INCOME TAX BD

The Income Tax Ordinance, 1984 - Index

Amended up-to July, 2012.
  1. CHAPTER -I
    PRELIMINARY         
    1. 1. Short Title And Commencement.
    2. 2. Definitions.
  2. CHAPTER -II
    ADMINISTRATION
    1. 3. Income Tax Authorities.
    2. 4. Appointment Of Income Tax Authorities.
    3. 4A. Delegation Of Powers.
    4. 5. Subordination And Control Of Income Tax Authorities.
    5. 6. Jurisdiction Of Income Tax Authorities.
    6. 7. Exercise Of Jurisdiction By Successor.
    7. 8. Officers, Etc. To Follow Instructions Of The Board.
    8. 9. Guidance To The Deputy Commissioner Of Taxes, Etc.
    9. 10. Exercise Of Assessment Functions By The Inspecting Joint Commissioners And The Inspecting Additional Commissioners.
  3. CHAPTER -III
    TAXES APPELLATE TRIBUNAL
    1. 11. Establishment Of Appellate Tribunal.
    2. 12. Exercise Of Power Of The Tribunal By Benches.
    3. 13. Decision Of Bench.
    4. 14. Exercise Of Power By One Member.
    5. 15. Regulation Of Procedure.
  4. CHAPTER IV
    CHARGE OF INCOME TAX
    1. 16. Charge Of Income Tax.
    2. 16A. Charge Of Surcharge.
    3. 16B. Charge Of Income Tax.
    4. 16C. Charge Or Excess Profit Tax.
    5. 16CC. [Omitted]
    6. 16CCC. Charge of minimum tax.
    7. 16D. [Omitted]
    8. 16E. Charge of tax on sale of share at a premium over face value.
    9. 17. Scope Of The Total Income.
    10. 18. Income Deemed To Accrue Or Arise In Bangladesh.
    11. 19. Un-Explained Investments, Etc., Deemed To Be Income.
    12. 19A. Special Tax Treatment In Respect Of Investment In New Industry.
    13. 19AA. Special Tax Treatment In Certain Cases Of Investment.
    14. 19AAA. Special Tax Treatment In Respect Of Investment In The Purchase Of Stocks And Shares.
    15. 19B. [Omitted]
    16. 19BB. [Omitted]
    17. 19BBB. [Omitted]
    18. 19BBBB. Special Tax Treatment In Respect Of Investment In House Property.
    19. 19C. Special tax treatment in respect of investment in the purchase of bond under Bangladesh Infrastructure Finance Fund.
    20. 19D. Special tax treatment in respect of investment in the purchase of Bangladesh Government Treasury Bond.
    21. 19E. Voluntary disclosure of income.
  5. CHAPTER V
    COMPUTATION OF INCOME
    1. 20. Heads Of Income.
    2. 21. Salaries.
    3. 22. Interest On Securities.
    4. 23. Deduction From Interest On Securities.
    5. 24. Income From House Property.
    6. 25. Deductions From Income From House Property.
    7. 26. Agricultural Income.
    8. 27. Deductions From Agricultural Income.
    9. 28. Income From Business Or Profession.
    10. 29. Deduction From Income From Business Or Profession.
    11. 30. Deduction Not Admissible In Certain Circumtances.
    12. 30a. Provision For Disallowance.
    13. 31. Capital Gains.
    14. 32. Computation Of Capital Gains.
    15. 33. Income From Other Sources.
    16. 34. Deductions From Income From Other Sources.
    17. 35. Method Of Accounting.
    18. 36. Allocation Of Income From Royalties, Literary Works, Etc.
    19. 37. Set Of Losses.
    20. 38. Carry Forward Of Business Losses.
    21. 39. Carry Forward Of Loss In Speculation Business.
    22. 40. Carry Forward Of Loss Under The Head "Capital Gains".
    23. 41. Carry Forward Of Loss Under The Head "Agricultural Income".
    24. 42. Conditions And Limitations Of Carry Forward Of Loss, Etc.
    25. 43. Computation Of Total Income.
  6. CHAPTER VI
    EXEMPTIONS AND ALLOWANCES
    1. 44. Exemption.
    2. 45. Exemption Of Income Of An Individual Undertaking.
    3. 46. Exemption Of Income Of A Tourist Industry.
    4. 46A. Exemption From Tax Of Newly Established Industrial Undertakings, Etc. In Certain Cases.
    5. 46B. Exemption From Tax Of Newly Established Industrial Undertakings Set-Up Between The Period Of July, 2008 To June, 201, Etc. In Certain Cases.
