Rules

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1. Short title

GOVERNMENT OF THE PEOPLES REPUBLIC OF BANGLADESH NATIONAL BOARD OF REVENUE Dhaka, the 14th January, 1985 No. S.R.O. 39-L/85. -In exercise of the powers conferred by section 185 of the Income Tax Ordinance, 1984 (XXXVI of 1984), read with sub-section (4) of that section, the National Board of Revenue is pleased to make the following rules, namely:--   THE INCOME TAX RULES 1984   1.  Short title.--       These rules may be called the Income Tax Rules, 1984

2. Definition

1{2.  Definitions.--          In these rules, unless there is anything repugnant in the subject or context,         (a) “certificate” means a certificate forwarded to the Tax Recovery Officer by the Deputy Commissioner of Taxes, issued under section 138 of the Ordinance, for the recovery of arrears under these rules; (b) “defaulter” means the assesses mentioned in the certificate; (c) “execution”,...

3. Time limit for registration of firm

1 [3.   Time limit for registration of firm---    The application for registration of a firm under section 111 of the Ordinance shall be made within one month of the end of the income year relevant to the assessment year for which registration is sought: Provided that the Deputy Commissioner of Taxes may entertain an application made after the expiry of this time limit if he is satisfied that the firm was prevented by sufficient cause from making the application within the specified...

4. Form of application for registration of firms

4.   Form of application.—      The Application referred to in rule 3 shall be made in the form annexed to this rules and shall be signed and verified by all the partners (not being minors) personally and by the legal representative of any partner who is deceased. Form of application for registration of a firm under section 111(2) of the Income Tax                                                      ...

5. Order regarding registration of firms

5.   Order regarding registration of firms---    (1)  If the Deputy Commissioner of Taxes registers the firm, he shall pass   an order in         writing accordingly and shall furnish a copy of such order to the applicants.    (2)  If the Deputy Commissioner of Taxes is not so satisfied, he shall pass an order in writing            refusing to register the firm and shall...

6. Form of declaration of partners of a firm for renewal of registration

6.   Form of declaration of partners of a firm--- (1)  For the purpose of section 111(6) proviso (ii) of the Ordinance, the declaration shall       be made and verified in the form annexed hereto.        Form of declaration under section 111(6) proviso (ii) of the Income Tax Ordinance,1984.    To    The Deputy Commissioner of Taxes,  Date………………………………...

7. Firms to maintain accounts, etc

7. Firms to maintain accounts, etc. (1) The firms applying for registration must maintain books of accounts. (2)     The firms seeking registration having capital exceeding taka 10 lakh, irrespective of their turnover or receipts, must get their books of accounts audited by chartered Accountants: Provided that, in the case of a firm of chartered Accountants, the books of accounts audited by the firm itself would constitute a sufficient compliance of this rule. ]

8. Maintenance of accounts by doctors, legal practitioners, etc

8. Maintenance of accounts by doctors, legal practitioners, etc    (1) Subject to the provisions of sub-rules (6) and (7), accounts shall be maintained by medical practitioners, whether known as doctors, surgeons, physicians, dentists, psychiatrists, homeopaths, tabibs, vaids, veterinary surgeons or by any other name (other  than  medical  practitioners,  who  do  not  make  any  separate  charge  for consultation but make a charge...

8A. Maintenance of accounts in a bank by the owner of house property

1[8A. Maintenance of accounts in a bank by the owner of house property (1) Subject to the provision of sub- rules (2) and (3), where any person having ownership or possession of any poperty, whether used for commercial or residential purpose. receives any sum or aggregate of sums exceeding taka 25,000/- (twenty five thousand) per month respect of any rent of such house property or its unit, such person shall maintain a bank account in any schedule bank for the purpose of depositing rent for the house...

9. Rate of exchange

1[9.   Rate of exchange.-    The rate of exchange for the calculation of the value in taka of any payment which is payable to the assessee in a foreign currency shall be the rate of exchange determined or recognized by the Government on the date of such payment for the conversion of foreign currency into Bangladesh currency.] --------------------------------------------------------------- 1 Subs. by S.R.O No. 336-l/99,dated 17-11-1999

10. Particulars to be furnished on interest on securities by a person other than the Government

10. Particulars  to  be  furnished  on  interest  on  securities  by  a  person  other  than  the Government.-    In  the  case  of  income  chargeable  under  the  head  “Interest  on  securities”,  where  the deduction is not made by or on behalf of the Government, the person responsible for paying the interest shall, at the time of deduction...

