mahfuzmee-eng/income-tax-bd huggingface dataset:
Part 15: Prevention Of Tax Avoidance
Chapter I: General Provisions Relating To Prevention Of Tax Avoidance
Section 236 (Reference to Transfer Pricing Officer.)
clause 1: Notwithstanding anything contained in section 235 of this Act, (a) the Deputy Commissioner of Taxes, with prior approval of the Board, may refer the determination of the arm's length price under section 235 to the Transfer Pricing Officer; (b) the Transfer Pricing Officer, with prior approval of the Board, may proceed to determine the arm's length price in relation to any international transaction.
clause 2: Where a reference is made or any proceedings have been initiated under sub-section
clause 1: , the Transfer Pricing Officer shall serve a notice on the assessee requiring him to produce or cause to be produced on a date to be specified therein, any evidence on which the assessee may rely in support of his computation of the arm's length price in relation to the international transaction in question.
clause 3: The Transfer Pricing Officer shall, after considering the evidence produced before him or available to him including the evidence as he may require on any specified points from the assessee or from any other person, and after taking into account all relevant materials which he has gathered shall, by order passed in writing, determine the arm's length price in relation to the international transaction in accordance with section 235 of this Act and send a copy of his order to the Deputy Commissioner of Taxes.
clause 4: The Deputy Commissioner of Taxes, upon receipt of the order under sub-section
clause 3: , shall proceed to compute the total income of the assessee in conformity with the arm's length price so determined by the Transfer Pricing Officer and in computing the income of a person that is exempted from tax or is subject to a reduced rate of tax, the adjustment made in conformity with the arm's length price so determined by the Transfer Pricing Officer shall be treated as income of such person and tax will be payable on such income at the regular rate.
clause 5: The Transfer Pricing Officer may rectify any order passed by him under sub-section
clause 3: so as to correct any mistake apparent from the record either of his own motion or on the mistake having been brought to his notice by the assessee or any other income tax authority, and the provisions of section 330 of this Act shall, so far as may be, apply accordingly.
clause 6: Where any rectification is made under sub-section
clause 5: , the Transfer Pricing Officer shall send a copy of his order to the Deputy Commissioner of Taxes who shall thereafter proceed to amend the order of assessment in conformity, with such order of the Transfer Pricing Officer.
Part 15: Prevention Of Tax Avoidance
Chapter I: General Provisions Relating To Prevention Of Tax Avoidance
Section 237 (Maintenance and keeping of information, documents and records.)
clause 1: Every person who has entered into an international transaction shall keep and maintain such information, documents and records as may be prescribed.
clause 2: Without prejudice to the provisions of sub-section
clause 1: , the Board may prescribe the period for which the information, documents and records shall be kept and maintained.
clause 3: The Deputy Commissioner of Taxes may, by notice in writing, require any person to furnish any information, documents and records as prescribed under sub-section
clause 1: within the period as may be specified in the notice.
Part 15: Prevention Of Tax Avoidance
Chapter I: General Provisions Relating To Prevention Of Tax Avoidance
Section 242 (Avoidance of tax by transactions in securities.)
clause 1: Where the owner of any securities sells or transfers those securities and buys them back or reacquires them, or buys or acquires similar securities, and the result of the transactions is that any interest becoming payable in respect of the original securities sold or transferred by the owner is not receivable by the owner, the interest payable as aforesaid shall be deemed, for all purposes of this Act, to be the income of such owner and not of any other person, whether the interest payable as aforesaid would or would not have been chargeable to tax apart from the provisions of this sub-section.
clause 2: Where any person has had for any period during an income year any beneficial interest in any securities and the result of any transactions, within that year relating to such securities or the income thereof is that no income is received by him, or that the income received by him is less than the sum which the income would have amounted to had the income from such securities accrued from day to day, and been apportioned to the said period, then the income from such securities for the said period shall be deemed to be the income of such person.
clause 3: Where, any person carrying on a business which consists wholly or partly in dealing in securities buys or acquires any securities from any other person and either sells back or retransfers those securities, or sells or transfers similar securities, to such other person, and the result of the transactions is that the interest becoming payable in respect of the securities bought or acquired by him is receivable by him but is not deemed to be his income by reason of the provisions of sub-section (I), no account shall be taken of the transactions in computing for any of the purposes of this Act any income arising from, or loss sustained in, the business.
clause 4: The Deputy Commissioner of Taxes may, by notice in writing, require any person to furnish him, within such time, not being less than 28 (twenty- eight) days, as may be specified in the notice, such particulars in respect of all securities of which such person was the owner, or in which he had beneficial interest at any time during the period specified in the notice, as the Deputy Commissioner of Taxes may consider necessary for the purpose of ascertaining whether tax has been borne in respect of the interest on all those securities and also for other purposes of this section.
clause 5: For the purposes of this section, (a) interest includes dividend; and (b) securities shall be deemed to be similar if they entitle their holders to the same right against the same persons as to capital and interest and the same remedies for the enforcement of these rights, notwithstanding any difference in the total nominal amounts of the respective securities or in the form in, which they are held or in the manner in which they can be transferred.
