75. Return of income.-

CHAPTER VIII
RETURN AND STATEMENT

 

 75. Return of income.-

¹[(1) Subject to the provisions of sub-section (2), every person shall file or cause to be filed, with the Deputy Commissioner of Taxes, a return of income of the income year-

[(a) if the total income of the person during the income year exceeds the maximum amount that is not chargeable to tax under this Ordinance; or

(b) if such person was assessed to tax for any one of the three years immediately preceding that income year; or

(c) if the person is-

(i) a company; or
(ii) a non-government organization registered with NGO Affairs Bureau; or
(iii) a co-operative society; or
(iv) a firm; or
(v) an association of persons; or
(vi) a shareholder director or a shareholder employee of a company; or
(vii) a partner of a firm; or
(viii) an employee of the government or an authority corporation, body or units of the government or formed by any law, order or instrument being in force, if the employee, at any time in the income year, draws a basic salary of taka sixteen thousand or more; or                                                                                       (ix)  ²[an employee holding an executive or a management position in a business or profession; or] 

(x) a Micro Credit Organisation having licence with Micro Credit Regulatory Authority; or

(ix) a non-resident having parmanent establishment in Bangladesh ]

 

(d) if the person, not being an institution established solely for charitable purpose or a fund, has an income during the income year which is subject to tax exemption or lower tax rate under section 44; or
(e) if the person, at any time during the relevant income year fulfills any of the following conditions, namely:-

(i) owns a motor car; or
(ii) owns a membership of a club registered under ³[any law governing value added tax] 
(iii) runs any business or profession having trade license from a city corporation, a paurashava or a union parishad; or
(iv) has registered with a recognized professional body as a doctor, dentist, lawyer, chartered accountant, cost and management accountant, engineer, architect or surveyor or any other similar profession; or
(v) has registered with the Board as an income tax practitioner; or
(vi) has a membership of a chamber of commerce and industries or a trade association or body; or
(vii) runs for an office of any paurashava, city corporation, or a Member of Parliament;⁴[or]
(viii) participates in a tender floated by the government, semi-government, autonomous body or a local authority; or
(ix) serves in the board of directors of a company or a group of companies ⁵[; or

“(x) participates in a shared economic activities by providing motor vehicle, space, accommodation or any other assets; or “

(xi) owns any licensed arms; or

⁶[“(f) if such person is required to have Twelve-Digit Taxpayer’s Identification Number under section 184A]

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.

(2) A return of income shall not be mandatory for-

(i) an educational institution receiving government benefits under Monthly Payment Order (MPO); or
(ii) a public university; or
(iii) a fund; or
(iv) any class of persons which the Board, by order in official gazette, exempt from filing the return. ⁷[or

“(v) an individual assessee who has no taxable income but who is required to have Twelve-Digit Taxpayer’s Identification Number under section 184A for selling a land; or

(vi) an individual assessee who has no taxable income but who is required to have Twelve-Digit Taxpayer’s Identification Number under section 184A for obtaining a credit card.”। ]

(3)Subject to the provision of sub-section (4), the return under sub-section (1) shall be-

(a) furnished in the prescribed form setting forth therein such particulars and information, and accompanied by such schedules, statements, accounts, annexures or documents as may be prescribed;
(b) signed and verified-

(i) 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 authorized 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;
(ii) in the case of a 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;
(iii) in the case of a company or a local authority, by the principal officer thereof;
(iv) in the case of a firm, by any partner thereof, not being a minor;
(v) in the case of any other association, by any member of the association or the principal officer thereof;
(vi) in the case of any other person, by that person or by any person competent to act on his behalf;

(c) accompanied by-

(i) in the case of individual, statements of assets, liabilities and life style as required under section 80;
(ii) in the case of a company, an audited statement of accounts and a computation sheet explaining the difference between the profit or loss shown in the statement of accounts and the income shown in the return.

