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2. Definitions.- In this Act, unless there is anything repugnant in the subject or context -
(a) ‘exempted’ means goods and services exempt from payment of value added tax under this Act;
(b) ‘output tax’ means value added tax imposed under this Act; (c) ‘input’ means
(i) except labour, land, building, office equipment and transport, all raw materials, any gas, anything used as fuel, packaging materials, service, machinery and spare parts;
(ii) in the case of trading, goods imported, purchased, acquired or otherwise procured in any way for sale, exchange or transfer in any other manner;
(d) ‘input tax’ means value added tax paid on inputs imported by registered person or purchased by him from any other registered person;
(dd) Omitted.
(ddd) ‘tax’ means value added tax or vale added tax and supplementary duty, as the case may be, payable for supply of goods or services and shall include value added tax and supplementary duty, import duty, excise duty and all other duties and taxes (except advance income tax) payable for elements referred to in section 13.
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(e) ‘tax period’ means a period of one month or such period as the government by notification in the official gazette fix in this behalf;
(f) ‘taxable goods’ means goods not included in the First Schedule;
(g) ‘taxable service’ means any service not included in the Second Schedule;
(h) ‘Commissioner’ means any Commissioner of Value Added Tax appointed under section 20;
(i) ‘Current Account’ means an account maintained in prescribed form by a registered person with the Commissioner in which all accounts of sale, purchase, treasury deposit, value added tax payable and rebatable and where applicable, other taxes;
(j) ‘Challanpatra’ (Invoice) means Challans provided under section 32. (jj) omitted.
(k) ‘Turn over’ means all money received or receivable by any person in a certain period for the supply of taxable goods produced or manufactured by him or for rendering taxable services by him;
(1) ‘Schedule’ means any Schedule annexed to this Act;
(m) ‘Documents’ means anything expressed or stated with the help of a letter, number, symbol or sign on paper or any other material, and shall include any kind of electronic data, computer program, computer tape, computer disk or any kind of media that holds or store any data;
(mm) omitted.
(n) ‘Return’ means a return required to be submitted under section 35 of this Act; (o) ‘Specified Date’ means,
(i) in the case of payment of value added tax, or as the case may be, in the case of payment of value added tax and supplementary duty, the time for payment under section 6; and
(ii) in case of submission of return, the times to submit value added tax return specified by
Rules;
(oo) ‘Pon (consideration)’ means all money or value measurable in terms of money, received or receivable against the supply of goods or rendering of services;
(p) ‘Goods’ means all kinds of movable property, excluding shares, stocks, coins, securities and recoverable claims;
(q) ‘Producer’ or ‘Manufacturer’ shall include any person engaged in any of the following activities, namely:
(i) transforming or reshaping of any substance by processing individually or in combination with any other substance, material or components of production to changing, transforming or reshaping it into a different specific substance or goods so that it becomes useable differently or specifically;
(ii) any incidental or related processes required to complete the production of goods; (iii) printing, publication, lithography or engraving processes;
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(iv)assembling, mixing, cutting, liquidifying, bottling, packaging or repackaging;
(v) the work of a trustee or liquidator, executor or superintendent in case of any bankrupt manufacturer or producer and work of any such person who disposes of the assets of such manufacturer or producer in his capacity as an entrusted person;
(vi) manufacturing or producing any goods for monetary consideration in his own plant, machinery or equipment using raw material or inputs owned by the owner of that goods;
(qq) ‘Commercial importer’ means a person who imports goods, other than those specified in the First Schedule, and sells or transfers it in any other person without changing its shape, nature, characteristics or quality, in exchange of consideration;
(qqq) ‘Commercial Documents’ means books of accounts, files, documents or papers maintained by a person to record his commercial transaction showing financial condition of his business, namely:- debit voucher, credit voucher, cash memo, daily purchase and sale accounts, cash book, journal book, bank account and the documents related thereto, trial balance, ledger, financial statements and notes on profit and loss account, profit and loss appropriation account, bank reconciliation accounts, balance sheet and audit report including all related documents;
(qqqq) ‘Trader’ means a person who sells or otherwise transfer to any other person in exchange of consideration any goods imported, purchased or otherwise acquired by him without changing its shape, nature, characteristics or quality;
(qqqqq) ‘Divisional Officer’ means Value Added Tax officer in charge of a Value Added Tax Divisional Office or an officer not below the rank of assistant Commissioner assigned to discharge any function of Divisional Office of the Large Taxpayers Unit of value Added Tax.