Part 16: International Agreement Management
Chapter I: Tax Agreement
Section 243 (Tax clearance certificate required for persons leaving Bangladesh.)
clause 1: Subject to such exceptions as the Board may make in this behalf, a person who is not domiciled in Bangladesh, or a person who being domiciled in Bangladesh at the time of his departure is not, in the opinion of an income tax authority likely to return to Bangladesh, shall not leave Bangladesh without obtaining from the Deputy Commissioner of Taxes authorized in this behalf by the Board- (a) a tax clearance certificate, or (b) if he has the intention of returning to Bangladesh, an exemption certificate which shall be issued only if the Deputy Commissioner of Taxes is satisfied that such person has such intention; and such exemption certificate may be either for a single journey or for all journeys within the period specified in the certificate.
clause 2: The owner or charterer of any ship or aircraft, who issues any authority to any person referred to in sub-section
clause 1: for travel by such ship or aircraft from any place in Bangladesh to any place outside Bangladesh unless such person has a certificate required by that sub-section, shall (a) be liable to pay the amount of tax, if any, which has or may become due and payable by the person referred to in sub-section
clause 1: and also to a penalty which may extend to Taka 20 (twenty) thousand; and (b) be deemed, for the purposes of recovery of such tax and penalty, to be an assessee in default, and all the provisions of this Act shall apply accordingly.
clause 3: For the purposes of this section, (a) Exemption certificate, in relation to any person means a certificate to the effect that such person is exempt from the requirement of having tax clearance certificate for the purpose of the journey or journeys specified therein; (b) Owner or charterer includes any representative, agent or employee who may be empowered by the owner or charterer of a ship or aircraft to issue an authority to travel by the ship or aircraft; (c) Tax payment certificate in relation to a person means a certificate to the effect that such person has no tax liability under this Act or the Gift Tax Act, 1990 (Act No. 44 of 1990), or that satisfactory arrangements have been made for the payment of all or any of such taxes which are or may become payable by such person.
Part 16: International Agreement Management
Chapter I: Tax Agreement
Section 244 (Tax agreement.)
clause 1: The Government may enter into agreements with the Government of any other country in respect of the following matters, namely: (a) tax relief in respect of the following matters: (i) such income on which tax has been paid under this Act any corresponding law in force in other countries; or (ii) any tax leviable under this Act and any corresponding law in force in that country for the purpose of encouraging mutual economic relations, trade and investment; (b) determination of income from sources within and outside Bangladesh; (c) avoidance of double taxation and prevention of fiscal evasion under this Act and corresponding law in force in that countries; (d) exchange of information for prevention of fiscal evasion or avoidance of tax on income or investigation of cases relating to such evasion under this Act and corresponding law in force in other countries; (e) recover taxes under this Act and under corresponding law in force in other countries; and (f) for the purposes of this Act and any corresponding law in force in another country.
clause 2: Board, by notification in the official Gazette, make such provisions as may be necessary for implementing the agreement.
clause 3: Any agreement made in pursuance of sub-section
clause 1: may include provisions for relief from tax for any period before the commencement of this Act or before the making of the agreement and provisions as to income which are not themselves subject to double taxation.
clause 4: In cases where the agreement entered into under this section includes any provision for granting set off against the tax payable in Bangladesh in respect of the tax payable under the law of the country concerned, the provisions relating to the said foreign tax adjustment in Chapter II of this Part shall apply. CHAPTER II EXEMPTION AND FOREIGN TAX CREDIT
Part 16: International Agreement Management
Chapter I: Tax Agreement
Section 245 (Definition.)
clause 1: For the purposes of this section, (a) Bangladesh tax means income tax levied under the provisions of this Act; (b) Foreign tax means, in accordance with the provisions of section 244 of this Act, in relation to an agreement in force with a foreign state, the tax leviable under the laws of that state which is admissible for adjustment under the agreement; (c) Foreign income tax means any foreign income tax corresponding to income tax.
clause 2: Where any tax leviable under the laws of concerned country is deemed to be an income tax, in accordance with the agreement in force under section 244, that tax shall be deemed to be a foreign tax other than a foreign tax or a foreign income tax, as the case may be.
clause 3: Any reference to foreign tax or foreign income tax in respect of concessions allowed under any agreement under this Chapter shall be deemed to be a reference to tax imposed by the Government of the country with which agreement is concluded.
