional tax

16BB. Charge of additional amount, etc

16BBB. Charge of minimum tax

16C. [Omitted]

16CC. [Omitted]

16CCC. [Omitted]

16D. [Omitted]

16E. [Omited]

16F. Charge of tax on stock dividend

16G. Charge of tax on retained earnings, reserves, surplus etc

17. Scope of the total income

18. Income deemed to accrue or arise in Bangladesh

19. Un-explained investments, etc., deemed to be income

19A. [Omitted]

19AA. [Omitted]

19AAA. [Omitted]

19B [Omitted]

19BB [Omitted]

19BBB [Omitted]

19BBBB[Omitted]

19BBBBB. Special tax treatment in respect of investment in residential building, apartment

19C. Special tax treatment in respect of investment in the purchase of bond under Bangladesh Infrastructure Finance Fund

19D [Omitted]

19DD. Special tax treatment in respect of investment in Economic Zones or Hi-Tech Parks

19E. Voluntary disclosure of income.

20. Heads of income

21. Salaries

22. Interest on securities

23. Deductions from interest on securities

24. Income from house property

25. Deductions from income from house property

26. Agricultural income

27. Deductions from agricultural income

28. Income from business or profession

29. Deductions from income from business or profession

30. Deduction not admissible in certain circumstances

30A. Provision for disallowance

30B. Treatment of disallowances

31. Capital gains

32. Computation of capital gains

33. Income from other sources

34. Deductions from income from other sources

35. Method of accounting

36. Allocation of income from royalties, etc., for literary works, etc.

37. Set off of losses

38. Carry forward of business losses

39. Carry forward of loss in speculation business

40. Carry forward of loss under the head “Capital gains”

41. Carry forward of loss under the head “Agricultural income”

42. Conditions and limitations of carrying forward of loss, etc.

43. Computation of total income

44. Exemption

45. Exemption of income of an industrial undertaking

46. Exemption of income of a tourist industry

46A. Exemption from tax of newly established industrial undertakings, etc. in certain cases

46B. Exemption from tax of newly established industrial undertakings set up between the period of July, 2011 and [June, [2019]],etc, in certain cases.

46BB. Exemption from tax of newly established industrial undertakings set up between the period of July, 2019 and June, 2024, etc. in certain cases.

46C. Exemption from tax of newly established physical infrastructure facility set up between the period of July, 2011 and[June,[2019]], etc, in certain cases.

46CC. Exemption from tax of newly established physical infrastructure facility set up between the period of July, 2019 and June, 2024, 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

50. Deduction at source from salaries

50A. Deduction at source from discount on the real value of Bangladesh Bank bills

50B. Deduction of tax from payment of remuneration to Members of Parliament

51. Deduction at source from interest or profit on securities

51A. [Omitted]

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 at source from payment to a beneficicary of workers’ participation fund

52E. [Omitted]

52F. Collection of tax from brick manufacturers

52G. [Omitted]

52H. [Omitted]

52I. Deduction from the commission of letter of credit

52J. [Omitted]

52JJ. Collection of tax from travel agent

52K. Collection of tax by City Corporation or Pourashava at the time of renewal of trade licence.

52L. [Omitted]

52M. Collection of tax from freight forward agency commission.

52N. Collection of tax on account of rental 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.

52Q. Deduction of tax from resident for any income in connection with any service provided to any foreign person.

52R. Deduction of tax from receipts in respect of international phone call.

52S. [Omitted].

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.

52V. Deduction from payment by cellular mobile phone operator.

53. Collection of tax from importers [***]

53A. Deduction at source from house property

53AA. Collection of tax from shipping business of a resident

53B. Deduction of tax from income derived on account of export of manpower

53BB. Collection of tax from export of certain items

53BBB. Collection of tax from Member of Stock Exchanges

53BBBB. Collection of tax from export of any goods except certain items.

53C. Collection of tax on sale price of goods or property sold by public auction

53CC. [Omitted]

53CCC. Deduction or collection of tax at source from courier business of a non-resident

53D. Deduction from payment to actors, actresses, producers, etc.

53DD. [Omitted]

53DDD. Deduction of tax at source from export cash subsidy.

53E. Deduction or collection at source from [commission, discount or fees]

53EE. Deduction of tax from commission or remuneration paid to agent of foreign buyer

53F. Deduction at source from interest on saving deposits and fixed deposits, etc.

53FF. Collection of tax from persons engaged in real estate or land development business

53G. Deduction at source from insurance commission

53GG. Deduction at source from fees, etc. of Surveyors of general insurance company

53GGG. [Omitted]

53H. Collection of tax on transfer, etc. of property

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 vacant land or plant or machinery.

53K. Deduction of tax from advertising bill of newspaper or magazine or private television channel [or private radio station, [etc]].

53L. [Omited]

53M. Collection of tax from transfer of securities or mutual fund units by sponsor shareholders of a company etc.

53N. Collection of tax from transfer of share of shareholder of Stock Exchanges.

