THE INCOME TAX ORDINANCE, 1984, PART 8

RETURN AND STATEMENT

  1. Return of income.- (1) Save as provided in section 76, every person shall file or cause to be filed, with the Deputy Commissioner of Taxes, a return of his income or the income of any other person in respect of which he is assessable to tax under this Ordinance,-
  • if his total income during the income year exceeded the maximum amount which is not chargeable to tax under this Ordinance, or
  • if he was assessed to tax for any one of the [1][three years] immediately preceding that income year:

2[Provided that any non-resident Bangladeshi may file his return of income along with bank draft equivalent to the tax liability, if any, on the basis of such return, to his nearest Bangladesh mission and the mission will issue a receipt of such return with official seal and send the return to the Board.]

3[(1A) Where a person is not required to file a return of income under sub­section (1), he shall file a return of his income during the income year, on or before the date specified in clause (c) of sub-section (2), if he-

  • resides within the limits of a city corporation or a paurashava or a divisional headquarters or district headquarters and who at any time during the relevant income year fulfills any of the following conditions, namely:-

4[(i) ***]

(ii) owns a motor car;

5[(iii) ***]

  • owns a membership of a club registered under gj mswtRb Ki AtBb, 1991 (1991 mbi AtBb).
  • runs any business or profession having trade license from a city corporation, a paurashava or a union parishad, and operates a bank account;
  • has registered with a recognized professional body as a doctor, dentist, lawyer, income tax practitioner , chartered accountant, cost and management accountant , engineer, architect or surveyor or any other similar profession;
  • member of a chamber of commerce and industries or a trade association;
  • is a candidate for an office of any [2][***] paurashava, city corporation, or a Member of Parliament;
  • participates in a tender floated by the government, semi­government, autonomous body or a local authority;

2[(g)***]

3[(h) any non-government organisation registered with NGO Affairs Bureau.]

Explanation.- In this sub-section, the term “motor car” means a motor car as defined in clause (25) of section 2 of the Motor Vehicles Ordinance 1983 (LV of 1983) and includes a jeep and a micro-bus.]

4[(1B) Notwithstanding anything contained in sub-section (1) and (1A), every company shall file a return of its income or the income of any other person for whom the company is assessable, on or before the date specified in clause (c) of sub-section (2);]

  • The return under sub-section [3][(1), (1A) and (1B) shall be-
  • furnished in the prescribed form setting forth therein such particulars and information as may be required thereby including the total income of the assessee;
  • signed and verified-
  • in the case of an individual, by the individual himself ; where the individual is absent from Bangladesh, by the individual concerned or by some person duly authorised by him in this behalf; and when the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf ;
  • in the case of Hindu undivided family, by the Karta, and, where the Karta is absent from Bangladesh or is mentally incapacitated from attending to his affairs, by any other adult member of such family ;
  • in the case of a company or local authority, by the principal officer thereof ;
  • in the case of a firm, by any partner thereof, not being a minor;
  • in the case of any other association, by any member of the association or the principal officer thereof ; and
  • in the case of any other person, by that person or by some person competent to act on his behalf;
  • filed, unless the date is extended under sub-section (3),-
  • in the case of a company, by the fifteenth day of July next following the income year or, where the fifteenth day of July falls before the expiry of six months from the end of the income year, before the expiry of such six months; and [4] 1 [(ii) in all other cases, by the thirtieth day of September next following the income year:

Provided that an individual being Government official engaged in higher education on deputation or employed under lien outside Bangladesh shall file return or returns for the period of such deputation or lien, at a time, within three months from the date of his return to Bangladesh; and]

2[(d) accompanied by-

3[(i) in the case of individual, a statement in the prescribed form and verified in the prescribed manner giving particulars of his life style] 4[:

Provided that an individual, not being a shareholder director of a company, having income from salary or income not exceeding three lakh taka from business or profession may opt not to submit such statement;]

  • in the case of an individual 5[***], a statement in the prescribed form and verified in the prescribed manner giving particulars specified in section 80 in respect of himself, his spouse, his minor children and dependants;

6[(iii) In the case of a company, an audited statement of accounts and where the profit or loss of a business is different from profit or loss disclosed in the return of income in accordance with the provision of this Ordinance, a computation sheet showing how the income shown in the return is arrived at on the basis of profit and loss account.]] 1

  • The last date for the submission of return as specified in sub-section (2) may be extended by the Deputy Commissioner of Taxes in respect of any person or class of persons:

1[.Provided that the Deputy Commissioner of Taxes may extend the date upto three months from the date so specified and he may further extend the date upto three months with the approval of the Inspecting Joint Commissioner [5] [6][.(Proviso) ***]

3[75A. Return of withholding tax.- (1) Every person, being a company, shall file or cause to be filed, with the Deputy Commissioner of Taxes where he is being assessed, a return of withholding tax collected or deducted as per provisions of Chapter VII of this Ordinance.