Part 16: International Agreement Management
Chapter I: Tax Agreement
Section 247 (Foreign tax credit.)
clause 1: Subject to the provisions of this Act, where, under an agreement executed under section 244, set off benefit is allowed against Bangladesh tax levied on any income, subject to the provisions of the said agreement, the tax chargeable shall be reduced by an amount equal to such set off benefit.
clause 2: An adjustment under sub-section
clause 1: shall not be admissible against the said income tax if the assessee whose income is chargeable to tax in any assessment year is not a resident during the period on which such income is assessed.
clause 3: The amount of adjustment admissible on account of payment of foreign tax against Bangladesh tax in respect of any income shall not exceed the amount assessed at the average rate of tax prescribed on double taxable income.
Part 16: International Agreement Management
Chapter I: Tax Agreement
Section 248 (Effect of computation of income on approval of foreign tax adjustment.)
clause 1: Where the income includes dividends, and in case of such dividends under the agreement, it necessary to consider any foreign tax (directly claimable or whether deductible on the basis of dividends or not) for the purpose of determining whether any rebate shall be allowed against Bangladesh tax or the amount of rebate payable, then the relevant income shall be deemed to have been increased by an equivalent portion of the foreign tax related to the dividends considered for the purpose of determining the amount of rebate.
clause 2: Where, under sub-section
clause 1: , an amount of income is deemed to have been increased, the foreign tax paid on the dividend paid at any particular time by the statutory body paying the dividend, unless foreign tax, directly or by way of deduction, is chargeable or if the said dividend is not paid within the prescribed period, the dividend paid at the time of preparation of the last accounts completed by the said statutory body before the dividend is payable shall be taken into consideration. Explanation.For the purposes of this sub-section, paid shall be deemed to be paid, deposited or distributed or to have been paid, deposited or distributed.
clause 3: Notwithstanding anything contained in the preceding provisions of this section and in section 55, if any portion of foreign tax on any source of income is not allowed a rebate against Bangladesh tax, the amount of such income shall be deemed to be reduced by an amount equal to the portion of such foreign tax.
clause 4: Where any income tax is payable on the basis of money received from Bangladesh, in that case the amount of the said money shall be deemed to have increased by the amount of allowance allowed as concession against income tax.
clause 5: The provisions of sub-sections
clause 1: and
clause 3: of this section shall not apply in computing the total income of a person for the purpose of determining the rate referred to in sub-section
clause 3: of 247, and in accordance with sub-section
clause 4: of this section 'allowable against income-tax' concessional benefit' shall be substituted by 'foreign tax paid at source of income'.
Part 16: International Agreement Management
Chapter I: Tax Agreement
Section 249 (Limitation of claim of foreign tax credit.)
clause 1: Subject to the provisions of sub-section
clause 2: , a claim for approval as credit for foreign tax paid in respect of any income shall be 2 (two) years after the assessment year in which such income was or would have been chargeable in Bangladesh within the year the office in which the income tax of the said assessee has been imposed should be raised with the Commissioner of Taxes.
clause 2: For the purpose of claiming refund of tax or reassessment of tax in circumstances arising as a result of the adjustment, where the benefit provided under the agreement is deemed to be excessive or insufficient as a result of adjustment of any tax payable in Bangladesh or as a result of adjustment of any tax payable under the law of any other State, as provided in this Act the time limit shall not apply if the assessment or refund claim is not satisfied within 2 (two) years after all such assessments, adjustments and other assessments arising therefrom have been completed in Bangladesh or elsewhere.
Part 17: Agency, Representative And Related Matters
Section 251 (Provisions for deduction of tax at source in case of Double Taxation Agreement.)
clause 1: Where any agreement entered into with the Government is in force in accordance with the provisions of section 244 of this Act, any particular class of income accruing to a person resident in any of the contracting countries shall be exempt from tax in Bangladesh and in accordance with the provisions of this Act, tax shall be deductible from the said income, in which case the provisions of this section shall apply.
clause 2: Where a person, (referred to in this section as a Bangladeshi assesse) pays any such class of income to a person entitled to enjoy the income of the specified country (referred to in this section as a non-resident), such person shall, subject to notice directed by or under the Board to the non-resident, pay any such income to the non-resident. may be paid without deduction and on the date on which such notice is issued, to the Bangladeshi payee, any amount of income, without any deduction under the provisions of this section, from the source specified in the notice to the non-resident person specified in the notice, or the probable income for any such year, of which the above contract remains in force, to be paid.
clause 3: Any notice given under sub-section
clause 2: shall be deemed to be invalid if in any case, whether or not such description is made, it is invalidated by an order made by the Board or by a cancellation notice issued thereunder; and if any such event occurs to the knowledge of the Bangladeshi assessee or any notice of cancellation is given to him, then income of making any payment by the Bangladeshi assessee to the non-resident, tax shall be deducted in accordance with the provisions of this Act after such event has become known to the Bangladeshi assessee or, as the case may be, after the Bangladeshi assessee has received the notice.