53O. [Omitted]

53P. Deduction of tax from any sum paid by real estate developer to land owner

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

57A. Consequences of the issuance of certificate of tax deduction or collection without actual deduction, collection or payment

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

62A. [Omitted]

63. Payment of tax where no deduction is made

64. Advance payment of tax

65. Computation of advance tax

66. Instalments of advance tax

67. Estimate of advance tax

68. Advance payment of tax by new assessees

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

71. Credit of advance tax

72. Interest payable by Government on excess payment of advance tax

73. Interest payable by the assessee on deficiency in payment of advance tax

73A. Delay Interest for not filing return on or before the Tax Day

74. Payment of tax on the basis of return

75. Return of income

75A. Return of withholding tax

75AA. Audit of the return of withholding tax

75B. Obligation to furnish Annual Information Return.

75C. Concurrent jurisdiction.

76. [Omitted]

77. Notice of filing return

78. Filing of revised return

79. Production of accounts and documents

80. Statements of assets, liabilities and life style

81. Provisional assessment

82. Assessment on correct return.

82A. Assessment under simplified procedure

82B [Omitted]

82BB. Universal Self Assessment.

82C. Minimum Tax

82D. Spot assessment

83. Assessment after hearing

83A[Omitted]

83AA [Omitted]

83AAA. Assessment on the basis of report of a chartered accountant

84. Best judgment assessment

84A. [Omitted]

85. Special provisions regarding assessment of firms

86. Assessment in case of change in the constitution of a firm

87. Assessment in case of constitution of new successor firm

88. Assessment in case of succession to business otherwise than on death

89. Assessment in case of discontinued business

90. Assessment in case of partition of a Hindu undivided family

91. Assessment in case of persons leaving Bangladesh

92. Assessment in the case of income of a deceased person

93. Tax, etc. escaping payment

94. Limitation for assessment

94A. [Omitted]

95. Liability of representative in certain cases

96. Persons to be treated as agent

97. Right of representative to recover tax paid

98. Liability of firm or association for unrecoverable tax due from partners or members

99. Liability of partners, etc., for discontinued business of a firm, etc.

100. Liability of directors for unrecoverable tax of private companies

101. Liability of liquidator for tax of private companies under liquidation

102. Liability to tax in case of shipping business of non-residents

103. [Omitted]

103A. Liability to tax in case of air transport business of non-residents

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

107A. Definitions.

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.

107G. Penalty for failure to keep, maintain or furnish information, documents or records to the Deputy Commissioner of Taxes.

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

111. [Omitted]

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

115. Power of survey

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 deduction or collection of tax

118. Retention of seized assets

119. Application of retained assets

120. Power of Inspecting Joint Commissioner to revise orders of Deputy Commissioner of Taxes

121 [Omitted]

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

124AA. Penalty for failure to verify Taxpayer’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

129. [Omitted]

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 Appellate Joint Commissioner, etc., 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.

135. Notice of demand

136. [Omitted]

137. Penalty for default in payment of tax

138. Certificate for recovery of tax

139. Method of recovery by Tax Recovery Officer

140. Power of withdrawal of certificate and stay of proceeding

141. Validity of certificate for recovery not open to dispute

142. Recovery of tax through Collector of District

142A. Recovery of tax through Special Magistrates

143. Other modes of recovery

144. Agreement to avoid double taxation

145. Relief in respect of income arising outside Bangladesh

146. Entitlement to refund

147. Claim of refund for deceased or disabled persons

148. Correctness of assessment, etc., not to be questioned

149. Refund on the basis of orders in appeal

150. Form of claim and limitation

151. Interest on delayed refund

152. Adjustment of refund against tax

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

152F. Alternative Dispute Resolution.

152G. Commencement of ADR.

152H. Definition

152I. Application for alternative resolution of disputes.

152II. Stay of proceeding in case of pending appeal or reference at Appellate Tribunal or High Court Division.

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.

152O. Decision of the ADR.

152P. Effect of agreement.

152Q. Limitation for appeal where agreement is not concluded.

152R. Post verification of the agreement.

152S. Bar on suit or prosecution.

153. Appeal against order of Deputy Commissioner of Taxes [and Inspecting Joint Commissioner]

154. Form of appeal and limitation

155. Procedure in appeal before the Appellate Joint Commissioner [or the Commission (Appeals)]

156. Decision in appeal by the Appellate Joint Commissioner [or the Commission (Appeals)]

157. Appeal against order of Tax Recovery Officer

158. Appeal to the Appellate Tribunal

159. Disposal of appeal by the Appellate Tribunal

160. Reference to the High Court Division

161. Decision of the High Court Division

162. Appeal to the Appellate Division

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

169. Sanction for prosecution

169A. Further enquiry and investigation, etc. for prosecution

170. Power to compound offences

171. Trial by Special Judge

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

173. Correction of errors

173A. Place of assessment

174. Appearance by authorised representative

175. Tax to be calculated to nearest taka

176. Receipts to the given

177. Computation of the period of limitation

178. Service of notice

178A. System generated notice, order, etc

178B. Electronic filing, etc

179. Certain errors not to vitiate assessment, etc.

180. Proceeding against companies under liquidation

181. Indemnity

182. Bar of suits and prosecution, etc.

183. Ordinance to have effect pending legislative provision for charge of tax

184. [Omitted]

184A. Requirement of twelve-digit Taxpayer’s Identification Number 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

184BBB. [omitted]

184BBBB. Issuance of Temporary Registration Number (TRN).

184C. Displaying of [twelve-digit] tax payer’s identification number certificate

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.

185. Power to make rules

185A. Power to issue circular, clarification, etc

186. Repeal and savings

187. Removal of difficulties

Schedule

SCHEDULE