Act English Version

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73. Repeal and savings.-

73. Repeal and savings.-

(1)     On the enactment of this Act the Business Turnover Tax Ordinance, 1982 (XVII of

1982) and the Sales Tax Ordinance, 1982 (XVII of 1982), hereinafter referred to as the said Ordinances, shall stand repealed.

(2)     Notwithstanding the repeal of the above Ordinances in the said manner

(a)     any  proceeding  concluded,  action  or  measure  under  taken  under  the  said ordinances shall, to the extent so far it is not inconsistent with the provisions of this Act,  without affecting  the action already taken or measure undertaken, be deemed to have been completed or undertaken under this Act;

(b)     all  rules,  orders  or  notices  framed  or  issued  under  the said  Ordinances  shall, subject  to  their consistency  with the provisions  of this Act and until they are repealed or  amended, remain in force, and shall be deemed to have been made, given or issued under this Act;

(c)     any arrear of tax, fees or other dues charged by or under any of said Ordinances which remained outstanding immediately before commencement of this Act, shall be  recovered  according  to  the  provisions  of  the  said  Ordinances  as  if  the Ordinances were not been repealed.

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(3)     The VAT Ordinance, 1991 (XXVI of 1991), is hereby repealed.

(4)     Notwithstanding the repeal under sub-section (3), under the repealed ordinance

(a)     all proceedings completed or measures undertaken shall be deemed to have been completed or undertaken under this Act; and

(b)     all rules, orders and notices framed and issued shall, subject to their consistency with the provisions of this Act and until they are repealed or amended remain in force, be deemed to have been made, given or issued under this Act.

72A. Publication of en English Text etc.-

72A. Publication of en English Text etc.-

(1)     After  the  enactment  of  this  Act,  the  Government  may,  if  it  deems  fit,  publish  an authentic English text of this Act.

(2)     In case of any conflict between Bangla and English Text the Bangla text shall prevail.

72. Power to make rules.-

72. Power to make rules.-

(1)     The Board may, for carrying out the purposes of this Act, make rules by notification in the official Gazette.

(2)     Specially, and without prejudice to the generality of the aforesaid powers, the rules may be made containing about all or any of the following provisions, namely:

(a)     imposition, fixation and collection of value added tax or supplementary duty and for the purpose of such fixation price declaration, price determination and process relating to  this,  taking  rebate  (credit)  of  input  tax  and  defining  authorities  to discharge duties under this Act;

(b)     removal and transportation  of goods liable to levy of value added tax from the place of production, manufacture or business;

(c)     appointment of Government officer to supervise the application of any rule made under this Act;

(d) storage separately at the place of production or manufacture or supply of taxable goods  and  exempted goods, and the inputs used for production, Manufacture or supply thereof;

(e)     providing necessary information by a person engaged in supply of taxable goods

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or rendering of taxable service under this Act;

(f)     supply  of  taxable  goods  in  particular  packets,  bags  or  containers  only  and compulsory printing, inscribing or knitting of retail price on the packets, bags or containers containing the goods;

(g)     confiscation of any goods in relation to which any provision of this Actor any rule is contravened;

(h)     collection and examination of samples of goods produced  or manufactured or imported,  purchase, acquired  or procured  in any other manner and inspection, search or seizure of transport carrying taxable goods;

(i)      export of goods or services and procedure of rebate and drawback related to the export;

(j)      authorization to the Commissioner, value added tax to issue written order on any matter arising out of any rule made under this Act;

(k)     grant reward in accordance with the provisions of section 71 AA.

(3)     The Board may, in accordance with provisions of this section make such Rules without prejudice to any provisions relating to taking any other action under this Act, to impose on the person who contravenes any rule a monetary penalty not exceeding two and half times of the amount of  value  added tax or, where applicable,  value added tax and supplementary duty payable on the relevant goods or service and the goods or service to which the contravention relates shall be forfeited in favour of the Government.