  • The return under sub-section (1) shall be-
  • furnished in the prescribed form setting forth therein such particulars and information as may be required thereby;
  • signed and verified by the principal officer thereof;
  • filed quarterly, unless the date is extended under sub-section (3), by the fifteenth day of October, January, April and July of the financial year for which the tax is deducted or collected;
  • accompanied by a statement of deduction or collection of tax along with copy of treasury challans or payment orders.
  • The last date for the submission of return as specified in sub-section (2) may be extended by the Deputy Commissioner of Taxes upto fifteen days from the date so specified.

1[(4) Where the Deputy Commissioner of Taxes, after examining the return submitted under this section, finds any person, required by or under the provisions of chapter VII of this Ordinance to deduct, collect or pay to the credit of the Government tax, has failed so to deduct, collect or pay, shall deem such person an assessee in default under sub-section (1) of section 57.]

75B. Obligation to furnish Annual Information Return.- (1) Government may, by notification in the official gazette, require any person or group of persons responsible for registering or maintaining books of account or other documents containing a record of any specified financial transaction, under any law for the time being in force, to furnish an Annual Information Return, in respect of such specified financial transaction.

  • The Annual Information Return referred to in sub-section (1) shall be furnished to the Board or any other income tax authority or agency, in such form, manner and within such time as may be prescribed.

75C. Concurrent jurisdiction.- Board may, by general or a special order in writing, direct that in respect of all or any proceedings relating to receiving of return of income and issuance of acknowledgement thereof in accordance with the provisions of section 75, 77, 78, 89(2), 91(3) or 93(1), the powers and functions of the Deputy Commissioner of Taxes shall be concurrently exercised by such other authority as may be specified by the Board.]

  1. Certificate in place of return.- Where the entire total income of an assessee during the income year consisted of income classifiable under the head “Salaries” or any other income from which the full amount of tax payable by him has been deducted, such assessee may, instead of filing a return under section 75, file a certificate in such form as may be prescribed accompanied, where applicable, by a statement referred to in section 75 (2) (d) ; and the certificate and statement so filed shall be deemed for all purposes of this Ordinance to be a return and statement filed under that section.

Ins. by F.A. 2012

  1. Notice for filing return.- 1[(1) The Deputy Commissioner of Taxes may, at any time after expiry of the date specified in section 75, by a notice in writing, require-
  • any person, other than a company, to file a return of his total income as provided in that section if, in the opinion of the Deputy Commissioner of Taxes the total income of such person was, during the income year, of such amount as to render liable to tax;
  • any company to file a return of its total income, if it is not filed.]
  • The return under sub-section (1) shall be filed within such period, not being less than 2[twenty-one days], as may be specified in the notice or within such extended period as the Deputy Commissioner of Taxes may allow.
  1. Filing of revised return.- Any person who has not filed a return as required by section 75 or 77 or who, having filed return, discovers any omission or incorrect statement therein, may, without prejudice to any liability which he may have incurred on this account, file a return or a revised return, as the case may be, at any time before the assessment is made.
  2. Production of accounts and documents.- The Deputy Commissioner of Taxes may, by notice in writing, require an assessee who has filed a return under section 75, or to whom a notice has been issued under section 77, to produce or cause to be produced 3[such accounts, statements and documents] on such date as may be specified in the notice, such accounts, statements and documents including those relating to any period, not being earlier than three years prior to the income year, as he may consider necessary for the purpose of making an assessment under this Ordinance. [7] [8] [9]
  3. ^Statements of assets, liabilities and life style].- (1) The Deputy Commissioner of Taxes may, by notice in writing, require an assessee to file by the date specified in the notice 2[statements] giving particulars in respect of the following unless they have already been given in or with return filed under section 75, 77 or 78, or with a certificate filed under section 76 namely
  • the total assets, liabilities and expenses of the assessee as on the date or dates specified in the notice ;
  • the total assets, liabilities and expenses of the spouse, minor children and dependents of the assessee as on the date or dates so specified ; and
  • any assets transferred by the assessee to any person during the period or periods so specified, and the consideration therefor 3[;
  • particulars of life style of the assessee.]
  • The [10] [11] [12] [13][statements] to be filed under sub-section (1) shall be prepared in such form and verified in such manner as may be prescribed.

CHAPTER IX ASSESSMENT

  1. Provisional assessment.- (1) The Deputy Commissioner of Taxes may, at any time after the first day of July of the year for which the assessment is to be made, proceed to make, in a summary manner, a provisional assessment of the tax payable by the assessee on the basis of the return and the accounts and documents, if any, accompanying it and where no return has been filed, on the basis of the last assessment including an assessment under this section.
  • In making a provisional assessment under this section, the Deputy Commissioner of Taxes shall-
  • rectify any arithmetical errors in the return, accounts and documents;
  • allow, on the basis of the information available from the return, accounts and documents, such allowances as are admissible under the Third Schedule and any loss carried forward under section 38 or 39 or 41.
  • For the purposes of payment and recovery, the tax as determined to be payable upon provisional assessment shall have effect as if it were determined upon regular assessment.
  • The tax paid or deemed to have been paid under Chapter VII, in respect of any income provisionally assessed under sub-section (1), shall be deemed to have been paid towards the provisional assessment.
  • Any amount paid or deemed to have been paid towards provisional assessment under this section shall be deemed to have been paid towards regular assessment ; and the amount paid or deemed to have been paid towards provisional assessment in excess of the amount found payable after regular assessment shall be refunded to the assessee.
  • Nothing done or suffered by reason or in consequence of any provisional assessment made under this section shall prejudice the determination on merit of any issue which may arise in the course of regular assessment.
  • There shall be no right of appeal against a provisional assessment under this section.

