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38B. Procedure for spot assessment

1[38B. Procedure for spot assessment.—

(1) An assessee, referred to in section 82D of the Ordinance, claiming adjustment for any tax deducted or collected under chapter VII of the Ordinance or having wholesale business or having initial capital investment exceeding 2[taka fifteen lac] 3[or carrying on profession as a lawyer or a order for a pereod exceeding ten years]  shall not be eligible for assessment under that section.

(2) The Deputy Commissioner of Taxes, with the prior approval of the Inspection Additional Commissioner of Taxes or Inspection Joint Commissioner of Taxes, shall chalk out a programme to visit any shopping centre or commercial market or an area where such establishments are located and accordingly visit such centre, market or area and fix the tax or an assessee referred to in section 82D of the Ordinance for any year at the following rates, namely:-

4[(a) Where an assessee carrying on business-

Initial capital investment to be shown

 Rate of
Tax(Tk)		 Applicability
Upto Tk 6 lakh 3,000/- For the assessee not located under any city corporation or paurashva of district headquarters;
Upto Tk 7 lakh 3,500/- For the assessee located at paurashava in district headquars and other area excluding city corporation;
Upto Tk 8 lakh 4,000/- For assessee of any area;
Upto Tk 10 lakh 5,000/- For assessee of any area;
Upto Tk 15 lakh 10,000/- For assessee of any area;

(b) Where an assessee carrying on profession as a Lawyer or Doctor-

 

Length of profesison Rate of
Tax(Tk)

Applicability
Upto 3 years 3,000/- For the assessee not located under
any city corporation or paurashava of district headquarters;
Upto 4 years 3,500/- For the assessee located at
Paurashava in district headquarters
and other area excluding city corporation;
Upto 5 years 4,000/- For assessee of any area;
Upto 10 years 5,000/- For assessee of any area.;

(3) The assessee shall, with the help of the Deputy Commissioner of taxes, fill up 5[a return of income in form IT-11GAGA as prescribed in 6[***] rule 24] which can be had from the Deputy Commissioner of Taxes, and submit the same to the Deputy Commissioner of Taxes on the spot.

(4) The tax fixed under sub-rules (2) shall remain in force for two subsequent assessment years, and the receipt of the payment of such tax shall be deemed to be an order of assessment under section 82 of the ordinance.]

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1 Ins. by S.R.O. No. 176-L/99, dt: 01-07-1999

2 Subs. for "taka ten lac" by S.R.O. No. 268-L/IT/2013, dt: 30-07-2013

3 Ins. by S.R.O. No. 262-L/IT/2010, dt: 01-07-2010

4 Subs. by S.R.O. No. 259-L/IT/2016, dt: 10-08-2016

5 Ins. by F.A. 2010

6 Omitted by F.A. 2016

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Nowshad Amin Chowdhury

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