WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purposes herein-after appearing;
NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-
(1) Where the total income does not exceed Taka 30,000. |
[At the rate of 40 per cent of total income.] |
(2) Where the total income exceeds Taka 30,000 but does not exceed Taka 50,000. |
Taka 12,000 plus 30 per cent of the amount exceeding Taka 30,000. |
(3) Where the total income exceeds Taka 50,000, but does not exceed Taka 70,000. |
Taka 18,000 plus 20 per cent of the amount exceeding Taka 50,000. |
(4) Where the total income exceeds Taka 70,000, but does not exceed Taka 1,00,000. |
Taka 22,000 plus 10 per cent of the amount exceeding Taka 70,000. |
(5) Where the total income exceeds Taka 1,00,000, |
Taka 25,000.”; |
(c) in sub-section (4), the words, brackets, figures and letter “or sub-section (3A)” twice occurring shall be omitted; |
(8) in section 15BB,- |
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(a) in section (4B), clause (ii) shall be omitted; and |
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(b) after sub-section (4B), the following new sub-section (4C) shall be inserted, namely:- |
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“(4C) Nothing contained in sub-section (1), sub-section (4) and sub-section (4A) shall apply to the income, profits and gains of any previous year ending at any time after the thirtieth day of June, 1970, and before the first day of July, 1971; and such income, profits and gains, computed in accordance with the provisions of sub-section (3) of clause (c) of sub-section (4A), as the case may be, shall be subjected to tax in accordance with other provisions of this Act: | ||||||||||||||||||||||||||||||||||||
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The words, brackets, figure and full stop “in clause (b) of rule 2.” were substituted for the words, brackets, figure and full stop “in clause (b) of rule.” by Article 3 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972). |
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5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:-
(1) in section 2, after clause (17A), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:-
“(17AA) ÔÇÿtaxable territories' has the 3[same] meaning assigned to that expression by clause (14AA) of section 2 of the Income-tax Act, 1922;”;
(2) in section 25A,-
(a) in clause (1), in the proviso, for the words “two lac Taka” the words “one lac Taka” shall be substituted;
(b) in clause (3), the provisos shall be omitted;
(c) clause (7) shall be omitted; and
(d) clause (11) shall be omitted;
(3) for section 55, the following shall be substituted, namely:-
“55. (1) If any person fails to comply with any of the provisions of section 53 or section 54 without reasonable cause, he shall be liable to pay by way of penalty a sum not exceeding one thousand taka and, in case of a continuing default, a further sum not exceeding fifty taka for every day during which the default continues.
(2) No order shall be made under sub-section (1) unless the person has been given a reasonable opportunity of being heard.”;
(4) in section 57, for the words and commas “, as the case may be,” the words, brackets, figures and comma “under sub-section (3) of section 58, or” shall be substituted;
(5) for section 58 the following shall be substituted, namely:-
“58. (1) Upon the delivery of the account under section 53 or section 56, the person delivering it shall pay to the Controller the estate duty, if any, payable in respect of the property included in the account unless the time for payment is extended by the Controller, in which case a security to the satisfaction of the Controller shall be furnished.
(2) Where any payment is made or the time for payment is extended under sub-section (1) the Controller shall grant a certificate that the estate duty referred to therein has been paid or will be paid or that no such estate duty is due, as the case may be.
(3) The Controller may at any time after the delivery of the account proceed to make in a summary manner a provisional assessment of the estate duty payable on the basis of such account.
(4) After a regular assessment has been made, any amount paid towards the provisional assessment made under sub-section (3) shall be deemed to have been paid towards the regular assessment.
(5) There shall be no right of appeal against a provisional assessment made under sub-section (3).”;
(6) in section 58E, in the second proviso, for the words “a reference” the words “an application” shall be substituted;
(7) in section 59A,-
(a) for sub-sections (1), (2), (3), (4) and (5) the following shall be substituted, namely:-
“(1) Within ninety days of the date upon which he is served with an order under sub-section (3) of section 59, the person accountable or the Controller may present an application in the prescribed form and, where the application is made by the accountable person, accompanied by a fee of one hundred Taka, to the High Court referring any question of law arising out of such order.
(2) An application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the High Court is satisfied that there was sufficient cause for not presenting it within the said period.
(3) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such document is in any language other than English, also by a translation thereof in English, namely:-
(a) Certified copy, in triplicate, of the order of the Appellate Tribunal out of which question of law has arisen;
(b) Certified copy, in triplicate, of the order of the Controller which was subject-matter of appeal before the Appellate Tribunal; and
(c) Certified copy, in triplicate, of any other document, the contents of which are relevant to the question of law formulated in the application and which was produced before the Controller 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 clause (b).
(4) Where the accountable person is the applicant, the Controller shall be made a respondent and where the Controller is the applicant, the accountable person shall be made a respondent:
Provided that where an accountable person dies or is adjudicated insolvent the application shall not abate and may, if the accountable person was the applicant, be continued by, and if he was the respondent be continued against, the executor, administrator or other legal representative of the accountable person, or by or against the receiver.
4[(5) On receipt of 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 or the Appellate Tribunal and if the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular 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 (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Controller 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 clause (b) of sub-section (1).]”; and
(b) sub-section (6) shall be omitted;
(c) in sub-section (7) the words “or the Supreme Court” shall be omitted;
(d) in sub-section (8) the words “or to the Supreme Court” shall be omitted;
(e) in sub-section (9) the words “or to the Supreme Court” shall be omitted;
(f) after sub-section (10), the following new sub-section shall be added, namely:-
“(11) Section 5 of the Limitation Act, 1908, shall apply to an application to the High Court under this Section.