1[82. Assessment on correct return.- Where a return or a revised return has been filed under Chapter VIII and the Deputy Commissioner of Taxes is satisfied, without requiring the presence of the assessee or the production of any evidence, that the return is correct and complete, he shall assess the total income of the assessee and determine the tax payable by him on the basis of such return and communicate the assessment order to the assessee within thirty days next following :

Provided that –

  • such return shall be filed on or before the date specified in clause (c) of sub-section (2) of section 75;
  • the amount of tax payable shall be paid on or before the date on which the return is filed;[14] [15] [***]
  • such return does not show any loss or lesser income than the last assessed income, or assessment on the basis of such return does not result in refund [16] [17][; and
  • such return shall mention twelve-digit Taxpayer’s Identification Number.]

4[82A. Assessment under simplified procedure.- Where, an assessee, other than a public limited company as defined in the Companies Act, 1913 (VII of 1913) or WTAlbl ABb, 1998 (1998 mbi 18 bs ABb), who has previously been assessed for any assessment year ended on or before the thirtieth day of June, 1995, files a return showing income for the income year relevant to the assessment year commencing on or after the first day of July, 1995 and ending on or before the thirtieth day of June, 1997 and the income shown in such return is higher by not less than ten per cent. over the last assessed income and has also increased by at least a further sum of ten per cent. for each preceeding assessment year in respect of which the assessment is pending, the return filed by the assessee shall be deemed to be correct and complete, and the Deputy Commissioner of Taxes shall assess the total income of the assessee on the basis of such return and determine the tax payable by him [18][on the basis of such assessment, and communicate the assessment order to the assessee within thirty days next following], provided-

(a) he has, at the time of filing such return, made payment of the tax on the basis of the return, or taka twelve hundred, whichever is higher, and the assessment on the basis of such return shall not result in any refund; 1[***]

2[(b) the net accretion of his wealth, if he is required to submit statement of assets and liabilities under section 75 (2) (d), along with his disclosed family expenses and taxes paid during the year, shall not exceed the income disclosed for the year and the income or receipt, if any, exempted from tax] 3[; and

  • such return contains twelve-digit Taxpayer’s Identification Number (TIN).]

4[(82B.)***]

5[82BB. Universal Self Assessment.- (1) 6[Subject to sub-section (3), where an assessee, either manually or electronically,] furnishes a correct and complete return of income 7[***], the Deputy Commissioner of Taxes shall receive such return himself or cause to be received by any other official authorised by him and issue a receipt of such return 8[manually or electronically] and the said receipt shall be deemed to be an order of assessment for the assessment year for which the return is filed.

9[(2) A return shall be taken to be completed, if –

  • it is filed in accordance with provision of sub-section (2) or sub­section (3) of section 75;
  • tax has been paid in accordance with provision of section 74; and
  • twelve-digit Taxpayer’s Identification Number (TIN) is mentioned in

it.]

  • Notwithstanding anything contained in sub-section (1) 10[***], the Board or any authority subordinate to the Board, if so authorised by the Board in this behalf, may select, in the manner to be determined by the Board, [19] [20] [21] [22] [23]

I.TManual, Part-1 [Sec. 82BB

1[a number of these returns filed under sub-section (1)] and refer the returns so selected to the Deputy Commissioner of Taxes for the purpose of audit and the Deputy Commissioner of Taxes shall thereupon proceed, if so required, to make the assessment under section 83 or section 84, as the case may be [24][:

Provided that a return of income filed under this section shall not be selected for audit where such return shows at least twenty per cent higher income than the income assessed or shown in the return of the immediately preceding assessment year and such return-

  • is accompanied by corroborative evidence in support of income exempted from tax;
  • is accompanied by a copy of bank statement or account statement, as the case may be, in support of any sum or aggregate of sums of loan exceeding taka five lakh taken from any person during the income year;
  • does not show receipt of gift during the year;
  • does not show any income chargeable to tax at a rate reduced under section 44; or
  • does not show or result any refund.]

3[(Proviso)***]

4[(4) No question as to the source of investment made by a new assessee deriving income from business or profession shall be raised, if he shows income at least not less than twenty five percent of the capital invested in business or profession and pays tax on such income before filing of income.

  • for “of these returns filed under sub-section (1)” by F. O. 2008
  • by F.A. 2014
  • omitted proviso by F.A. 2012
  • by F.A. 2009

I.TManual, Part-1                                                               [Sec. 82BB, 82C

1[(5) The initial capital investment of business or profession or any fraction of such initial capital shall not be transferred from that business or profession within the income year when the investment was made or within five years from the end of that income year.]]

2[82C. Tax on income of certain persons. – (1) Subject to sub-sections (3), (4),

  • , (6), (7), (8) and (9), notwithstanding anything contained in any other provisions of this Ordinance, tax deducted or collected at source in accordance with the provisions mentioned in sub-section (2) shall be deemed to be the final discharge of tax liability from that source.