Part 17: Agency, Representative And Related Matters
Section 252 (Liability of representatives in certain cases.)
clause 1: Every person who is a representative of another person in respect of any income shall, for the purpose of this section, in respect of such income (a) be subject to the same duties, responsibilities and liabilities as if such income were received by, or accruing to, or in favor of, him beneficially; (b) be liable to assessment in his own name; and (c) be deemed, subject to other provisions of this Part, to be the assessee for all purposes of this Act.
clause 2: A person who is assessed in pursuance of this section as a representative in respect of any income, shall not, in respect of the same income, be assessed under any other provision of this Act.
clause 3: Nothing in this section shall prevent either the direct assessment of the person for whom, or on whose behalf or for whose benefit, the representative is entitled to receive any income or recovery from such person of the tax payable in respect of such income.
clause 4: For the purposes of this section (a) the guardian, manager or trustee who receives or is entitled to receive any income for, or on behalf or for the benefit, of any minor, lunatic or idiot, shall be the representative in respect of such income; (b) the Administrator-General, the Official Trustee, or any receiver, manager or other person, however designated, appointed by or under any order of a Court, who receives or is entitled to receive any income for, or on behalf or for the benefit, of any other person shall be the representative in respect of such income;(c) the trustee or trustees appointed under trust declared by a duly executed instrument in writing, whether testamentary or otherwise, including a legally valid deed of waqf, who receive or are entitled to receive any income for, or on behalf or for the benefit, of any person shall be the representative in respect of such income; (d) a person who is treated under section 253 as an agent in relation to a non-resident, shall be the representative in respect of such income of the non-resident as is deemed to accrue or arise in Bangladesh under section 27.
Part 17: Agency, Representative And Related Matters
Section 253 (Persons to be treated as an agent.)
clause 1: For the purposes of this Act, the following persons shall, subject to the provisions of sub-sections
clause 2: and
clause 3: , be treated as agent in relation to a non-resident, namely: (a) any person in Bangladesh (i) who is employed by, or on behalf of, the non-resident; (ii) who has any business connection, with the non-resident, (iii) who holds, or controls the receipt or disposal of, any money belonging to the non-resident; (iv) who is a trustee of the non-resident; or (v) from or through whom the non-resident is in receipt of any income, whether directly or indirectly; (b) any person, whether a resident or non-resident, who has acquired, by means of transfer, a capital asset in Bangladesh from a person residing outside Bangladesh; (c) any person who, for any other reasonable cause, is declared or treated as an agent of the non-resident.
clause 2: An independent broker in Bangladesh, who, in respect of any transaction, does not deal directly with, or on behalf of, a non-resident principal but deals with, or through, a non-resident broker, shall not be treated as an agent in relation to a non-resident in respect of such transaction, if (a) the transaction is carried on in the ordinary course of business through the non-resident broker; and (b) the non-resident broker is carrying on such transaction in the ordinary course of business.
clause 3: No person shall be treated under this Act as an agent in relation to a non-resident unless he has been given by the Deputy Commissioner of Taxes and opportunity of being heard.
Part 17: Agency, Representative And Related Matters
Section 254 (Right of representative to recover tax paid.)
clause 1: A representative who, on account of his liability under section 252, pays any sum, shall be entitled to recover the sum so paid from the person on whose behalf it paid or to retain out of any money that may be in his possession or may come to him in his possession or may come to him in his capacity as a representative, an amount equivalent to the sum so paid.
clause 2: A representative, or any person who apprehends that he may be assessed as a representative, may retain out of any money payable to the person (hereinafter referred as the beneficiary) on whose behalf be is liable to tax under section 252, a sum not exceeding estimated liability.
clause 3: In the event of any disagreement between the beneficiary and the representative or, as the case may be, the person apprehensive of being assessed as representative as to the amount to be retained under sub-section
clause 2: , such representative or person may secure from the Deputy Commissioner of Taxes a certificate stating the amount to be so retained pending the settlement of the liability and the certificate so obtained shall be deemed to be a warrant for retaining that amount.
Part 17: Agency, Representative And Related Matters
Section 255 (Liability of firm or association for unrecoverable tax due from partners or members.)
clause 1: Where any tax payable by partner of a firm or a member of an association of persons in respect of his share of the income from the firm or association, as the case may be, cannot be recovered from him, the Deputy Commissioner of Taxes shall notify the amount of the tax to the firm or association of persons.
clause 2: Upon notification of the amount of tax under sub-section
clause 1: , the firm or association of persons so notified shall, notwithstanding anything contained in any other law for the time being in force, be liable to pay the said tax and shall, for the purposes of recovery thereof, deemed to be an assessee in respect of such tax, and the provisions of this Act shall apply accordingly.
