¹[52. (1) 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 for providing or

rendering a service mentioned in any other section of Chapter VII;

(b) supply of goods;

(c) manufacture, process or conversion;

(d) printing, packaging or binding;

the person responsible for making the payment shall, at the time of making such payment, deduct tax at such rate, not exceeding ten percent (10%) of the base amount, as may be prescribed:

²[Provided that–

³[(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;]

⁴[***]

⁵[(bb) the rate of tax shall be fifty percent (50%) higher if the payee does not receive payment by bank transfer;]

(c) where any imported goods on which tax has been paid at source under section 53 is supplied, tax at source on the said supply shall be B-A, where-

A= the amount of tax paid under section 53,

B= the amount of tax applicable under this section if no tax were paid under section 53.]

⁶[(d) where any goods on which tax has been paid at source under section 53E is supplied, tax at source on the said supply shall be B-A, where-

A = the amount of tax paid under section 53E,

          B = the amount of tax applicable under this section if no tax were paid under section 53E⁷[:

⁸[Provided that in case of the goods supplied by any distributor or any other person under a contract as referred in sub-section (3) of section 53E, the 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%.]

(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 of law in Bangladesh;

(ii) a project, programme or activity where the Government has any financial or operational involvement;

(iii) a joint venture or a consortium;

(iv) a company as defined in clause (20) of section 2 of this Ordinance;

(v) a co-operative bank;

(vi) a co-operative society;

(vii) a financial institution;

(viii) a Non-Government Organisation registered with the NGO Affairs Bureau ⁹[or a Micro Credit Organisation having licence with Micro Credit Regulatory Authority];

(ix) a school, a college, an institute or a university;

(x) a hospital, a clinic or a diagnostic centre;

(xi) a trust or a fund;

(xii) a firm;

¹⁰[(xiia) an association of persons;]

(xiii) a public-private partnership;

(xiv) a foreign contractor, a foreign enterprise or an association or a body established outside Bangladesh; ¹¹[***]

¹²[(xv) any e-commerce platform, not being any other specified persons, called by whatever name having annual turnover exceeding Taka one crore; ¹³[***]

¹⁴[(xvi) hotel, resort, community center and transport agency having annual turnover exceeding Taka one crore;]

¹⁵[(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

(iii) payment;

(d) “payment” includes a transfer, a credit or an adjustment of payment ¹⁶[or an order or instruction of making payment].]