(2) The provisions referred to in sub-section (1) shall be the following, namely-

3[(a)the amount representing the payments on account of supply of goods or execution of contract 4[***] to which tax deductible under section 52;] [25] * [26]

  • the amount representing the payment on account of royalty, fees for technical services for which tax is deductible under section 52A(2);
  • commission from clearing and forwarding agency business for which tax is deductible under section 52AAA;
  • the amount of the value of the banderols computed for the purpose of collection of tax on account of the manufacture of cigarettes under section 52B;
  • the amount of compensation against acquisition of property under section 52C;

1[(ee) the amount received by the rental power companies on account of sale of rental power under section 52N;]

2

[(eee) the amount received as interest from pensioners’ savings certificate or wage earners development bond for which tax has been deducted under section 52D;]

  • the amount of salaries of a foreign technician serving in a diamond cutting industry, for which tax is deductible under section 52O;

2[(ff) the amount received by International Gateway (IGW) services operator or Interconnection Exchange (ICX) in respect of international phone call as mentioned in section 52R;]

  • the amount as computed for the purpose of collection of tax under section 53 in respect of goods imported, not being goods imported by an industrial undertaking as raw materials for its own consumption;
  • the amount received or receivable from shipping business of a resident on which tax is collectible under section 53AA;
  • the amount received on account of export of manpower on which tax is deductible under section 53B;
  • the amount received on account of export of certain items on which tax is deductible under section 53BB;
  • by F.A. 2012
  • by F.A. 2014
  • by F.A. 2012
  • the amount received on account of transaction by a member of a stock exchange for which tax is collectible under section 53BBB ;
  • the amount of auction purchase on which tax is collectible under section 53C;
  • the amount received on account of courier business of a non­resident under section 53CC;

1 [(mm) the amount on account of export cash subsidy as mentioned in section 53DDD; ]

  • the amount received from persons engaged in real estate or land development business on which tax is collectible under section 53FF;
  • the amount of remuneration or reward, whether by way of commission or otherwise payable to an insurance agent on which tax is deductible under section 53G;
  • the amount representing the payment on account of survey by surveyor of a general insurance company on which tax is deductible under section 53GG;
  • the amount of the value of the property as mentioned in section 53H for the purpose of collection of tax under that section;

2[(r)***]

(s)    income derived from transfer of securities or mutual fund units by sponsor shareholders of a company etc. under section 53M;

3[(ss) income derived from transfer of share of Stock Exchange on which tax is deducted under section 53N;

(sss) income derived from transfer of share or securities traded in the stock exchange for which tax is deducted under section 53O;]

  • Added by F. A. 2012

2

Omitted sub-clause (r) by F.A. 2013 3 Ins. by F.A. 2014

(t)    the amount on account of winnings referred to in section 19(13) on which tax is deductible under section 55:

1[.Provided that provisions of sub-section (1) shall not be applicable in the case of clause (a) of this sub-section with respect to-

  • a contractor of an oil company or a sub-contractor to the contractor of an oil company as may be prescribed;
  • oil marketing companies and its dealer or agent excluding petrol pump station;
  • any company engaged in oil refinery;
  • any company engaged in gas transmission.]
  • Tax deducted or collected at source from the sources mentioned in sub­section (2) shall not be adjusted against refund due for earlier year or years or refund due for the assessment year from any source other than those mentioned in sub-section (2).
  • Income from the sources mentioned in sub-section (2) shall be determined on the basis of the tax deducted or collected at source and the rate or rates of tax applicable for the assessment year.
  • Income computed in accordance with sub-section (4) shall not be set off with loss computed under any other source for the assessment year or with loss of earlier year or years.
  • Any income shown or assessed in excess of the amount determined in sub­section (4) shall be liable to tax at the rate or rates applicable for the assessment year.
  • Any amount not admissible as allowances under section 30 shall be added to the income as referred to in sub-section (4).
  • Income referred to in sub-sections (6) and (7) shall be taxable at the rate or rates applicable for the year after determining income under sub-section (4).
  • In addition to the tax mentioned in this section, in accordance with the provisions of the Finance Act, if any, the assessee shall pay surcharge.]

1 Subs. by F.A. 2014

1[82D. Spot assessment.- Notwithstanding anything contained in this Ordinance, where an assessee, not being a company, who has not previously been assessed under this Ordinance, carrying on any business or profession in any shopping centre or commercial market or having a small establishment, the Deputy Commissioner of Taxes may fix the tax payable by him in such manner and at such rate as may be prescribed and the receipt obtained for payment of such tax shall be deemed to be an order of assessment under section 82.]

2[83. Assessment after hearing.- (1) Where a return or revised return has been filed under Chapter VIII and the Deputy Commissioner of Taxes is not satisfied without requiring the presence of the person who filed the return or the production of evidence that the return is correct and complete, he shall serve on such person a notice requiring him, on a date to be therein specified, to appear before the Deputy Commissioner of Taxes, or to produce or cause to be produced before him or at his office, any evidence in support of the return.

