1. (1) This Order may be called the Finance Order, 1972. (2) It extends to the whole of Bangladesh. (3) Except as otherwise provided in this Order, this Article and Articles 2 and 3, clause (11) of Article 4 shall come into force at once and other Articles shall be deemed to have come into force on the first day of July, 1972.

2. The amendments set out in the First Schedule to this Order shall be made in the Tariff Act, 1934.

3. The following amendment shall be made in the Central Excises and Salt Act, 1944 (Act I of 1944), namely:- (1) Except where the context otherwise requires, references to “Pakistan”, “Central Government”, “Provincial Government”, “Central Board of Revenue” and “Central Excise Officer” wherever occurring in the said Act shall be replaced by references to “Bangladesh”, “Government of Bangladesh”, “Government of Bangladesh”, National Board of Revenue” and “National Excise Officer” respectively. (2) For the First Schedule, the schedule set out in the Second Schedule to this Order shall be substituted.

4. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:-

(1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substitute on the sixteenth day of December, 1971;

(2) in section 2,-

(a) for clause (4B) the following shall be substituted, namely:-

“(4B). “the National Board of Revenue” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and

(b) in clause (6A), in the second proviso for the words, figures and letters “Section 12 or section 15BB” the words and figure “or section 12” shall be substituted;

(3) in section 4,-

(a) in sub-section (1), in Explanation 3, the words and figures “or section 15BB” shall be omitted; and

(b) in sub-section (3),-

(i) clause (XV) shall be omitted;

(ii) for clause (xvii) the following shall be substituted, namely:-

“(xvii) Any income, not exceeding taka five thousand, chargeable under the head 'interest on securities' received by an assessee, being an individual, from interest on any securities of the Government”; and

(iii) in clause (xviii), in the proviso, the words, brackets and figure “clause (xv) and” shall be omitted;

(4) in section 5A, in sub-section (4), the word “ordinarily” shall be omitted;

(5) in section 7, in sub-section (1), in the fourth proviso, for the words “three hundred and sixty” the words “six hundred” and for the words “two hundred and forty” the words “three hundred and sixty” shall be substituted;

(6) in section 10,-

(1) in sub-section (2),-

(a) in clause (iii), the second proviso shall be omitted; and

(b) in clause (va), in Explanation, for paragraph (1) the following shall be substituted, namely:-

“(1) “specified year“ means the year immediately following the year in which industrial undertaking was set-up; and”; and

(2) in sub-section (9), the proviso shall be omitted;

(7) section 15BB shall be omitted;

(8) in section 15D, in sub-section (1), in the second proviso, the words and commas “not being a donation to the Quaid-E-Azam Memorial Fund,” shall be omitted;

(9) in section 15H, for the word “one” the word “two” shall be substituted';

(10) in section 30, in sub-section (1), for the existing third proviso the following shall be substituted and shall be deemed to have been so substituted on the first day of July, 1971, namely:

“Provided further that no appeal shall be filed under this section in respect of any order in any case where the said order has been passed by an Inspecting Assistant Commissioner of Income-tax exercising the powers conferred on an Income-tax Officer under sub-section (5) of section 5,”;

(11) in section 34, in sub-section (2), in the proviso in clause (1),

(a) in sub-clause (b), the word “and” appearing after the semi-colon shall be omitted;

(b) in sub-clause (c), after the semi-colon the word “and” shall be substituted.”

(c) after the sub-clause (c), amended as aforesaid, the following new sub-clause (d) shall be added, namely:-

“(d) in relation to the income, profits or gains which were first assessable in the year 1967-68, the words “five years” were substituted”.;

(12) in section 66, in sub-section (1), the words “in the prescribed form” shall be omitted and shall be deemed to have been so omitted on the 1st day of July, 1971 and for the word “rupees” the word “taka” shall be substituted; and

(13) in the Third Schedule, Rule 6 shall be omitted.

5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971; (2) in section 2, in clause (3), for the words, figure and commas “Central Board of Revenue constituted under the Central Board of Revenue Act, 1924,” the words, figure and commas “National Board of Revenue constituted under the National Board of Revenue Order, 1972,” shall be substituted; and (3) in section 59A, in sub-section (1), the words “in the prescribed form” shall be omitted and shall be deemed to have been so omitted on the 1st day of July, 1971.