Part 17: Agency, Representative And Related Matters
Section 256 (Liability of partners, etc. for discontinued business of a firm, etc.)
clause 1: Where any business or profession carried on by a firm or an association of persons has been discontinued, or where a firm or an association of persons is dissolved, assessment of the total income or the firm or association may be made as if no such discontinuance or dissolution had taken place; and all the provisions of this Act shall, so far as may be, apply accordingly.
clause 2: Where an assessment is made under sub-section
clause 1: in respect or a firm or an association of persons, every person who was a partner of the firm or member of the association at the time of discontinuance of business, or as the case may be, dissolution of the firm or association, and the legal representative of any such person who is deceased, shall be jointly and severally liable for the said tax found payable by the firm or association upon such assessment and shall, for the purpose of recovery of such tax, including penalty and other sum payable, be deemed to be an assessee; and the provisions of this Act shall apply accordingly.
Part 17: Agency, Representative And Related Matters
Section 257 (Liability of directors for unrecoverable tax of private companies.)
clause 1: Where any private company is wound up or has discontinued business for 3 (three) successive years and any tax assessed on the company, whether before, or in the course of, or after its liquidation, in respect of any income of any income year cannot be recovered, every person who was, at any time during the relevant income year, a director of that company, shall, notwithstanding anything contained in the Companies Act, 1994 (Act No. XVIII of 1994), be liable to pay the said tax and shall, for the purposes of recovery thereof, be deemed to be an assessee in respect of such tax; and the provisions of this Act shall apply accordingly.
clause 2: Notwithstanding the provisions of sub-section
clause 1: , the liability of any person there under in respect of the income of a private company shall cease if he proves to the Deputy Commissioner of Taxes that non-recovery of tax from the company cannot be attributed to any gross neglect, misfeasance or breach of any duty on his part in relation to affair of the company.
Part 17: Agency, Representative And Related Matters
Section 258 (Liability of liquidator for tax of private companies under liquidation.)
clause 1: A liquidator of a private company which is wound up, whether under the orders of a court or otherwise, shall, within 30 (thirty) days after he has become such liquidator, give notice of his appointment as such to the Deputy Commissioner of Taxes having jurisdiction to assess the company.
clause 2: The Deputy Commissioner of Taxes shall, after making such enquiries or, calling for such information as he may consider necessary, notify to the liquidator, within 3 (three) months of the date of receipt of the notice under sub- section
clause 1: , the amount which, in his opinion, would be sufficient to provide for any tax which is then, or is likely thereafter to become, payable by the company.
clause 3: On being notified under sub-section
clause 2: , the liquidator shall set aside an amount equal to the amount so notified and shall not, before be sets aside such amount, part with any of the assets of the company except for the purpose of payment of tax payable by the company or for making payment to secure such creditors as are entitled under the law to priority of payment over debts due to the Government on the date of liquidation.
clause 4: The liquidator shall be personally liable for payment of the tax on behalf of the company to the extent of the amount notified, under sub-section
clause 2: , if he (a) fails to give notice as required by sub-section
clause 1: ; or (b) contravenes the provisions of sub-section
clause 3: .
clause 5: Where more than one liquidator are appointed, the obligations and liabilities of a liquidator under this section shall attach to all the liquidators jointly and severally.
clause 6: This section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.
clause 7: In this section. liquidator includes any person who has been appointed to be receiver of the assets of the company under liquidation.
Part 18: Registration Of Assessee
Section 260 (Liability to tax in case of air transport business of non- residents.)
clause 1: Notwithstanding anything contained in this Act, where a non- resident person carries on the business of operation of aircraft, as the owner or charterer thereof (hereinafter in this section referred to as "the principal"), and any aircraft owned or chartered by him calls on any airport in Bangladesh, the aggregate of the receipts arising from the carriage of passengers, livestock, mail or goods loaded at the said airport into that aircraft shall be deemed to be income received in Bangladesh by the principal from the said business chargeable to tax under the head "Income from business", and tax thereon shall be charged at the rate of 3% (three percent) of such income.
clause 2: The principal or an agent authorized by him in this behalf shall prepare and furnish to the Deputy Commissioner of Taxes, within 45 (forty-five) days from the last day of each quarter of every financial year, that is to say, 30 September, 31 December, 31 March and 30 June, respectively, return in respect of each quarter as aforesaid showing (a) the amount paid or payable whether in or out of Bangladesh to the principal, or to any person on his behalf, on account of the carriage of passenger, livestock, mail or goods loaded at the said airport; and (b) the amount received, or deemed to be received, in Bangladesh by, or on behalf of, the principal on account of the carriage of passengers, livestock, mail or goods at any airport outside Bangladesh.