(2) The Deputy Commissioner of Taxes shall, after hearing the person appearing, or considering the evidence produced in pursuance of the notice under sub-section (1) and also considering such other evidence, if any, as he may require on specified points, by an order in writing assess, within thirty days after the completion of the hearing or consideration, as the case may be, the total income of the assessee and determine the sum payable by him on the basis of such assessment, and communicate the order to the assessee within thirty days next following.]

3[(83A.)***

(83AA.)***]

4[83AAA. Assessment on the basis of report of a chartered accountant. – (1)

Where a return or revised return is filed under Chapter VIII by an assessee being a company and the Board has reasonable cause to believe that the return or revised return is incorrect or incomplete, the Board may appoint a registered chartered accountant to examine the accounts of that assessee.

(2) The chartered accountant appointed under sub-section (1) shall exercise the powers and functions of the Deputy Commissioner of Taxes as referred to in section 79 and clauses (a), (b), (c), (d) and (e) of section 113.

1 Ins. by F.A. 1999

Subs. by F.A. 1994 again subs. by F.A. 1998

3

Ins. by F.A. 1990, subs. by F.A. 1999 and section 83A, 83AA omitted by F.O. 2008

Ins. by F.A. 2000

  • The chartered accountant, after examination of the accounts of that assessee, shall submit a report in writing to the Board alongwith findings within a time as may be specified by the Board.
  • On receipt of the report referred to in sub-section (3), the Board shall forthwith forward the report to the concerned Deputy Commissioner of Taxes for consideration.
  • On receipt of the report under sub-section (4), the Deputy Commissioner of Taxes shall serve a notice upon the assessee under sub-section (1) of section 83.
  • The Deputy Commissioner of Taxes shall, after hearing the person appearing and considering the evidences produced including the findings stated in the report received under sub-section (5) and also considering the other evidences, by an order in writing, assess within thirty days after the completion of hearing or consideration, as the case may be, the total income of an assessee and shall determine the sum payable by the assessee on the basis of such assessment, and communicate the said order to the assessee within thirty days from the date of such order.]

1[84. Best judgment assessment.- (1) Where any person fails –

  • to file the return required by a notice under section 77 and has not filed a return or revised return under section 78 ; or
  • to comply with the requirements of a notice under section 79 or 80 ; or
  • to comply with the requirements of a notice under section 83(1);

the Deputy Commissioner of Taxes shall, by an order in writing, assess the total income of the assessee to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment; and in the case of firm, may refuse to register it or may cancel its registration if it is already registered, and communicate such order to the assessee within thirty days next following.

Subs. by F.A. 2002

  • Where in the opinion of the Board a best judgment assessment made by a Deputy Commissioner of Taxes under sub-section (1) shows lack of proper evaluation of legal and factual aspects of the case which has resulted in an arbitrary and injudicious assessment, the action leading to such assessment made by the said Deputy Commissioner of Taxes shall be construed as misconduct.]

1[(84A.)***]

  • Assessment in case of change in the constitution of a firm.- (1) Where, at the time of assessment of a firm, it is found that a change has occurred in the constitution of the firm, the assessment shall be made on the firm as constituted at the time of making the assessment :
    Special provisions regarding assessment of firms.- (1) Notwithstanding anything contained in this Ordinance, where the assessee is a firm and the total income of the firm has been assessed under sections 82, 83, or 84, as the case may be,-
  • in the case of [27][a firm], the tax payable by the firm shall be determined on the basis of the total income of the firm.
  • Whenever any determination is made in accordance with the provisions of sub-section (1), the Deputy Commissioner of Taxes shall, by an order in writing, notify to the firm-
  • the amount of tax payable by it, if any ;
  • the amount of the total income on which the determination has been based; and
  • the apportionment of the amount of income between the several partners.

Provided that-

  • the income of the year shall, for the purpose of inclusion in the total income of the partners, be apportioned between the partners who, in such income year, were entitled to receive the same ; and
  • when the tax assessed upon a partner cannot be recovered from him, it shall be recovered from the firm as constituted at the time of making the assessment.

(2) For the purposes of this section, there is a change in the constitution of a firm-

  • where all the partners continue with a change in their respective shares or in the shares of some of them, or
  • where one or more persons who were partners continue to be so with a change by cessation of one or more partners or addition of one or more new partners.
  1. Assessment in case of constitution of new successor firm.- Where, at the time of assessment of a firm, it is found that a new firm has been constituted to succeed the firm to which the assessment relates and it cannot be covered by section 86, separate assessments shall be made on the predecessor firm and the successor firm in accordance with the provisions of section 88 relating to assessment in case of succession to business.
  2. Assessment in case of succession to business otherwise than on death.-(1)

Where, a person, carrying on any business or profession (in this section, referred to as the predecessor), has been succeeded therein otherwise than on death by another person (in this section, referred to as the successor) in any income year, and the successor continues to carry on that business or profession,-