(4) The Board may, by notification in the official Gazette,-

(a) specify that any return required to be filed under this section shall be filed electronically or in any other machine readable or computer readable media;
(b) specify the form and the manner in which such electronic, machine readable or computer readable returns shall be filed.

(5) Every return under this section shall be filed, unless the date is extended under sub-section (6), on or before the Tax Day:
Provided that an individual being Government official engaged in highere ⁷[deducation or training on deputation or leave] 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 this return to Bangladesh.

(6) The last date for the submission of a return for a person may be extended by the Deputy Commissioner of Taxes upon the application by the person in the prescribed form:
Provided that the Deputy Commissioner of Taxes may extend the date up to two months from the date so specified and he may further extend the date up to two months with the approval of the Inspecting Joint Commissioner.]

 

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¹ Subs. by F.A. 2016

² Subs. by F.A. 2017

³ Subs. by F.A. 2017

⁴ Ins. by F. A. 2020

⁵  Subs for sub-clause (x)" by F. A. 2020. 

⁶ Ins. by F. A. 2020

7 Subs ";" for "full stop" and ins. new clause (v) and (vi) by F. A. 2020

⁸ Subs. by F.A. 2017

 

75AA. Audit of the return of withholding tax.-

¹[75AA. Audit of the return of withholding tax.-

(1) The Deputy Commissioner of Taxes, with the approval of the [Commissioner], shall select number of returns of withholding tax filed under section 75A for audit.

(2) The Deputy Commissioner of Taxes shall conduct the audit of the selected return in respect of the following matters-

(a) whether the tax has been deducted or collected at the rate, in the amount and in the manner as provided in Chapter VII of this Ordinance and the rules made there under;
(b) whether the tax collected or deducted has been paid to the credit of the Government, or has been paid in accordance with the manner and within the time as prescribed;
(c) whether the certificate of tax deduction or collection has been furnished in accordance with the provisions of this Ordinance.

(3) Where an audit under sub-section(2) results in findings that the provisions of this Ordinance in respect of the matters mentioned in clauses (a),(b)or (c) of sub-section(2)have not complied with, the Deputy Commissioner of Taxes conducting the audit may take necessary actions under this Ordinance, including the actions under sections 57,57A and 124.

(4) No return shall be selected for audit after the expiry of four years from the end of the year in which the return was filed.]

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1 Subs. for "Board" by F.A. 2019

75A. Return of withholding tax.-

[75A. Return of withholding tax.-

¹[(1) Every person, being a company or a co-operative Socity or a non-government organisetion registered With NGO Affairs Bureau [ a Micro Credit Organisation having licence with Micro Credit Regulatory Authority,²[a university] a Private University, a Private hospital, a Clinic  a diagonstic center, 3[ “an English medium school providing education following international curriculum, artificial juridical person, local authority] a Firm or an association of persons], 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.

(2) The return under sub-section (1) shall be-

(a) furnished in the prescribed form setting forth therein such particulars and information, and accompanied by such schedules statements, accounts, annexures or documents as may be prescribed;
(b) signed and verified in the manner as specified in ⁴[clause (b)] of sub-section(3) of section 75;
(c) filed half-yearly by the following dates-

(i) First return: by Thirty-first January of the year in which the deduction or collection was made;
(ii) Second return: by Thirty-first July of the next year following the year in which the deduction or collection was made:

Provided that the last date for the submission of a return a specified in this sub-section may be extended by the Deputy Commissioner of taxes upto fifteen days from the date so specified.

(3) The Board may, be notification in the official Gazette,-

(a) specify ⁵[the cases in which the] return required to be filed under this section shall be filed electronically or in any other machine readable or computer readable media;
(b) specify the form and the manner in which such electronic machine readable or computer readable returns shall be filed.

 

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¹ Subs by F.A. 2016

² Subs. for "a private university" by F. A. 2020

³ Ins by F.A 2020

⁴ Subs by F.A. 2017

⁵ Subs by F.A. 2017

 

75B. Obligation to furnish Annual Information Return.-

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.