    6. 46C. Exemption from tax of newly established physical infrastructure facility set up between the period of July, 2011 and June, 2013, etc. in certain cases.
    7. 47. Exemption Of Income Of Co-Operative Societies.
  7. CHAPTER VII
    PAYMENT OF TAX BEFORE ASSESSMENT
    1. 48. Deduction At Source And Advance Payment Of Tax.
    2. 49. Income Subject To Deduction At Source.
    3. 50. Deduction At Source From Salaries.
    4. 50A. Deduction At Source From Discount Of The Real Value Of Bangladesh Bank Bills.
    5. 50B. Deduction of tax from payment of remuneration to Members of Parliament.
    6. 51. Deduction At Source From Interest On Securities.
    7. 51A. Deduction At Source From Interest On Fixed Deposits.
    8. 52. Deduction From Payment To Contractors, Etc.
    9. 52A. Deduction At Source From Fees For Professional And Technical Services.
    10. 52AA. Deduction From The Payment Of Certain Services.
    11. 52AAA. Collection Of Tax From Clearing And Forwarding Agents.
    12. 52B. Collection Of Tax From Cigarette Manufacturers.
    13. 52C. Deduction At Source From Compensation Against Acquisition Of Property.
    14. 52D. Deduction At Source From Interest On Saving Instruments.
    15. 52E. Collection Of Tax On Account Of Bonus.
    16. 52F. Collection Of Tax From Brick Manufacturers.
    17. 52G. Deductions From Fees For Services Rendered By Doctors.
    18. 52H. Collection Of Tax From Persons Engaged In The Real Estate Business.
    19. 52I. Deduction From The Commission Of Letter Of Credit.
    20. 52J. Collection Of Tax From Trave; Agent.
    21. 52K. Collection Of Tax By City Corporation Or Pourashava At The Time Of Renewal Of Trade License.
    22. 52L. Collection Of Tax On Account Of Trustee Fees.
    23. 52M. Collection Of Tax From Freight Forward Agency Commission.
    24. 52N. Collection Of Tax On Account Of Rental Power.
    25. 52O. Collection Of Tax From A Foreign Technician Serving In A Diamond Cutting Industry.
    26. 52P. Deduction of tax for services from convention hall, conference centre, etc.
    27. 52Q. Deduction of tax from resident for any income in connection with any service provided to any foreign person.
    28. 52R. Deduction of tax from international gateway service in respect of phone call.
    29. 53. Collection Of Tax From Importers And Exporters.
    30. 53A. Deduction At Source From House Property.
    31. 53AA. Deduction At Source From Shipping Business Of A Resident.
    32. 53B. Deduction Of Tax From Income Derived On Account Of Export Of Manpower.
    33. 53BB. Collection Of Tax From Export Of Certain Items.
    34. 53BBB. Collection Of Tax From Member Of Stock Exchange.
    35. 53BBBB. Collection Of Tax From Export Of Any Goods Except Certain Items.
    36. 53C. Collection Of Tax On Sale Price Of Goods Or Property Sold By Public Auction.
    37. 53CC. Deduction Or Collection Of Tax At Source From Courier Business Of A Non-Resident.
    38. 53D. Deduction From Payment To Actors And Actress.
    39. 53DD. [Omitted]
    40. 53DDD. Deduction of tax at source from export cash subsidy.
    41. 53E. Deduction Or Collection At Source From Commission, Discount Of Fees.
    42. 53EE. Deduction Of Tax From Commission Or Remuneration Paid To Agent Of Foreign Buyer.
    43. 53F. Deduction At Source From Interest On Saving Deposits And Fixed Deposits, Etc.
    44. 53FF. Collection Of Tax From Persons Engaged In Real Estate Or Land Development Business.
    45. 53G. Deduction At Source From Insurance Commission.
    46. 53GG. Deduction At Source From Fees, Etc. Of Surveyors Of General Insurance Company.
    47. 53GGG. [Omitted]
    48. 53H. Collection Of Tax On Transfer, Etc. Of Property.
    49. 53I. Deduction At Source From Interest On Deposit Of Post Office Savings Bank Account.
    50. 53J. Deduction At Source From Rental Value Of Vacant Land Or Plant Or Machinery.
    51. 53K. Deduction Of Tax From Advertising Bill Of Newspaper Of Magazine Or Private Television Channel.
    52. 53L. Collection of tax from sale of share in a premium over face value.
    53. 53M. Collection of tax from transfer of securities or mutual fund units by sponsor shareholders of a company etc.
    54. 54. Deduction Of Tax From Dividends.
    55. 55. Deduction From Income From Lottery, Etc.
    56. 56. Deduction From Income Of Non-Residents.