  • the predecessor shall be assessed, in respect of the income of the income year in which the succession took place, for the period up to the date of succession, and
  • the successor shall be assessed, in respect of the income of the income year, for the period after the date of succession.
  • Notwithstanding anything contained in sub-section (1), where the predecessor cannot be found, the assessment of the income year in which the succession took place up to the date of succession and of the income year or years preceding that year shall be made on the successor in the like manner and to the same extent as it would have been made on the predecessor ; and the provisions of this Ordinance shall, so far as may be, apply accordingly.
  • Where any sum payable under this section in respect of the income of a business or profession cannot be recovered from the predecessor, the Deputy Commissioner of Taxes shall record a finding to that effect, and thereafter the sum payable by the predecessor shall be payable by, and recoverable from, the successor who shall be entitled to recover it from the predecessor.
  1. Assessment in case of discontinued business.- (1) Without prejudice to the provision of section 87, where any business or profession is discontinued in any financial year, and assessment may be made in that year, notwithstanding anything contained in section 16, on the basis of the total income of the period between the end of the income year and the date of such discontinuance in addition to the assessment, if any, made on the basis of the income year.
  • Any person discontinuing any business or profession in any financial year shall give to the Deputy Commissioner of Taxes a notice of such discontinuance within fifteen days thereof ; and such notice shall be accompanied by a return of total income in respect of the period between the end of the income year and the date of such discontinuance and that financial year shall be deemed to be the assessment year in respect of the income of the said period.
  • Where, a person fails to give the notice required by sub-section (2), the Deputy Commissioner of Taxes may direct that a sum shall be recovered from him by way of penalty not exceeding the amount of tax subsequently assessed on him in respect of any income from the business or profession up to the date of its discontinuance.
  • Where, an assessment is to be made under sub-section (1), the Deputy Commissioner of Taxes may serve-
  • on the person whose income is to be assessed ;
  • in the case of a firm, on the person who was a partner of the firm at the time of discontinuance of the business or profession ; and
  • in the case of a company, on the principal officer of the company; a notice to furnish within such time, not being less than seven days, a return of his total income giving such particulars and information as are required to be furnished with a return to be filed under section 75 along with such other particulars, records and documents as may be specified in the notice.
  • The provisions of this Ordinance shall, so far as may be, apply to a notice under sub-section (4) for the purpose of assessment of tax as if it were a notice under section 77.
  1. Assessment in case of partition of a Hindu undivided family.- (1) A Hindu family hitherto assessed as a Hindu undivided family shall be deemed, for the purposes of this Ordinance, to continue to be a Hindu undivided family except where, and in so far as, a finding of partition has been given under this section in respect of that family.
  • Where, at the time of an assessment of a Hindu undivided family, it is claimed by any member thereof that a partition has taken place amongst the members of the family, the Deputy Commissioner of Taxes shall make an enquiry thereinto after giving notice to all the members of the family.
  • On the completion of the enquiry, the Deputy Commission of Taxes shall record a finding as to whether there has been a partition of the joint family property, and, if there has been such a partition, the date on which it has taken place.
  • In the case of a finding under sub-section (3) that the partition of the undivided family took place after the expiry of the income year, the total income of the income year of the undivided family shall be assessed as if no partition has taken place ; and each member or group of members of the family shall, in addition to any tax for which he or it may be separately liable, be jointly and severally liable for the tax on the income of the family so assessed.
  • In the case of finding under sub-section (3) that the partition of the undivided family took place during the income year, the total income of the undivided family in respect of the period up to the date of partition shall be assessed as if no partition had taken place ; and each member or group of members of the family shall, in addition to any tax for which he or it may be separately liable, be jointly and severally liable for the tax on the income of that period as so assessed.
  • Notwithstanding anything contained in this section, if the Deputy Commissioner of Taxes finds after completion of the assessment of a Hindu undivided family that the family has already effected a partition, the tax shall be recoverable from every person who was a member of the family before the partition; and every such person shall be jointly and severally liable for tax on the income of the family so assessed.
  • For the purposes of this section, the several liability of any member or group of members of a Hindu undivided family shall be computed according to the portion of the property of the undivided family allotted to him or it at the partition.
  • The provisions of this section shall, so far as may be, apply in relation to the levy and collection of any penalty, interest, fine or other sum in respect of any period up to the date of the partition of a Hindu undivided family as they apply in relation to levy and collection of tax in respect of any such period.
  1. Assessment in case of persons leaving Bangladesh.- (1) Where it appears to the Deputy Commissioner of Taxes that any person may leave Bangladesh during the current financial year or shortly after its expiry and that he has no intention of returning, an assessment may be made in that year, notwithstanding anything contained in section 16, on the basis of the total income of such person-
  • if he has been previously assessed, for the period from the expiry of the last income year of which income has been assessed to the probable date of his departure from Bangladesh; and
  • if he has not been previously assessed, of the entire period of his stay in Bangladesh up to the probable date of his departure there from.
  • Assessment under sub-section (1) shall be made-
  • in respect of each completed income year included in the period referred to in sub-section (1), at the rate at which tax would have been charged had it been fully assessed; and
  • in respect of the period from the expiry of the last of the completed income years to the probable date of departure, at the rate in force for the financial year in which such assessment is made and that financial year shall be deemed to be the assessment year in respect of the income of the said period.
  • For the purpose of making an assessment under this section, the Deputy Commissioner of Taxes may serve a notice upon the person concerned requiring him to file, within such time, not being less than seven days, as may be specified in the notice,-
  • a return in the same form and verified in the same manner as a return under section 75 setting forth, along with such other particulars as may be required by the notice, his total income for each of the completed income years comprised in the relevant period referred to in sub-section (1); and
  • an estimate of his total income for the period from the expiry of the last of such completed income year to the probable date of his departure from Bangladesh.
  • All the provisions of this Ordinance shall, so far as may be, apply to the notice under sub-section (3) for purpose of assessment of tax as if it were a notice under section 77.
  • Nothing in this section shall be deemed to authorise a Deputy Commissioner of Taxes to assess any income which has escaped assessment or has been under assessed or has been assessed at too low a rate or has been the subject of excessive relief under this Ordinance but in respect of which he is debarred from issuing a notice under section 93.
  1. Assessment in case of income of a deceased person.- (1) Where a person dies, his legal representative shall be liable to pay any tax or other sum payable under this Ordinance which the deceased would have been liable to pay if he had not died, in the like manner and to the same extent as the deceased ; and the legal representative of the deceased shall, for the purposes of this Ordinance, be deemed to be an assessee: Provided that before deeming the legal representative of the deceased to be an assessee, a notice to that effect shall be issued to him by the Deputy Commissioner of Taxes.
  • For the purposes of making an assessment of the income of the deceased and recovery of tax,-
  • any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued from the stage at which it stood on the date of the death of the deceased ;and
  • any proceeding which could have been taken against the deceased, if he had not died, may be taken against the legal representative; and all the provisions of this Ordinance shall, so far as may be, apply accordingly.
  • The liability of legal representative under this Ordinance shall be limited to the extent to which the estate of the deceased is capable of meeting the liability.
  • For the purposes of this section and other provisions of this Ordinance in which the rights, interest and liabilities of the deceased are involved, “legal representative” includes an executor, an administrator and any person administering the estate of the deceased.
  1. Assessment in case of income escaping assessment, etc.- (1) If, for any reason, any income chargeable to tax for any assessment year has escaped assessment or has been under assessed or has been assessed at too low a rate or has been the subject of excessive relief or refund under this Ordinance, the Deputy Commissioner of Taxes may issue a notice to the assessee containing all or any of the requirements which may be included in a notice under section 77 and may proceed to assess or determine, by an order in writing, the total income of the assessee or the tax payable by him, as the case may be, and all the provisions of this Ordinance shall, so far as may be, apply accordingly: Provided that the tax shall be charged at the rate or rates applicable to the assessment year for which the assessment is made.
  • No proceeding under sub-section (1) shall be initiated unless definite information has come into the possession of the Deputy Commissioner of Taxes [28][and he has obtained] the previous approval of the Inspecting Joint Commissioner in writing to do so, except in a case where a return has not been filed under section 75 or 77.
  • A notice under sub-section (1) may be issued by the Deputy Commissioner of Taxes,-
  • in any case in which he has reason to believe that the assessee or any other person on his behalf has not filed a return under section 75 or 77, at any time;
  • in any case in which he has reason to believe that the assessee has for any assessment year concealed the particulars of his income or furnished inaccurate particulars thereof or omitted or failed to disclose all material facts necessary for the assessment for such year, within [29][ [30][six] years] from the end of the assessment year for which the assessment is to be made:Provided that in a case where a fresh assessment is made for any assessment year in pursuance of an order [31][sections 120,121A,156 or 159], the period of [32][ [33][six] years] referred to in this clause shall commence from the end of the year in which the fresh assessment is made;
  • in any other case, within two years from the end of the assessment year for which the assessment is to be made.
  • In computing the period of limitation for the purpose of making an assessment or taking any other proceedings under this Ordinance, the period, if any, for which such assessment or other proceedings has been stayed by any Court, tribunal or any other authority, shall be excluded.

