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153. Appeal against order of Deputy Commissioner of Taxes 1[and Inspecting Joint Commissioner].-
(1) Any 2[assessee, not being a company, aggrieved] by any order of a Deputy Commissioner of Taxes in respect of the following may prefer an appeal to the Appellate Joint Commissioner against such order, namely;-
(a) the amount of loss computed under section 37 ;
(b) assessment of income, determination of liability to pay, or computation of tax including advance tax;
(c) imposition of 3[an interest under Chapter VII] 4of registration under section 84 or 111 ;
5[(e) imposition of penalty under Chapter XIA, Chapter XV and under section 137 of Chapter XVI ; and]
(f) refusal to allow a claim to a refund or the determination of the amount of refund admissible under Chapter XVIII.
6[(1A) Any assessee, being a company, aggrieved by any order of a Deputy Commissioner of Taxes or 7[any assessee aggrieved by any order] of an Inspecting Joint Commissioner in respect of the following may prefer an appeal to the Commissioner (Appeals) against such order, namely:-
(a) any matter specified in clauses (a), (b), (c) and (f) of sub -section (1);
(b) imposition of penalty under Chapter XV8[or XIA]9[or section 137];
(c) assessment under section 10 or 120.
10(1B) Notwithstanding anything contained in any other law for the time being in force, all such appeals pending before an Appellate Joint Commissioner at the time of the commencement of অর্থ আইন, 1990 (আইন নং-৪৫, ১৯৯০) as are appellable under this section to a Commissioner (Appeals) shall be heard and disposed of by the Appellate Joint Commissioner as if this section were not amended by অর্থ আইন, ১৯৯০।
(1C) Notwithstanding anything contained in sub-section (1) or (1A), the Board may, on an application or on its own motion, transfer an appeal from an Appellate Joint Commissioner to a Commissioner (Appeals) or from a Commissioner (Appeals) to an Appellate Joint Commissioner.]
(2) Where the partners of a firm are individually assessable on their shares in the total income of the firm, any such partner may appeal to the Appellate Joint Commissioner against the order of the Deputy Commissioner of Taxes determining the amount of total income or loss of the firm or the apportionment thereof between several partners but he may not agitate in any such appeal, matters relating to assessment of his own total income.
11[(3) No appeal shall lie against any order of assessment under this section, unless the tax payable on the basis of return under section 74 has been paid 12[before filing that appeal.]
13[Provided that the Commissioner of Taxes concerned may, on an application made in this behalf, modify or waive, in any case, the requirement of such payment.]
14[Provided that where the tax on the basis of return has been paid by the appellant before filing the appeal and the Appellate Joint Commissioner or the Commissioner (Appeals), as the case may be, is convinced that the appellant was barred by sufficient reason from paying the tax before filing the return, Appellate Joint Commissioner or the Commissioner (Appeals) may allow the appeal for hearing.]
15[(4) No appeal shall lie against any order of assessment under this section, unless the assessee has paid ten percent of the tax as determined by the Deputy Commissioner of Taxes where return of income was not filed in accordance with the provisions of this Ordinance.]
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1Ins. by F.A. 1990
2Subs. for " assessee aggrieved" by F.A. 1990
3Ins. by F.A. 2015
4 Omitted by F. A. 2015
5 Subs by F. A. 1990 again subs. by F. A. 2015
6 Subs by F.A. 1990
7 Ins. by F.A. 1993
8Ins. by F.A. 2015
9Ins. by F.A. 1991
10 Subs-sec. (1B) (1C) ins. by F. A. 1990
11Subs. by F.A. 2000
12 Omitted by F. A. 2015
13Proviso Omitted by F.A. 1999
14 Added F. A. 2016
15 Ins. new sub-section (4) by F.A. 2012
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