11. Form for application for a certificate to deduct tax at a lesser rate, etc

  1[11. Form for application for a certificate to deduct tax at a lesser rate, etc.- (1)   The application for a certificate under section 51(2) of the Ordinance shall be made in          the following form:- Application for a Certificate under section 51(2) of the Income Tax Ordinance, 1984                                                    ...

11A.Form of certificate under section 53A(3) of the Ordinance

1[11A.Form of certificate under section 53A(3) of the Ordinance.-   The certificate under section  53A  (3) of the Ordinance shall be issued by the Deputy Commissioner of Taxes in the following form:- Certificate under section 53A (3) of the Income Tax Ordinance, 1984 (XXXVI of 1984) To (owner of house property) Address .......................... . .. Certified that to the best of my belief for the assessment year (s) ........................ . Mr/Mrs./Miss .owner         ...

12. Particulars to be furnished by persons making deductions at source.-

12. Particulars to be furnished by persons making deductions at source.- The person making deductions in accordance with the provisions of sections 49(I)(g), 54 and  56  shall,  at  the  time  of  deduction,  send  to  the  Deputy  Commissioner  of  Taxes concerned a statement showing the following particulars: (1)   Name and address of the non-resident on whose behalf the tax is deducted. (2)   The date...

13. Time limit for payment of tax deducted at source

1[13. Time limit for payment of tax deducted at source. - 2[All sums deducted or collected in accordance with the provisions of Chapter VII of the Ordinance shall be paid to the credit of the Government as follows- Time of deduction or collection Date of payment to the credit of the Government (a) in case of deduction or collection made in any month from July to May of a year Within two weeks from the end of the month in which the deduction or collection was made (b) in case of deduction or...

14. Manner of payment of tax deducted at source

1[14. Manner of payment of tax deducted at source.-   2[(1) The person responsible for making deduction or cooection of tax under Chapter VII of the Ordinance shall pay the amount of tax so deducted or collected to the credit of the Government within the time specified in rule 13 by- (a)remitting it through an income tax challan into the Bangladesh Bank or the Sonali Bank, as the case may be; or (b)transferring the amount electronically in the manner as specitied by the Board (2) The Board...

15. Prescribed arrangements for deduction of tax from dividends

1[15. Prescribed arrangements for deduction of tax from dividends:--   The arrangements referred to in section 54(1) to be made by a company shall be as follows:- (1)  the share register of the company for all shareholders shall be regularly maintained at the principal place of business within Bangladesh; (2)  the general meeting for passing the accountants of the income year and for the declaration of any dividends in respect thereof shall be held at a place within Bangladesh; and...

16. Deduction of tax from payment to contractors, etc.-

16. Deduction of tax from payment to contractors, etc.- 1[The rate of deduction of income tax under section 52 shall be the following- [(a)subject to clause(c), in case of a payment made against the execution of a contract as mentioned in clause (a) of sub-section (1) of section 52, the deduction on payment shall be at the following rate-   Sl. No. Amount Rate of Deduction of tax 1. Where base amount does not exceed taka 2 lakh Nil 2. Where base amount exceeds taka 2 lakh but does not exceed...

17. Deduction of tax from indenting and shipping agency commission

1[ 2[17. Deduction of tax from indenting and shipping agency commission.-- (1) The authority making any payment or the Bangladesh Bank or any scheduled bank through which remittance of indenting commission is received shall, for the purpose of  making  a  deduction  of  tax  under  section  52(1),  deduct  or  collect  an  amount calculated at the rate of 3[seven and a half per cent] on the total receipts of commission. (2) The...

17A. Collection of tax from importers

1[17A. Collection of tax from importers. [For the purpose of making collection of tax under section 53 of the Ordinance, the Commissioner of Customs or any appropriate officer shall collect tax in the case of any import of goods at the following rate : (a) five per cent on the value of the imported goods in case of import of goods excluding the goods mentioned in clause (b) and clause(c); (b) two per cent on the value of the imported goods in the case of import of goods specified below:- (1) Petroleum...