Subs. for the words “or he has obtained” by F.A. 1995

Subs. for “eightyears” by F.A. 1995

Subs. for “five” by F.A. 2012

Subs. for “sections 120, 156 or 159” by F.A. 2009

Subs. for “eightyears” by F.A. 1995

Subs. for “five” by F.A. 2012

  • Notwithstanding anything contained in sub-section (3), where an assessment or any order has been annulled, set aside, cancelled or modified, the concerned income tax authority may start the proceedings from the stage next preceding the stage at which such annulment, setting aside, cancellation or modification took place, and nothing contained in this Ordinance shall render necessary the re-issue of any notice which has already been issued or the re-furnishing or refiling of any return, statement or other particulars which has already been furnished or filed, as the case may be.
  1. Limitation for assessment.- 1[(1) Subject to the provisions of sub­sections (2) and (3), no order of assessment under the provisions of this Chapter in respect of any income shall be made after the expiry of six months from the end of the assessment year in which the income was first assessable.]

2[(1A) Notwithstanding anything contained in sub-section (1), no order of assessment under 3[sub-section (3) of section 82BB] shall be made-

  • after the expiry of two years from the end of the assessment year in which the income was first assessable 4[.
  • ***] ]

5[(1B) Notwithstanding anything contained in sub-section (1) or (1A), no order of assessment under section 107C of this Ordinance shall be made after the expiry of three years from the end of the assessment year in which the income was first assessable.]