(r) ‘Rule’ means any rule framed under this Act. (rr) omitted.
(rrr) ‘Bill of Entry’ means a bill of entry as defined in section 2(c) of the Customs Act, 1969 (IV of 1969).
(rrrr) ‘Bill of Export’ means a bill of export as defined in section 2(d) of the Customs Act,
1969 (IV of 1969);
(s) ‘Board’ means the National Board of Revenue constituted under the National Board of
Revenue Order, 1972 (P.O. No. 76 of 1972);
(ss) ‘Large Taxpayers Unit or LTU’ means large taxpayer unit constituted under section
8D of this Act;
(t) ‘Person’ shall includeany individual, incorporated or not, any company or society, proprietorship firm, other firm, statutory or other organization or establishment or their representatives as well will be included;
(u) ‘Value added Tax Officer’ means an Officer appointed under section 20 of this Act;
(v) ‘Zero-rated Taxable Goods or Services’ means goods or services exported or deemed to have been exported or any food or any other material as mentioned in sub-section(2) of section 3 on which no value added tax or, supplementary duty, as the case may be,
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shall be imposed and all other taxes and duties paid on the inputs of manufacturing or producing of such goods (except Advance Income Tax and the supplementary duty paid on such inputs, used for manufacturing or producing exported goods as may be specified in this behalf by the Government by notification in the official Gazette) shall be refunded;
(vv) omitted.
(w) ‘Concerned Officer’ means any value added tax officer empowered by the Board, by
Board's notification in the official Gazette, to perform certain duties under this Act;
(x) ‘Total Receipts’ means the total amount of money received or receivable by any taxable service provider in exchange of his service rendered including commission or charges, excluding the value added tax;
(y) ‘Supply’ means sale, transfer, lease or disposal in any other manner, of goods manufactured or produced by a manufacturer or producer or of goods imported, purchased, acquired or otherwise procured by a trader in exchange of consideration and shall include the following activities, namely:
(i) use of goods acquired, produced or manufactured in the course of business for private, business or any other purpose outside the business;
(ii) auction or disposal of goods in order to repay the debt of any person;
(iii) to take under possession of any taxable goods by a person immediately before the cancellation of his registration;
(iv) clearance or removal of goods from the place of manufacture or production; (v) any other transactions specified by the Government by notification;
(z) ‘Local Value Added Tax Office’ means Office of Superintendent of Value Added Tax, or any branch put under the discharge of Superintendent of LTU, Value Added Tax or any other office specified by the Board by notification in the official Gazette; and
(za) ‘Special Judge’ means Criminal Law Amendment Act, 1958 (Act No. XL of 1958) Gi
Section-3 Gi Sub-Section-(1) Gi Aaxb wbhy³ Special Judge;
(zb) ‘Export’ means supply of goods or services fro within Bangladesh to outside territorial sea of Bangladesh
(zc) ‘deemed to have been exported’ will include following goods or services, viz:-
(i) those which are not desirable for consumption or use inside Bangladesh and which are exportable in exchange of foreign currency as raw materials in production, management, transportation, or in marketing and this include water, electricity, gas, telephone or any other service which are exportable as raw materials in exchange of foreign currency.
(ii) Goods supplied or services rendered inside Bangladesh in exchange of foreign currency in accordance with provisions laid down in Rules, with specific condition of non-imposition of tax under any international treaty or Memorandum of Understanding (MOU).
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