6. The following amendments shall be made in the Sales-tax Act, 1951 (III of 1951), namely:- (1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971; (2) in section 2, for clause (3a) the following shall be substituted, namely:- “(3a) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and (3) in section 17, in sub-section (1), the words “in the prescribed form” shall be omitted and shall be deemed to have been so omitted on the 1st day of July, 1971.

7. The following amendments shall be made in the Gift Tax Act, 1963 (XIV of 1963), namely:-(1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971;(2) in section 2, for clause (v) the following shall be substituted, namely:-“(v) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and(3) in section 26, in sub-section (1), the words “in the prescribed form” shall be omitted.

8. The following amendments shall be made in the Wealth Tax Act, 1963 (XV of 1963), namely:-(1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971;(2) in section 2, for clause (f) the following shall be substituted, namely:-“(f) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and(3) in section 27, in sub-section (1), the words “in the prescribed form” shall be omitted.

9. (1) Subject to the provisions of subsections (2), (3), (4), and (5) in making any assessment for the year beginning on the first day of July, 1972- (a) income-tax shall be charged at the rates specified in Part I of the Third Schedule, and (b) the rates of super-tax shall, for the purposes of section 55 of the Income-Tax Act, 1922 (XI of 1922), be those specified in Part II of the Third Schedule. (2) In making any assessment for the year beginning on the first day of July, 1972,- (a) Where the total income of an assessee, not being a company, includes any income chargeable under the head “salaries” or any income chargeable under the head “interest securities”, the income-tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income-tax payable according to the rates applicable under the operation of the Finance (1971-72) Order, 1972, on his total income the same proportion as the amount of such inclusion bears to his total income; (b) Where the total income of a Company includes any profits and gains from life insurance business, the super-tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion; and (c) Where the total income of an assessee, not being a company, include any profits and gains from life insurance business, the income-tax and super-tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of such taxes payable on his total income according to rates applicable under the operation of the Finance Act, 1942 (XII of 1942), the same proportion as the amount of such inclusion bears to his total income so however that the aggregate of the taxes, so computed in respect of such inclusion shall not, in any case, exceed the amount of tax payable on such inclusion at the rate of 30 per cent. (3) In making any assessment for the year beginning on the first day of July, 1972, where the assessee is a co-operative society, the tax shall be payable at the rates specified in paragraph A of Part I, or paragraph B of Part I and paragraph A of Part II of the Third Schedule as if the assessee were a company to which the proviso to sub-paragraph (1) of paragraph A of the said Part II applied, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purposes of this sub-section, the amount of income-tax at the rates specified in paragraph A of Part I of the Third Schedule, no deduction in respect of any allowance or sums referred to in clause (i) of the proviso to the said paragraph shall be made. (4) (a) In making any assessment for the year beginning on the first day of July, 1972, where the total income of an assessee, not being a company, to which the proviso to sub-paragraph (i) of paragraph A of Part II of the Third Schedule does not apply, includes any profits and gains derived from the export of goods out of Bangladesh, income-tax and super-tax, if any, payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c) be reduced by an amount computed in the manner specified hereunder:-