  • Notwithstanding anything contained in sub-section (1), assessment under section 93 may be made-
  • in the cases falling under section 93(3)(a) and (b), within 6[two years] from the end of the year in which notice under the said sub­section was issued ; and (b) in the cases falling under section 93(3)(c), within 7[one year] from the end of the year in which notice under the said sub-section was issued. 1 2 3 4 * 6 [34]
  • Notwithstanding anything contained in this section, limiting the time within which any action may be taken, or any order or assessment may be made, order or assessment, as the case may be, to be made on the assessee or any other person in consequence of, or to give effect to, any finding or direction contained in an order under ‘[sections 120, 121A, 156, 159, 161 or 162 or, in the case of a firm, an assessment to be made on a partner of a firm in consequence of an assessment made on the firm, 2[shall be made within thirty days] from the date on which the order was communicated and such revised order shall be communicated to the assessee within thirty days next following3 [:

Provided that where an order of assessment has been set aside by any authority in that case the assessment shall be made within forty five days from the date on which the order was communicated to him.]

Explanation I – Where, by an order under 4[sections 120, 121A, 156, 159, 161 or 162], any income is excluded from the total income of the assessee for an assessment year, an assessment of such income for another assessment year shall, for the purposes of this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.

Explanation II – Where, by an order under 5[sections 120, 121A, 156, 159, 161 or 162], any income is excluded from the total income of one person and held to be the income of another person, an assessment of such income of such other person, shall, for the purposes of this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.

6[(4) where the Deputy Commissioner of Taxes fails to give effect to any finding or direction contained in an order referred to in sub-section (3) within the period stipulated therein, such failure of the Deputy Commissioner of Taxes shall be construed as misconduct.]

7[(94A)***]

[1] Subs. for “five years ” by F.A. 1996

  • by F.A. 1999
  • by F.A. 2003
  • Omitted by F.A.2014
  • Omitted by F.A.2014

[2]Omitted. by F.A. 2014

  • by F.A. 2014

3

Ins. clause (h) by F.A. 2011

  • by F.A. 2001

[3] Subs. by F.O. 2008

Subs. by F.A. 1997, re-subs. by F.A. 1999 again subs. by F.A. 2002

  • by F.A. 2004

4

Subs. “clon” for “semi-colon” and inserted Proviso by F.A. 2013

  • Omitted by F.A. 2005
  • by F.A. 2012

[4] Subs. for “(1) and (LA)” by F.A. 2001

[5]Subs. by F.A. 2002

[6]Subs. “full-stop” for “colon” and omitted proviso by F.A. 2010

Ins. new sections 75A, 75B and 75C by F.A. 2011

[7] Subs. by F.A. 2001

[8] Subs. for “thirty days” by F.A. 1992

[9] Ins. by F.A. 2002

[10] Subs. for “Statement of assets and liabilities ” by F.A. 2005 Subs. for “Statement” by F.A. 2005

[12]Subs. for “full-stop” and clause (d) ins. by F.A. 2005

[13]  Subs. for “Statement” by F.A. 2005

[14] Subs. Section 82 by F.O. 2008

[15] Omitted by F.A.2014

[16] Subs by F.A.2014

[17]Ins. by F.A. 1995

[18] Subs. for the words “on the basis of such assessment” by F.A. 1996

[19] omitted by F.A. 2014

  • by F.A. 1996
  • by F.A. 2014

A

Subs. by F.A. 2003 and omitted by F.O. 2008 5 Ins. by F.O. 2007

6Subs. for “where an assessee” by F.A. 2011

[23]Omitted by F.O. 2008

  • Ins by F.A. 2011
  • by F.A. 2014
  • Omitted by F.A. 2011

Subs. section 82C by F.A. 2011

[25]Subs. by F.A. 2012

[26] Subs. by F.A. 2012

A

Omitted by F.A. 2014

Ins. by F.A. 1990 omitted by F.A. 1997 Omitted by F.A. 1995

Subs. for “and unregistered firm” by F.A.1995

[28] Subs. by F.A. 2002 and re-subs. by F.A. 2004

[29]Ins. by F.A. 2003

[30] Subs. for “sub-section (2) of section 82B, sub-section (3) of section 82BB or sub-section (2) of 83A”byF.O. 2008

[31]Subs. for “full-stop” for “semi-colon” and omitted “or” and clause (b) by F.A. 2010 Ins. new sub-section (IB) by F.A. 2012

[33]Subs. for “four years” by F.A. 1995

[34] Subs. for “twoyears” by F.A. 1995

Subs. for “sections 120,156,159,161 or 162” by F.A. 2009 Subs. the words ”may made within sixty days” by F.A. 2002 Ins. by F.A. 2004

Subs. for “sections 120, 156, 159, 161 or 162” by F.A. 2009 Subs. for “sections 120, 156, 159, 161 or 162” by F.A. 2009 Ins. by F.A. 2002

Ins. by F.A. 2002 subsequently omitted by F.A. 2003

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