(2)  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.-

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.]

 

76. Certificate in place of return.-

¹[76. 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.

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¹ Deleted By F.A 2016

77. Notice for filing return.-

77. 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-

(a)  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;
(b) any company to file a return of its total income, if it is not filed.]
(2)  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.

 

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¹Subs. by F.A. 2001
²Subs. for "thirty days" by F.A. 1992
 

78. Filing of revised return.-

78. 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.

79. Production of accounts and documents.-

 

79. Production of accounts and documents, etc.- (1) The Deputy Commissioner of Taxes may by notice in writing require an assessee, who has filed a return under Chapter VIII or to whom a notice has been issued to file a return, to produce or cause to be produced such accounts, statements, documents, data or electronic records, not being earlier than three years prior to the income year, as he may consider necessary for the purpose of audit or assessment under this Ordinance.

 

(2) The Deputy Commissioner of Taxes may specify in the notice that the accounts, statements, documents, data or electronic records or any part thereof shall be produced in such electronic form or by such electronic media as may be mentioned in the notice.

 (3) The accounts, statements, documents, data or electronic records shall be produced on or before the date as may be specified in the notice.

 

(4) In this section-

       (a) “return” includes a revised return or an amended return;

 
        (b) “data” includes “ উপাত্ত”  as defined in clause (10) of section 2 of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬(২০০৬ সনের ৩৯নং আইন) ;

       (c) “electronic record” and “electronic form” shall have the same meaning as assigned to “ ইলেকট্রনিক রেকর্ড  ”and “ ইলেকট্রনিক বিন্যাস” respectively in clauses (7) and (5) of

   section 2 of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬(২০০৬ সনের ৩৯নং আইন)." |

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¹Ins. by F.A. 2007

79.  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 ¹[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 purposeof making an assessment under this Ordinance.

 

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¹Ins. by F.A. 2002

80 Statements of assets, liabilities and life style-.

¹[Statements  of  assets,  liabilities  and  life  style].-

(1) Every individual assessee, being resident Bangladeshi, shall furnish in the forms and manners as prescribed, a statement in respect of all assets and liabilities of the person or the spouse, minor children and dependents of the person as on the last date of the income year if the person (a) has, in the last date of the income year, a gross wealth exceeding taka forty lakh; or (b) owns a motor car; or (c) has made an investment in a house property or an apartment in the city corporation area.

(2) Every individual assessee who, under sub-section (1) is not required to submit the statement may voluntarily submit such statement.

(3) Every individual assessee, being a non-resident Bangladeshi, shall submit the statement referred in sub-section (1) only in respect of assets located in Bangladesh.

(4) Every individual assessee, being a non-Bangladeshi, shall submit the statement referred in sub-section (1) only in respect of assets located in Bangladesh.

(5) Every individual assessee, whose total income does exceed Taka four lakh as on the last date of the income year shall furnish, in the forms and manners as prescribed, a statement of expenses relating to the life style of the person.

(6) Every individual assessee, being a shareholder director of a company, shall furnish, irrespective of the total income, in the forms and manners as prescribed, a statement of expenses relating to the life style of the person.

(7) Where any statement as mentioned in sub-section (1) or in sub-section (5) is not submitted by a person being an individual, the Deputy Commissioner of Taxes may require, by notice in writing, to submit the same by person within the time as mentioned in the notice."|]

1 Subs by F. A. 2016 and again subs. by F. A. 2021

 

53J. Deduction at source from rental value of vacant land or plant or machinery.

 

53J. Deduction at source from rental value of vacant land or plant or machinery.-

(1) Where any payment is to be made by a specified person to a resident on account of renting or using any vacant land or plant or machinery, shall deduct tax at the rate of five per cent from the whole amount of the payment at the time of making such payment to the payee.
 

(2) In this section-
(a) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52;
(b) “payment” shall have the same meaning as in clause (d) of subsection (2) of section 52.”।