Amount

(i) Where the goods exported abroad had not been manufactured by the assessee who exported them.	..	15 per cent of the income-tax and super-tax, if any, attributable to export sales.
(a)   and where the export sales during the relevant year exceed the export sales of the preceding year.	..	Plus an additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year, subject to an overall maximum of 25 per cent
(b)  and where the export sales during the relevant year do not exceed the export sales of the preceding year.	..	Minus 1 per cent for every decrease of 10 per cent in export sales over those of the preceding year, subject to an overall minimum of 10 per cent
(ii) Where the goods exported had been manufactured by assessee who had exported them :	..
(a)   Where the export sales do not exceed 10 per cent of the total sales.	..	Nil.
(b)   Where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales.	..	15 per cent of the income-tax and super-tax, if any, attributable to export sales.
(c)   Where the export sales exceed 20 per cent but do not exceed 30 per cent of the total sales.	..	20 per cent of the income-tax and super-tax, if any, attributable to export sales.
(d)   Where the export sales exceed 30 per cent of the total sales.		25 per cent of the income-tax and super-tax, if any, attributable to export sales.
Provided that in the case of a registered firm super-tax payable by it under paragraph C of part II of the Third Schedule shall be reduced under this clause by an amount calculated on the basis of the income-tax payable on its total income under paragraph A of part I had it been the total income of an unregistered firm;   (b)   Nothing contained in clause (a) shall apply in respect of the following goods or class or goods, namely :   (i)    tea,   (ii)   raw cotton,   (iii) raw jute,   (iv) jute manufacture,   (v)   such other goods as may be notified by the National Board of Revenue from time to time;   (c)   The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section.               (5) In cases to which section 17 of the Income-tax Act, 1922 (XI of 1922) applies, the tax chargeable shall be determined as provided in that section, but with reference to the rates imposed by sub-section (1), and in accordance, where applicable, with the provisions of sub-section (2).               (6) For the purposes of making deduction of tax under section 18, the rates specified in part I and part II of the Third schedule shall apply as respects the year beginning on the first day of July, 1972 and ending on the thirtieth day of June, 1973.               (7) For the purposes of this section and of the rates of tax imposed thereby, the expression “total income” means total income as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with provisions of the Income-tax Act, 1922 (XI of 1922); and the expression “public company” means a company-   (i)    in which not less than fifty per cent of the shares are held by the Government, or (ii)           whose shares were the subject of dealings in a registered stock exchange in the taxable territories at any time during the previous year and remained listed on the stock exchange till the close of that year.
	..

 

10. Surcharge under the Income Tax Act, 1922 (XI of 1922), shall be charged as respects any assessment for the year beginning on the first day of July, 1972, at the rate of ten per cent of the income-tax and super-tax payable by an assessee, not being a company, having total income, profits or gains exceeding Taka thirty-six thousand provided that the surcharge payable shall in no case exceed the amount by which the total income, profits or gains exceed Taka thirty-six thousand.

11. Notwithstanding any exemption from payment of income-tax and super-tax granted to or any rights or privileges acquired by an industrial undertaking under section 15BB, since omitted under this Order, of the Income Tax Act, 1922 (XI of 1922), as respects any income, profits and gains of any previous year ending on any day after the thirtieth day of June, 1971 and of any previous year thereafter, such exemption, rights or privileges shall stand withdrawn or cancelled, as the case may be.

12. (1) During the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected a toll on every mechanically propelled vessel registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), plying on inland waters at the rate specified below, namely:-

Description of vessels.	Rate of Toll.
(a) Vessels for carrying passengers for hire	On the maximum registered passenger carrying capacity at the rate of Taka ten per passenger.
(b) Vessels for carrying cargo	Taka two per ton on the maximum registered cargo carrying capacity.
(c) Other vessels and crafts	Taka ten per brake horse power or fraction thereof:
Provided that if a vessel remains idle for breakdown of engine or otherwise for a continuous period exceeding three months in the year, toll payable shall be reduced in such proportion as the period or the aggregate of such periods for which the vessel remained idle bears to the year for which the toll is payable, subject to the condition that the owner of the vessel shall give a notice to the Assessing Officer within 15 days from the first day the vessel remained idle, failing which he shall not be entitled to any relief on account of the idle period:  Provided further that the vessels owned by Government shall be exempt from payment of toll under this clause. Explanation I- Vessels carrying both passengers and cargo shall be charged on the total of the maximum registered carrying capacity of passengers and cargo at the rate specified in sub-clauses (a) and (b).  Explanation II- For the purpose of sub-clause (c) one nominal horse power will be calculated as equivalent to 5.65 brake horse power.  Explanation III- Where there are more than one maximum registered passenger carrying capacity, the maximum registered passengers carrying capacity shall mean the highest one.  (2) The toll shall be payable by the owner or charterer of the vessel.  (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and other matters incidental to its levy.  Explanation - In this Article and in Article 13 and 16 "mechanically propelled vessel" and "inland water" have the same meaning as in the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917).

13. (1) During the period from that 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected on fares and freights charged for transport by mechanically propelled vessels registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), plying on inland waters, a toll according to the scale specified in the Fourth Schedule to this Order. (2) The toll shall be collected by the owner of the charterer of the vessel and paid to the Government. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.