71AA. Reward for detection unearthing of tax evasion, violation of law,

71AA.   Reward   for   detection   unearthing   of   tax   evasion,  violation   of   law,   etc.- Notwithstanding anything contained to the contrary in this Act or in any other law for the time being in force, the Board may, in such circumstances and in such manner and to such extent as may be prescribed by rules, grant reward to the following persons:

(a)     any person who supplies to 'a value added tax officer information about violation of any provisions  of this Act or of any other law for the time being in fore or regards  to evasion or attempt of evasion of tax or revenue payable thereunder, or

(b)     any  value  added  tax  officer  or  an  officer  or  employee  of  any  other  Government organization or of a local authority who detects or unearths the evasion or attempted evasion of tax or revenue payable under this Act or any other law for the time being in force or identifies violation of any provision thereof and, as a result of supply of such information, detection or unearthing it leads to the following situations, namely.

(i)      the seizure and confiscation of goods or other things in relation to which such evasion or attempted evasion of tax or revenue or violation of the provisions of law takes place: or

(ii)     the value added tax' or relevant revenue is collected or, as the case may be, the fine charged upon the person liable is collected under this Act or any other law for the time being in force; or

(iii)  the person, guilty under this Act or any other relevant law is prosecuted.

71A. Power to write off Government dues.

71A. Power  to  write  off  Government  dues.-  In  the  case  of  insolvency  of  a  person  or dissolution of an organization or for any other reasons, it is certain that value added tax or,  where  applicable, value added tax and supplementary duty imposed or monetary penalty  charged or any amount of money demanded under any undertaking or other document  executed  under this Act or the rules made thereunder cannot be recovered under section 56 of this Act, the Government may, write off such dues:

Provided that whatever be there in the provisions of other Acts, following writing off of government  dues,  if  it  is  proved  that  any  property  of  the  responsible  person  or establishment has been arisen anew, or previously with the view to be immune from


government dues, the concerned  person or establishment has become bankrupt with unfair objective of handing over their own properties to other persons or establishments; then there will be priority upon those properties to realize government arrear and that will be realized in the manner as if all responsibility of paying government arrear has been fallen upon the person  having the newly arisen property or receiver of property with dishonest desire.

71. Rectification typographical errors etc.-

71.    Rectification    typographical     errors    etc.-    Any     mistake     or     mathematical     or typographical  error  made  by  the  Government,  the  Board  or  a  VAT  officer  in  any assessment of tax, adjudication, decision or order may be rectified by the Government, the Board or any value added tax officer or any person replacing him.

70A. Value Added Tax Data Processing, Etc

70A. Value Added Tax Data Processing, Etc.- The Board, under its direct supervision and under  provisions laid down in Rules and realizing  fees could perform through non- government  organizations; Value Added Tax registration, return submission, payment of  tax  electronically   and  to  perform  any  other  related  function  including  data processing, report generation, etc..

70. Cases where drawback shall not be allowed

70.    Cases where drawback shall not be allowed.- Without prejudice to the provisions of section  13  and notwithstanding  anything contained in sections 68 and section 69, no drawback shall be allowed in a case where the conditions specified in section 39 of the Customs Act are applicable.

69. Drawback on goods used during the period between import and export.-

69.    Drawback  on  goods  used  during  the  period   between  import  and   export.- Notwithstanding anything contained in section 68, value added tax or, where applicable, value  added tax and supplementary Duty in respect of goods which have been used during the  period  between its import and export, shall be refunded  as drawback in accordance with the provisions of the rule made in this behalf.

68. Drawback on imported goods used for export

68.    Drawback on imported goods used for export.- Subject to the provisions of Chapter VI of  the  Customs Act, value added tax or, where applicable, value added tax and supplementary duty paid on easily identifiable goods during the import into Bangladesh be repaid as drawback if such goods are exported to anywhere outside Bangladesh or have been used as per provisions or stored on board in any foreign going vessel.