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The Finance Ordinance, 1986

( Ordinance NO. XLV OF 1986 )

Amendment of Ord. XXXVI of 1984
10. The following amendments shall be made in the Income Tax Ordinance, 1984 (XXXVI of 1984), namely:-
 
 
 
 
(1) in section 2,-
 
 
 
 
(a) in clause (4), after the figure “3”, the comma and words “, and includes a Senior Appellate Joint Commissioner of Taxes” shall be added;
 
 
 
 
(b) in clause (36), after the figure “3”, the comma and words “, and includes a Senior Inspecting Joint Commissioner of Taxes” shall be added;
 
 
 
 
(c) after clause (59), the following new clause (59A) shall be inserted, namely:-
 
 
 
 
“(59A) “Senior Commissioner” means a person appointed to be a Senior Commissioner of Taxes under section 3;”;
 
 
 
 
(2) in section 3,-
 
 
 
 
(a) after clause (1), the following new clause (1A) shall be inserted, namely:-
 
 
 
 
“(1A) Senior Commissioner of Taxes,”;
 
 
 
 
(b) after clause (3), the following new clause (3A) shall be inserted, namely:-
 
 
 
 
“(3A) Senior Joint Commissioner of Taxes who may be either Senior Appellate Joint Commissioner of Taxes or Senior Inspecting Joint Commissioner of Taxes,”;
 
 
 
 
(3) in section 4(2), after the word “appoint”, the words “a Senior Commissioner of Taxes and” shall be inserted;
 
 
 
 
(4) in section 5(1), after the word “The” at the beginning, the words and comma “Senior Commissioner,” shall be inserted;
 
 
 
 
(5) in section 6(1), for clause (a) the following shall be substituted, namely:-
 
 
 
 
“(a) the Senior Commissioner of Taxes shall perform such functions as may be assigned to him by the Board;
 
 
(aa) the Directors of Inspection shall perform such functions as may be assigned to them by the Board;”;
 
 
 
 
(6) in section 25(1), in clauses (h) and (i), for the word “one-fifth” the word “one-sixth” shall be substituted;
 
 
 
 
(7) in section 32(2),-
 
 
 
 
(a) in clause (ii), sub-clauses (a) and (b) shall be omitted;
 
 
 
 
(b) in the proviso, for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:-
 
 
 
 
“Provided further that where the capital asset became the property of the assessee by succession, inheritance or devolution or under a deed of gift, bequest or will, the actual cost of acquisition of the capital asset to the assessee shall be the fair market value of the property prevailing at the time the assessee became the owner of such property.”;
 
 
 
 
(8) in section 45 (2B) (e), for the words “one hundred and twenty days”, wherever occurring, the words “one hundred and eighty days” shall be substituted;
 
 
 
 
(9) in section 46 (2B) (d), for the words “one hundred and twenty days” the words “one hundred and eighty days” shall be substituted;
 
 
 
 
(10) in section 109, for the words “five thousand taka” the words “fifteen thousand taka” shall be substituted;
 
 
 
 
(11) in section 116,-
 
 
 
 
(a) in sub-section (1), after the word “The”, the words and comma “Senior Commissioner, the” shall be inserted;
 
 
 
 
(b) in sub-section (2), before the words “the Director of Inspection”, the words and comma “the Senior Commissioner,” shall be inserted;
 
 
 
 
(c) in sub-section (3),-
 
 
 
 
(i) after the word “The” at the beginning, the words and comma “Senior Commissioner”, shall be inserted;
 
 
(ii) in the proviso, for the word “Commissioner” at the end the words “Senior Commissioner or Commissioner” shall be substituted;
 
 
 
 
(12) in section 117,-
 
 
 
 
(a) in sub-section (1), after the word “Where” at the beginning, the words “the Senior Commissioner or” shall be inserted;
 
 
 
 
(b) in sub-section (8), -
 
 
 
 
(i) after the words “approval of”, the words “the Senior Commissioner or” shall be inserted;
 
 
 
 
(ii) in the proviso, after the words “Provided that” the words “the Senior Commissioner or” shall be inserted;
 
 
 
 
(13) in section 118(2), after the words “and making such enquiry as”, the words “the Senior Commissioner or” shall be inserted;
 
 
 
 
(14) in section 151, for the word “twelve” the word “fifteen” shall be substituted;
 
 
 
 
(15) in the Third Schedule, in Paragraph 11,-
 
 
 
 
(a) in clause (3), in the proviso, for the words “two lakh taka”, wherever occurring, the words “two lakh fifty thousand taka” shall be substituted; and
 
 
 
 
(b) in clause (6) (a), for the words “two lakh taka” the words “two lakh fifty thousand taka” shall be substituted;
 
 
 
 
(16) in the Sixth Schedule, in Part B, in Paragraph 10, in sub-paragraph (2), for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:-
 
 
 
 
“Provided that the proceeds of the certificates, instruments or securities encashed on maturity shall not be deducted from the amount of investment made by the assessee in the income year”.

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