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

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