    57. 57. Consequences Of Failure To Deduct, Etc.
    58. 58. Certificate Of Deduction, Etc, Of Tax.
    59. 59. Payment To Government Of Tax Deducted.
    60. 60. Unauthorized Deduction Prohibited.
    61. 61. Power To Levy Tax Without Prejudice To Other Mode Of Recovery.
    62. 62. Credit Of Tax Deducted Or Collected At Source.
    63. 62A. Procedure Of Deduction Or Collection Of Tax At Source.
    64. 63. Payment Of Tax Where No Deduction Is Made.
    65. 64. Advance Payment Of Tax.
    66. 65. Computation Of Advance Tax.
    67. 66. Installments Of Advance Tax.
    68. 67. Estimate Of Advance Tax.
    69. 68. Advance Payment Of Tax By New Assessees.
    70. 69. Failure To Pay Installments Of Advance Tax.
    71. 70. Levy Of Interest For Failure To Pay Advance Tax.
    72. 71. Credit Of Advance Tax.
    73. 72. Interest Payable By Government On Excess Payment Of Advance Tax.
    74. 73. Interest Payable By The Assessee On Deficiency In Payment Of Advance Tax.
    75. 74. Payment Of Tax On Basis Of Return.
  8. CHAPTER VIII
    RETURN AND STATEMENT
    1. 75. Return Of Income.
    2. 75A. Return of withholding tax.
    3. 75B. Obligation to furnish Annual Information Return.
    4. 75C. Concurrent jurisdiction.
    5. 76. Certificate In Place Of Return.
    6. 77. Notice For Filing Return.
    7. 78. Filing Of Revised Return.
    8. 79. Production Of Accounts And Documents.
    9. 80. Statement Of Assets, Liabilities And Life Style.
  9. CHAPTER IX
    ASSESSMENT
    1. 81. Provisional Assessment.
    2. 82. Assessment On Correct Return.
    3. 82A. Assessment Under Simplified Procedure.
    4. 82B. [Omitted]
    5. 82BB. Universal Self Assessment.
    6. 82C. Tax On Income Of Certain Persons.
    7. 82D. Spot Assessment.
    8. 83. Assessment After Hearing.
    9. 83A. [Omitted]
    10. 83AA. [Omitted]
    11. 83AAA. Assessment On The Basis Of Report Of A Chartered Accountant.
    12. 84. Best Judgement Assessment.
    13. 84A. [Omitted]
    14. 85. Special Provisions Regarding Assessment Of Firms.
    15. 86. Assessment In Case Of Change In The Constitution Of A Firm.
    16. 87. Assessment In Case Of Constitution Of New Successor Firm.
    17. 88. Assessment In Case Of Succession To Business Otherwise Than On Death.
    18. 89. Assessment In Case Of Discontinued Business.
    19. 90. Assessment In Case Of Partition Of A Hindu Undivided Family.
    20. 91. Assessment In Case Of Persons Leaving Bangladesh.
    21. 92. Assessment In Case Of Income Of A Deceased Person.
    22. 93. Assessment In Case Of Income Escaping Assessment, Etc.
    23. 94. Limitation Of Assessment.
    24. 94A. [Omitted]
  10. CHAPTER X
    LIABILITY IN SPECIAL CASES
    1. 95. Liability Of Representative In Certain Cases.
    2. 96. Persons To Be Treated As Agent.
    3. 97. Right Of Representative To Recover Tax Paid.
    4. 98. Liability Of Firm Or Association For Unrecoverable Tax Due From Partners Or Members.
    5. 99. Liability Of Partners, Etc., For Discontinued Business Of A Firm, Etc.
    6. 100. Liability Of Directors For Unrecoverable Tax Of Private Companies.
    7. 101. Liability Of Liquidator For Tax Of Private Companies Under Liquidation.
    8. 102. Liability To Tax In Case Of Shipping Business Of Non-Resident.
    9. 103. [Omitted]
    10. 103A. Liability To Tax In Case Of Air Transport Business Of Non-Residents.
  11. CHAPTER XI
    SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX
    1. 104. Avoidance Of Tax Through Transactions With Non-Residents.
    2. 105. Avoidance Of Tax Through Transfer Of Assets.
    3. 106. Avoidance Of Tax By Transactions In Securities.
    4. 107. Tax Clearance Certificate Required For Persons Leaving Bangladesh.