clause 3: On receipt of the return, the Deputy Commissioner of Taxes may, after calling for such particulars, accounts or documents, as he may require, determine the aggregate of the amounts referred to in sub-section
clause 2: , and charge tax as laid down in sub-section
clause 1: .
clause 4: Where, the principal fails to pay the tax payable under sub-section
clause 1: for more than 3 (three) months, the Commissioner of Taxes may issue to the authority by whom clearance may be granted to that aircraft, a certificate containing the name of the principal and the amount of tax payable by him, and on receipt of such certificate, the said authority shall refuse clearance from any airport in Bangladesh to any aircraft owned or chartered by such person until the tax payable has been paid.
clause 5: Nothing contained in this Act shall be so construed as to allow any expense against the aggregate amount of receipts as determined under sub- section
clause 3: .
clause 6: The tax paid under this section shall be deemed to be the final discharge of the tax liability of the assessee under this Act, and the assessee shall not be required to file the return of total income under section 1[166] nor shall he be entitled to claim any refund or adjustment on the basis of such return. 1 The figure 166 was substituted for the figure 167 by section 14(e) of the Finance Act, 2024 (Act No. V of 2024) with effect from 1st July 2024.
Part 18: Registration Of Assessee
Section 261 (Registration of assessee.)
clause 1: A person shall register himself as an assessee if he (a) is an assessee; (b) is liable to file a return under section 166; (c) is bound to furnish proof of submission of return under section 264; (d) is willing to pay tax or file return.
clause 2: The Board shall issue a Taxpayers Identification Number (TIN) to the registered assessee.
clause 3: The Board may, by general or special order, direct any TIN holder or class of persons to produce any information or documents for the purpose of up- gradation or re-registration.
clause 4: Where a person who is eligible to be a registered assessee under sub- section
clause 1: but fails to obtain a TIN upon registration, the Income Tax Authority may register such person and issue a TIN.
Part 18: Registration Of Assessee
Section 262 (Cancellation of registration of assessee.)
clause 1: A person shall apply for cancellation of registration, if such person (a) is no longer obliged to furnish proof of filing of return under section 264 and (i) is no longer defined as an assessee under clause
clause 22: of section 2; (ii) had zero taxable income for the past 3 (three) consecutive years and in future taxable income will be zero due to physical disability or any other reason; or (iii) no longer required to return under section 166; (b) ceases to exist due to death, termination, dissolution or similar; (c) leaves Bangladesh permanently and does not engage in any income-generating activities in Bangladesh; (d) duplicate registration or obtained registration mistakenly; (e) changes legal status; (f) shows any other lawful reason.
clause 2: On receipt of an application for cancellation of registration, the Income Tax Authority may, after scrutinizing the application, cancel the registration of the assessee, if he is satisfied that (a) there is no outstanding liability payable by the assessee; (b) no tax assessment is pending against the assessee; (c) no income tax dispute is pending in any forum; and (d) the reason given by the assessee for cancellation of registration under sub-section
clause 1: is true.
clause 3: The Board may, by its own discretion, cancel the registration of an assessee in the following cases, namely: (a) there is a ground for deregistration of an assessee under sub- sections
clause 1: and
clause 2: ; (b) there is a reasonable ground to believe that assessee has no income from an actual or legitimate source; (c) the registration is taken for the purpose of committing a financial crime or as part of a money laundering scheme; or (d) the information provided during the registration process was incorrect and untrue.
clause 4: The Board may retain all information and records of a deregistered assessee for such period as it thinks fit.
clause 5: For the purposes of this section, cancellation registration means to make a TIN inactive, dormant and unusable publicly, but does not include the deletion or erasure of information already obtained.
Part 18: Registration Of Assessee
Section 263 (Withholder Identification Number (WIN).)
clause 1: Every person liable to deduct or collect tax under Part 7 shall obtain a withholder identification number, hereinafter referred to as WIN, in the manner prescribed by the Board.
clause 2: Nothing in this section shall prevent any person referred to in sub- section
clause 1: from taking any action against him, including imposing personal liability, even if he does not receive WIN.
clause 3: Where a person is required to obtain WIN, but fails to do so, a Temporary Withholder Number (TWIN) shall be issued to such person in the manner prescribed by the Board.