14. (1) Notwithstanding anything contained in the Bengal Motor Vehicles Tax Act, 1932 (I of 1932), during the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected a toll on every motor vehicle carrying goods by road on freights according to the rate specified below, namely:-

Amount

Description of motor vehicles.	Rate of toll.
(i)      Motor vehicles of registered goods carrying capacity not exceeding 3 tons.	Taka 100 annually.
(ii)     Motor vehicles of registered goods carrying capacity exceeding 3 tons but not exceeding 5 tons.	Taka 200 annually.
(iii)    Motor vehicles of any registered goods carrying capacity exceeding 5 tons.	Taka 300 annually.

Explanation - For the purpose of levying the toll, less than half of a ton shall be ignored and half of a ton or above shall be treated as one ton.
(2) The toll shall be payable by the owner of the motor vehicle.
(3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.

15. (1) Notwithstanding anything contained in the Bengal Motor Vehicles Tax Act, 1932 (I of 1932), during the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected a toll on motor vehicles carrying goods by road, other than on freights, at the rate of Taka twenty-five per annum per ton of registered goods carrying capacity or fraction thereof: Provided that the motor vehicles owned by the Government shall be exempt from payment of toll under this clause. Explanation - For the purpose of levying the toll, less than half of a ton shall be ignored and half of a ton or above shall be treated as one ton. (2) The toll shall be payable by the owner of the motor vehicle. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.

16. Notwithstanding anything contained in the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), or the Motor Vehicles Act, 1939 (IV of 1939), an application for the renewal of a certificate of survey in the case of a mechanically propelled vessel or for the renewal of a certificate of fitness in the case of a motor vehicle shall not be allowed unless it is accompanied by a certificate in the prescribed manner to the effect that no arrear toll in respect of any such mechanically propelled vessel or motor vehicle is due under this Order.

17. In the East Bengal Finance Act, 1950 (XVI of 1950), in section 3, for sub-section (1), the following shall be substituted, namely:-

“(1) As from the first day of July, 1972, there shall be levied and collected by the Government from the following classes of persons a tax for each financial year at the rate shown against each in addition to any tax, rate, duty or fee which they may be liable to pay under any other enactment for the time being in force, namely:-

(a) Companies, not being registered co-operative societies, transacting business anywhere in Bangladesh-

Rates

(i) Where the paid-up capital exceeds Taka 1,00,000 but does not exceed Taka 5,00,000.	Taka 500
(ii) Where the paid-up capital exceeds Taka 5,00,000 but does not exceed Taka 10,00,000.	Taka 1,000
(iii) Where the paid-up capital exceeds Taka 10,00,000.	Taka 1,000 plus Taka 250 for every Taka 5,00,000 or fraction thereof in excess of Taka 10,00,000.
Explanation - The expression "company" as used in this clause means a company as defined in the Companies Act, 1913 (VII of 1913).   (b) Persons owing factories situated anywhere in Bangladesh-
	Rates.
(i) Where the number of workers employed in the factory exceeds 30 but does not exceed 50. (ii) Where the number of workers employed in the factory exceeds 50 but does not exceed 70. (iii) Where the number of workers employed in the factory exceeds 70 but does not exceed 100. (iv) Where the number of workers employed in the factory exceeds 100.	Taka 500   Taka 1,000 Taka 1,500   Taka 2,500
Explanation - The expression "factory" and "worker", as used in this clause mean "factory" and "worker" as defined in the East Pakistan Factories Act, 1965 (IV of 1965).   (c) Medical practitioners registered to practice in allopathic, homeopathic, unani or ayurvedic system of medicine, income-tax practitioners and legal practitioners, of not less than two years standing-Taka 50.
(d) Persons holding licences under the Imports and Exports (Control) Act, 1950 (XXX of 1950), clearing agents licensed or approved as custom house agents, engineering or architectural consultants, contractors supplying goods, commodities and services to Government or local bodies-Taka 50.   (e) Persons doing any business of sale of goods and services in hired, self-owned, allotted or assigned premises in municipal areas or such other areas as the Government may, be notification in the official Gazette, specify-Taka 50 :   Provided that no tax shall be leviable where the annual rental or rental value of the business premises does not exceed Taka 600.   (f) Persons not liable to tax under clauses (a) , (b), (c), (d), or (e) who in the preceding financial year were assessed to income-tax under the Income-tax Act, 1922 (XI of 1922), in respect of earnings of or income from any profession, trade, calling or employment as the case may be, pursued either wholly or in part within Bangladesh or who in the preceding financial year were assessed to agricultural income-tax under the Bengal Agricultural Income Tax Act, 1944 (IV of 1944)-Taka 50 :   Provided that where a person is liable to tax under more than one clause he shall be assessed to tax at the rate which is the highest under any of the clauses."