  12. CHAPTER XIA
    Transfer Pricing
    1. 107A. Definitions.-
    2. 107B. Determination of income from international transaction having regard to arm's length price.-
    3. 107C. Computation of arm's length price.-
    4. 107D. Reference to Transfer Pricing Officer.-
    5. 107E. Maintenance and keeping of information, documents and records.-
    6. 107F. Report from an accountant to be furnished.-
    7. 107G. Penalty for failure to keep, maintain or furnish information, documents or records to the Deputy Commissioner of Taxes.-
    8. 107H. Penalty for failure to comply with the notice or requisition under section 107C.-
    9. 107I. Penalty for failure to furnish report under section 107F.-
    10. 107J. Applicability of this Chapter.-
  13. CHAPTER XII
    REQUIREMENT OF FURNISHING CERTAIN INFORMATION
    1. 108. Information Regarding Payment Of Salary.
    2. 109. Information Regarding Payment Of Interest.
    3. 110. Information Regarding Payment Of Dividend.
  14. CHAPTER XIII
    REGISTRATION OF FIRMS
    1. 111. [Omitted]
  15. CHAPTER XIV
    POWERS OF INCOME TAX AUTHORITIES
    1. 112. Powers Under This Chapter Not To Prejudice Other Powers.
    2. 113. Power To Call For Information.
    3. 114. Power To Inspect Registers Of Companies.
    4. 115. Power Of Survey.
    5. 116. Additional Powers Of Enquiry And Production Of Documents.
    6. 117. Power Of Search And Seizure.
    7. 117A. Power To Verify Deduction Or Collection Of Tax.
    8. 118. Retention Of Seized Assets.
    9. 119. Application Of Retained Assets.
    10. 120. Power Of Inspecting Joint Commissioner To Revise Orders Of Deputy Commissioner Of Taxes.
    11. 121. [Omitted]
    12. 121A. Revisional Power Of Commissioner.
    13. 122. Power To Take Evidence On Oath, Etc.
  16. CHAPTER XV
    IMPOSITION OF PENALTY
    1. 123. Penalty For Not Maintaining Accounts In The Prescribed Manner.
    2. 124. Penalty For Failure To File Return, Etc.
    3. 124A. Penalty for using fake Tax-payer's Identification Number.
    4. 125. Failure To Pay Advance Tax, Etc.
    5. 126. Penalty For Non-Compliance With Notice.
    6. 127. Failure To Pay Tax On The Basis Of Return.
    7. 128. Penalty For Concealment Of Income.
    8. 129. [Omitted]
    9. 130. Bar To Imposition Of Penalty Without Hearing.
    10. 131. Previous Approval Of Inspecting Joint Commissioner For Imposing Penalty.
    11. 131A. [Omitted]
    12. 132. Orders Of Appellate Joint Commissioner, Etc., To Be Sent To Deputy Commissioner Of Taxes.
    13. 133. Penalty To Be Without Prejudice To Other Liability.
  17. CHAPTER XVI
    RECOVERY OF TAX
    1. 134. Tax To Include Penalty, Interest, Etc.
    2. 135. Notice Of Demand.
    3. 136. [Omitted]
    4. 137. Penalty For Default In Payment Of Tax.
    5. 138. Certificate For Recovery Of Tax.
    6. 139. Method Of Recovery By Tax Recovery Officer.
    7. 140. Power Of Withdrawal Of Certificate And Stay Of Proceeding.
    8. 141. Validity Of Certificate For Recovery Not Open To Dispute.
    9. 142. Recovery Of Tax Through Collector Of District.
    10. 142A. Recovery Of Tax Through Special Magistrates.
    11. 143. Other Modes Of Recovery.
  18. CHAPTER XVII
    DOUBLE TAXATION RELIEF
    1. 144. Agreement To Avoid Double Taxation.
    2. 145. Relief In Respect Of Income Arising Outside Bangladesh.
  19. CHAPTER XVIII
    REFUNDS
    1. 146. Entitlement To Refund.
    2. 147. Claim Of Refund For Deceased Of Disabled Persons.
    3. 148. Correctness Of Assessment, Etc., Not To Be Questioned.
    4. 149. Refund On The Basis Of Orders In Appeal.
    5. 150. Form Of Claim And Limitation.
    6. 151. Interest On Delayed Refund.
    7. 152. Adjustment Of Refund Against Tax.
  20. CHAPTER XVIIIA
    SETTLEMENT OF CASES
    1. 152A. [Omitted]
    2. 152B. [Omitted]
    3. 152C. [Omitted]
    4. 152D. [Omitted]
    5. 152E. [Omitted]
  21. CHAPTER XVIIIB
    ALTERNATIVE DISPUTE RESOLUTION
    1. 152F. Alternative Dispute Resolution.
    2. 152G. Commencement of ADR.
    3. 152H. Definition.
    4. 152I. Application for alternative resolution of disputes.