Part 18: Registration Of Assessee
Section 264 (Obligation to file proof of submission of return.)
clause 1: Notwithstanding anything contained in this Act, a person shall be required to furnish a proof of submission of return in the cases mentioned in sub-section
clause 3: .
clause 2: Proof of submission of return means (a) a certificate or acknowledgment receipt of return; (b) a system generated certificate containing name of assessee, TIN and the assessment year; or (c) a certificate issued by the Deputy Commissioner of Taxes containing assessee's name, TIN and the assessment year.
clause 3: The proof of submission of return shall be furnished in the following cases, namely:
Part 18: Registration Of Assessee
Section 45 (availing services from community centres, convention halls located in the city corporation area or any similar services;] (4) The Board may, by a general or special order, exempt any person from furnishing proof of submission of return. 1 The semi-colon ; was substituted for full-stop . by section 72 of the Finance Act, 2024 (Act No.)
clause 5: The person responsible for processing any nomination application, or approving any license, certificate, membership, permission, admission, agency or distributorship, sanctioning any loan, issuing any credit card, allowing connection or operation, executing registration or making any payment shall not so process, approve, sanction, issue, allow, execute or make payment, as the case may be, unless the proof of submission of return is furnished or the person who is required to furnish the proof of submission of return provides a certificate from the Board that he is exempted from furnishing such proof.
clause 6: The person to whom the proof of submission of return is furnished shall verify the authenticity of it in such manner as may be specified by the Board.
clause 7: Where the proof of return submission is mandatory, the person responsible for processing any application or nomination, or approving any license, certificate, membership, permission, admission, agency or distributorship, sanctioning any loan, issuing any credit card, allowing connection or operation, executing registration or making any payment, as the case may be, shall ensure submission of proof of return, and if he fails to verify the authenticity of proof of return submitted, shall be liable to pay a penalty not exceeding Taka 10 (ten) lakh as imposed by the Deputy Commissioner of Taxes.
clause 8: No penalty under this section shall be imposed upon a person without giving a reasonable opportunity of being heard.
clause 9: A person, not being a natural person, incorporated, registered or formed, as the case may be, under any law or instruments having the force of law, instead of furnishing a proof of submission of return, shall furnish a certificate containing name and Assessees Identification Number (TIN) for following years (a) in the year of incorporation, registration or formation; and (b) in the year following the year of incorporation, registration or formation.
Part 19: Penalty
Section 265 (Displaying proof of submission of return.)
clause 1: An assessee having income from business, obliged to submit his return of income under this Act shall display the proof of submission of return at a conspicuous place of such assessee's business premises.
clause 2: Where an assessee fails to comply with the provision of sub-section
clause 1: , he shall be liable to pay a penalty of minimum Taka 1[20 (twenty) thousand and not exceeding Taka 50 (fifty) thousand] as imposed by the Deputy Commissioner of Taxes. 1 The figures, words and brackets 20 (twenty) thousand and not exceeding Taka 50 (fifty) thousand were substituted for the figures, words and brackets 5 (five) thousand and not exceeding 20 (twenty) thousand by section 73 of the Finance Act, 2024 (Act No. V of 2024) with effect from 1st July 2024. 10648
Part 19: Penalty
Section 266 (Penalty for failure to file return, etc.)
clause 1: Where any person has, without reasonable cause, failed to file a return of income required by or under sections 166, 172, 191, 193 or 212, the Deputy Commissioner of Taxes may impose upon such person a penalty amounting to 10% (ten percent) of tax imposed on last assessed income which shall be a minimum of Taka 1 (one) thousand, and in the case of a continuing default, a further penalty of Taka 50 (fifty) for every day during which the default continues: Provided that such penalty shall not exceed (a) in case of a assessee, being an individual, whose income was not assessed previously, Taka 5 (five) thousand; (b) in case of a assessee, being an individual, whose income was assessed previously, 50% (fifty percent) of the tax payable on the last assessed income or Taka 1 (one) thousand, whichever is higher.
clause 2: Where any person has, without reasonable cause, (a) failed to file or furnish any return, or information required under section 177, the Deputy Commissioner of Taxes may impose a penalty amounting to 10% (ten percent) of tax imposed on last assessed income or Taka 5 (five) thousand, whichever is higher, and in the case of a continuing default, a further penalty of Taka 1 (one) thousand for every month or fraction thereof during which the default continues; (b) failed to furnish any certificate required under section 145, the Deputy Commissioner of Taxes may impose a penalty amounting up to Taka 5 (five) thousand, and in the case of a continuing default, a further penalty of Taka 1 (one) thousand for every month or fraction thereof during which the default continues; (c) fails to file or furnish any information as required under section 200, in which case the Income-tax authority requiring the information under section 200, may impose a penalty amounting up to Taka 50 (fifty) thousand, and in the case of a continuing default, a further penalty of Taka 500 (five hundred) for every day during which the default continues.