18. (1) In the East Pakistan Finance Act, 1957 (X of 1957), in section 2, in sub-section (1) for the word “five” the word “ten” shall be substituted. (2) During the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), section 6 of the East Pakistan Finance Act, 1957 (X of 1957), shall have effect as if in sub-section (1) of the said section 6 for the word and figure “annas 2” the word and figures “Taka 2.00” were substituted.

19. The rules made under the provisions of the East Pakistan Finance Act, 1957 (X of 1957), shall, so far as they are not inconsistent with the provisions of this Order, be deemed to be rules under the corresponding provisions of this Order.

20. In the East Pakistan Urban Immovable Property Tax Act, 1957 (XI of 1957)- (1) Sub-section (2) of section 3 of the East Pakistan Urban Immovable Property Tax Act, 1957 (XI of 1957), shall be deleted and sub-section (1) of that section shall be renumbered as section 3. (2) in section 6, after clause (e), the following shall be inserted as clause (f), namely:- “(f) Power houses and lands on which they are situate vesting in or belonging to the Bangladesh Water and Power Development Authority;” (3) the existing clauses “(f)” and “(g)” shall be renumbered as clauses “(g)” and “(h)” respectively; (4) in section 6, in clause (h) as so renumbered for the word and figures “Rs. 1,000” the word and figures “Taka 1,500” shall be substituted; (5) After section 6, the following new section 6A shall be inserted, namely:- “6A. General Power of Exemption-The Government may, by notification in the official Gazette, exempt, either wholly or in part, from the payment of any tax imposed under the Act, any person or class of persons or any property or class of property”; and (6) For the Schedule to the Act, the following shall be substituted, namely:-

“THE SCHEDULE [Vide Section 3]
	Rate of tax
(a)     On the first Taka 1,000 of the annual value.	Nil.
(b)     On the next Taka 2,000 of the annual value.	3 per centum.

(c)     On the next Taka 2,000 of the annual value.	5 per centum.
(d)     On the next Taka 3,000 of the annual value.	7½ per centum.
(e)     On the balance of the total annual value.	10 per centum.”

 

21. In the East Pakistan Finance Act, 1966 (III of 1966), in section 5, for sub-section (3), the following shall be substituted, namely:- “(3) The tax shall be levied according to the scale specified below:-

Amount of capital gain.		Rate of tax.
For the first Taka 3,000	...    ...	Nil
For the next Taka 2,000	...    ...	5%
For the next Taka 5,000	...    ...	7%
For the next Taka 10,000	...    ...	9%
For the next Taka 10,000	...    ...	12%
For the next Taka 20,000	...    ...	15%
For the next Taka 20,000	...    ...	20%
For the balance  ...	...    ...	30%

22. If a person, on whom a tax is levied or who is responsible for the collection and payment of any tax or toll under this Order, fails to pay the tax or toll or fails to collect and pay the tax or the toll as provided in this Order and the rules made thereunder he shall be liable to a penalty not exceeding the amount of the tax or toll payable.

23. A tax or toll leviable under any provision of this Order or any penalty imposed thereunder shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913 (III of 1913).

24. No suit shall lie in any Civil Court to set aside or modify any assessment of tax or toll made under this Order and the rules made thereunder.

25. No suit, prosecution or legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Order or the rules made thereunder.

26. (1) Section 6 of the East Pakistan Finance Act, 1966 (III of 1966), providing for levy of tax on hotels, in hereby repealed. (2) Notwithstanding such repeal, any direction issued or action taken or order passed or proceeding commenced or right accrued or liability incurred under any provision of the said section shall continue in force.

27. (1) Articles 12, 13, 15, 16, 17, 19, 20, 21, 22, and 23 of the Finance (1971-72) Order, 1972 (President's Order No. 52 of 1972), are hereby repealed. (2) Notwithstanding such repeal, any direction issued or action taken or order passed or proceeding commenced or right accrued or liability incurred under any provision of the said Order shall continue in force and shall be deemed to have been issued, taken, passed, commenced, accrued or incurred, as the case may be, under the corresponding provision of this Order.