    5. 152II. Stay of proceeding in case of pending appeal or reference at Appellate Tribunal or High Court Division.
    6. 152J. Eligibility for application for ADR.
    7. 152K. Appointment of Facilitator and his duties and responsibilities.
    8. 152L. Rights and duties of the assessee for ADR.
    9. 152M. Nomination and responsibility of the Commissioner's Representative in ADR.
    10. 152N. Procedures of disposal by the Alternative Dispute Resolution.
    11. 152O. Decision of the ADR.
    12. 152P. Effect of agreement.
    13. 152Q. Limitation for appeal where agreement is not concluded.
    14. 152R. Post verification of the agreement.
    15. 152S. Bar on suit or prosecution.
  22. CHAPTER XIX
    APPEAL AND REFERENCE
    1. 153. Appeal Against Order Of Deputy Commissioner Of Taxes And Inspecting Joint Commissioner.
    2. 154. Form Of Appeal And Limitation.
    3. 155. Procedure In Appeal Before The Appellate Joint Commissioner Or The Commissioner [Appeals].
    4. 156. Decision In Appeal By The Appellate Joint Commissioner Or Commissioner [Appeals].
    5. 157. Appeal Against Order Of Tax Recovery Officer.
    6. 158. Appeal To The Appellate Tribunal.
    7. 159. Disposal Of Appeal By The Appellate Tribunal.
    8. 160. Reference To The High Court Division.
    9. 161. Decision Of The High Court Division.
    10. 162. Appeal To The Appellate Division.
  23. CHAPTER XX
    PROTECTION OF INFORMATION
    1. 163. Statements, Returns, Etc., To Be Confidential.
  24. CHAPTER XXI
    OFFENCES AND PROSECUTION
    1. 164. Punishment For Non-Compliance Of Certain Obligations.
    2. 165. Punishment For False Statement In Verification, Etc.
    3. 165A. Punishment for improper use of Tax-payer's Identification Number.
    4. 165B. Punishment for obstructing an income tax authority.
    5. 166. Punishment For Concealment Of Income, Etc.
    6. 167. Punishment For Disposal Of Property To Prevent Attachment.
    7. 168. Punishment For Disclosure Of Protected Information.
    8. 169. Sanction For Procecution.
    9. 170. Power To Compound Offences.
    10. 171. Trial By Special Judge.
  25. CHAPTER XXII
    MISCELLANEOUS
    1. 172. Relief When Salary, Etc. Is Paid In Arrear Or Advance.
    2. 173. Correction Of Errors.
    3. 173A. Place Of Assessment.
    4. 174. Appearance By Authorised Representative.
    5. 175. Tax To Be Calculated To Nearest Taka.
    6. 176. Receipts To Be Given.
    7. 177. Computation Of The Period Of Limitation.
    8. 178. Service Of Notice.
    9. 179. Certain Errors Not To Vitiate Assessment, Etc.
    10. 180. Proceeding Against Companies Under Liquidation.
    11. 181. Indemnity.
    12. 182. Bar Of Suits And Procecution, Etc.
    13. 183. Ordinance To Have Effect Pending Legislative Provision For Charge Of Tax.
    14. 184. [Omitted]
    15. 184A. Requirement Of Certificate In Certain Cases.
    16. 184AA. Tax-Payer's Identification Number [Tin] In Certain Documents, Etc.
    17. 184B. Tax-Payer's Identification Number.
    18. 184BB. Tax Collection Account Number.
    19. 184BBB. Unified Taxpayer's Identification Number [Utin].
    20. 184BBBB. Issuance of Temporary Registration Number (TRN).
    21. 184C. Displaying Of Tax Payer's Identification Number Certificate.
    22. 184D. Reward For Collection And Detection Of Evasion Of Taxes.
    23. 184E. Assistance to income tax authorities.
    24. 184F. Ordinance to override other laws.
  26. CHAPTER XXIII
    RULES AND REPEAL
    1. 185. Power To Make Rules.
    2. 186. Repeal And Savings.
    3. 187. Removal Of Difficulties.
  27. THE FIRST SCHEDULE (PART A)
  28. THE FIRST SCHEDULE (PART B)
  29. THE FIRST SCHEDULE (PART C)
  30. THE SECOND SCHEDULE
  31. THE THIRD SCHEDULE
  32. THE FOURTH SCHEDULE
  33. THE FIFTH SCHEDULE (PART A)
  34. THE FIFTH SCHEDULE (PART B)
  35. THE SIXTH SCHEDULE (PART A)
  36. THE SIXTH SCHEDULE (PART B)
  37. THE SEVENTH SCHEDULE
  38. THE EIGHTH SCHEDULE

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