Part 19: Penalty
Section 267 (Penalty for not maintaining accounts in the prescribed manner.)
clause 1: Where any person, not having income from tangible property, has, without reasonable cause, failed to comply with the provisions of any order or rule made in pursuance of, or for the purposes of sub-section
clause 3: of sectiohn 72, the Deputy Commissioner of Taxes, may impose upon him a penalty in the following manner, namely: (a) an amount not exceeding one and a half times the amount of tax payable by him; and (b) Taka 5 (five) thousand where the total income of such person does not exceed the tax free limit.
clause 2: Where any person, having income from tangible property, has, without reasonable cause, failed to comply with the provisions of any order or rule made in pursuance of, or for the purposes of sub-section
clause 3: of section 72, the Deputy Commissioner of Taxes, may impose upon him a penalty of 50% (fifty percent) of taxes payable on tangible property income or 5 (five) thousand Taka, whichever is higher.
Part 19: Penalty
Section 272 (Penalty for concealment of income.)
clause 1: Where, in the course of any proceeding under this Act, the proceeding conducting Authority is satisfied that any person has, either in the said proceeding or in any earlier proceeding relating to an assessment in respect of the same income year, has evaded tax payable under this Act by misrepresenting particulars of income, assets, liabilities, expenses or other important information relating to the payable tax of the assessee, the proceedings conducting authority shall impose on the said person a penalty equal to A + B, where A= amount of tax evaded x 15%, B= amount of tax evaded x 10% x C, C= the total number of years from the assessment year in which the evasion occurred to the assessment year in which the evasion was discovered.
clause 2: For the purposes of this section, (a) Proceeding conducting Authority means (i) income tax authority not below the rank of Deputy Commissioner of Taxes; and (ii) Taxes Appellate Tribunal; (b) amount of tax evaded" means C-D in any assessment year, where C= taxes and other amount payable in any assessment year, if income, assets, liabilities, expenses or any other important information were not misrepresented, D= amount actually paid in the relevant assessment year.
Part 20: Revision, Appeal And Reference
Chapter I: Revision
Section 284 (Revision of penalty based on the revised amount of income.)
clause 1: Where a penalty imposed under this Part is directly related to the amount of income assessed under the provision of this Act and the amount of income is revised subsequently by an order made under this Act, the Deputy Commissioner of Taxes shall pass an order revising the order of penalty at the time of revising the income.
clause 2: No order of enhancement of penalty shall be made unless the parties affected thereby have been given a reasonable opportunity of being heard.
clause 3: Where, in the case mentioned in sub-section
clause 1: , an order of the revision of penalty is not issued despite the fact that the relevant assessment order has been revised, the person affected may make an application to the Deputy Commissioner of Taxes requesting the revision of the amount of penalty and if no order has been made by within 180 (one hundred eighty) days from the receipt of such application, the amount of penalty shall be deemed to have been revised according to the revised amount of income and all the provisions of this Act shall have effect accordingly.
Part 20: Revision, Appeal And Reference
Chapter I: Revision
Section 285 (Revisional Power of Commissioner.)
clause 1: The Commissioner may on an application made by the assessee, call for the record of any proceeding under this Act in which an order has been passed by any authority subordinate to him and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the interest of the assessee, as he thinks fit.
clause 2: The application for revision of an order under this Act passed by any authority subordinate to the Commissioner shall be made within 60 (sixty) days of the date on which such order is communicated to the assessee or within such further period as the Commissioner may consider fit to allow on being satisfied that the assessee was prevented by sufficient cause from making the application within the said 60 (sixty) days.
clause 3: The Commissioner shall not exercise his power under sub-section
clause 1: in respect of any order (a) where an appeal against the order lies to the Additional Commissioner of Taxes (Appeals) or to the Commissioner of Taxes (Appeals) or to the Appellate Tribunal and the time within which such appeal may be made has not expired or the assessee has not waived his right of appeal; and (b) where the order is pending on an appeal before the Additional Commissioner of Taxes (Appeals) or the Commissioner of Taxes (Appeals) or to the Appellate Tribunal. 1[
clause 4: No application under sub-section
clause 1: shall be entertained, unless (a) it is accompanied by a fee of Taka 200 (two hundred); and (b) admitted tax liability has been paid.] Explanation.The undisputed portion of the tax means the tax payable under section 173.
clause 5: For the purposes of this section, an order by the Commissioner declining to interfere shall not be construed as an order prejudicial to the assessee. 1 Sub-section
clause 4: was substituted by section 76 of the Finance Act, 2024 (Act No. V of 2024) with effect from 1st July 2024.
clause 6: Notwithstanding anything contained in this Act, an application for revision made under sub-section
clause 1: shall be deemed to have been allowed if the Commissioner fails to make an order thereon within a period of 60 (sixty) days from the date of filing the application.
clause 7: For the purposes of this section, the Additional Commissioner of Taxes (Appeals) shall be deemed to be an authority subordinate to the Commissioner to whom the Deputy Commissioner of Taxes, whose order was the subject-matter of the appeal order under revision, is subordinate. CHAPTER II APPEAL AND REFERENCE