(12) Any application made to the Appellate Tribunal or any question of Law referred to the High Court by the Appellate Tribunal before the first day of July, 1971 shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972 had not come into force.”
(8) in section 59B,-
(a) in sub-section (1), for the words “a case has been stated”, the words “an application has been made” shall be substituted;
(b) in sub-section (2), for the words “a case stated” the words “an application made” shall be substituted;
(9) after section 66A, the following new section shall be added, namely:-
“66B. (1) An accountable person may 5[offer] in writing to surrender property in lieu of the estate duty payable under the Act at the valuation determined by the Controller.
(2) When such an offer is made the Controller shall intimate the other accountable persons, if any, about such an offer and if all of them agree in writing to the surrender of such property in lieu of the estate duty, the Controller will accept the same.
(3) The Board may prescribe the procedure for the surrender of such property and for the sale thereof.”
(10) in section 75, in sub-section (2), the words “consisting of agricultural land” shall be omitted.
(11) for the Schedule the following shall be substituted, namely:-
“SCHEDULE [See Section 4]
Rates of Estate Duty
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6. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:-
(1) in section 2, after clause (18A), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:-
“(18AA) 'taxable territories' has the same meaning assigned to that expression by clause (14AA) of section 2 of Income-tax Act, 1922;”;
(2) in section 17,-
(a) for sub-sections (1), (2), (3) and (4) the following shall be substituted, namely:-
“(1) Within sixty days of the date on which he is served with notice of an order under sub-section (6) of section 15, the assessee or the Commissioner may, by application in the prescribed form, accompanied, where the application is made by the assessee, by a fee o one hundred taka refer to the High Court any question of law arising out of such order.
(2) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such document is in any language other than English also by a translation thereof in English, namely:-
(a) Certified copy, in triplicate, of the order of the Appellate Tribunal out of which the question of law has arisen;
(b) Certified copy, in triplicate, of the order of the Sales Tax Officer, the Inspecting Assistant Commissioner of Sales Tax, the Appellate Assistant Commissioner of Sales Tax, as the case may be, which was subject-matter of appeal before the Appellate Tribunal;
6[(c) Certified copy, in triplicate, of any other document the contents of which are relevant to the question of law formulated in the application and which was produced before the Sales Tax Officer, the Appellate Assistant Commissioner of Sales Tax, the Inspecting Assistant Commissioner of Sales Tax or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to the order referred to in clause (a) or clause (b);]
(3) Where the assessee is the applicant, the Commissioner shall be made a respondent and where the Commissioner is the applicant, the assessee shall be made a respondent :
Provided that where an assessee dies or is adjudicated insolvent or is succeeded by another person or is a company which is being wound up, the application shall not abate and may, if the assessee was the applicant, be continued by, and if he was the respondent, be continued against, the executor, administrator or successor or other legal representative of the assessee, or by or against the liquidator or receiver, as the case may be.
(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 or law formulated by the applicant arises out of the order of the Appellate Tribunal. If the question formulated by the applicant is, in the opinion of the respondent defective, the reply shall state in what particular 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 (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Sales Tax Officer, the Inspecting Assistant Commissioner of Sales Tax, the Appellate Assistant Commissioner of Sales Tax, the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b) of sub-section (1).”; and
(b) in sub-section (5), for the words “case stated” the words “such application” shall be substituted;
(c) in sub-section (8), the comma, words, brackets and figures, “sub-section (2) or sub-section (3)” shall be omitted; and
(d) after sub-section (8) amended as aforesaid, a new sub-section (9) shall be added, namely:-
“(9) Any application made to the Appellate Tribunal or any question of law referred to the High Court by the Appellate Tribunal before the first day of July, 1971, shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972, had not come into force.”;
(3) in section 28, in sub-section (1), for the word “five” the word “six” shall be substituted.
18. (1) For section 3 of the Bengal Amusements Tax Act, (V of 1922), the following shall be substituted, namely:-
“Tax on payments for admission to entertainments. 3. Except as otherwise expressly provided in this Act, there shall be charged, levied and paid to the Government a tax, hereinafter referred to as the entertainments tax, at the following rates:-
Rate of tax
(i) When the payment for admission to an entertainment does not exceed 19 paisa. Nil.
(ii) When the payment for admission to an entertainment exceeds 19 paisa but does not exceed Rs. 1. 75 per cent of such payment.
(iii) When the payment for admission to an entertainment exceeds Rs. 1 but does not exceed Rs. 2. 100 per cent of such payment.
(iv) When the payment for admission to an entertainment exceeds Rs. 2. 125 per cent of such payment:
Provided that where the proprietor of an entertainment admits any person to any place of entertainment as a spectator or as an audience for the purpose of amusement by taking part in it without any payment or on payment of an amount less than the amount normally charged for admission thereto, the entertainments tax, at the aforesaid rates, shall nevertheless be charged, levied and paid to the Government on the amount which would have been normally charged for such admission.
Explanation- For the purpose of this proviso, in case there are different classes of seats in an entertainment 'place of entertainment' means the class to which such person is admitted.”.