Income Tax Ordinance

Chapter VI

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44. Exemption.-

CHAPTER VI
EXEMPTIONS AND ALLOWANCES

44. Exemption.-

(1) Notwithstanding anything contained in this Ordinance, any income or class of income or the income of any person or class of persons specified in Part A of the Sixth Schedule shall be exempt from the tax payable under this Ordinance, subject to the limits, conditions and qualifications laid down therein and shall be excluded from the computation of total income under this Ordinance.

1[(2) Subject to the provisions of this Ordinance and the limits, conditions and qualifications laid down in Part B of the Sixth Schedule,-

(a)   tax shall not be payable by an assessee in respect of any income or any sum specified in paragraphs 15 and 16 of the said Part B; and

2 [(b) an assessee, being a resident or a non-resident Bangladeshi, shall be entitled to a credit from the amount of tax payable on his total income of the following amount:

Total income Amount of credit
(i) if the total income does not exceed taka ten lakh 15% of the eligible amount;
(ii) if the total income exceeds taka ten lakh but does not exceed taka thirty lakh (i) 15% of the first two lakh fifty thousand of the eligible amount; and
(ii) 12% on the rest of the eligible amount;
(iii) if the total income exceeds taka thirty lakh (i) 15% of the first two lakh of the eligible amount; and (ii) 12% of the next five lakh fifty thousand of the eligible amount; and
(iii) 10% on the rest of the eligible amount;

 

(c)[ the “eligible amount” mentioned in clause (b) shall be the lesser of-
(i) the sums specified in all paragraphs excluding paragraphs 15 and 16 of Part B of the Sixth Schedule; or
(ii) 25% of the total income excluding any income for which a tax exemption or a reduced rate is applicable under sub-section(4) of section 44 or any income from any source or sources mentioned in clause(a) of sub-section(2) of section 82C; or
(iii) one crore and fifty lakh taka.]

(4) The Government may, by notification in the oficial Gazette,-

(a) make such amendments by way of addition, omission, alteration or qualification in the Sixth Schedule as it may deem fit; and

(b) make any exemption, reduction in rate or other modifications in respect  of  tax  in  favour  of  any  class  of  income  or  in  regard  to  the whole or any part of the income of any class of persons.

3 [(5) Notwithstanding anything contained in clause (b) of sub-section (4) or any other section in Chapter VI-

(a) the income of a person for the relevant income year shall not be-
(i) exempted from tax; or
(ii) be subject to reduced rate of tax; in an assessment year if the person fails to submit the return of income, as required under section 75;

(b) any disallowance of expenditure under section 30, in calculating the income of a source or of a person that is exempted from tax or is subject to a reduced rate of tax, shall be treated as income for that source or of that person, as the case may be, and tax shall be payable on such income at the regular rate.

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1 Subs. by F.A. 1992
2 Subs F. A. 2016

3 Added F. A. 2016

45. Exemption of income of an industrial undertaking.-

45. Exemption of income of an industrial undertaking.-

(1) Subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inclusive), shall be exempt from tax payable under this Ordinance for the period specified below-

(a) if the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be "Special Economic Zone", for a period of twelve years beginning with the month of commencement of commercial production of the undertaking;

(b) if the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify in this behalf, for a period of nine years beginning with the month of commencement of commercial production of the undertaking ; and

 (c)  in other areas, for a period of five years beginning with the month of  such commencement.

Explanation.- For the purposes of this section, "industrial undertaking" includes expansion of an existing undertaking if such expansion constitute-

 

 

 

(a) an identifiable unit for production of similar or other goods or class of goods; or

(b)  a similar unit carrying on an identifiable industrial process, but does not include an undertaking which is formed by splitting up or reconstruction of an existing business or by the transfer of machinery or plant of an existing business in Bangladesh to a new business.                   

(2)   The exemption under sub-section (1) shall apply to an industrial undertaking (hereinafter referred to as the "said undertaking") which fulfills the following conditions, namely:-

(a)       that the said undertaking is owned and managed by-

(i)     a body corporate established by, or in pursuance of, an Act of  Parliament with its head office in Bangladesh; or

(ii)    a company registered under the Companies Act, 1913 (VII of 1913), with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production;

(b)   that the said undertaking belongs to such class of industry as the Board may, by notification in the official Gazette, specify for the purposes of this section;

(c)    that a part of the income exempted under this section is reinvested in the said undertaking or is invested in the purchase of bond issued by the Government and such reinvestment or investment is not-

(i)   less than fifteen per cent of such income, if it is an undertaking set up in the areas referred to in sub-section (1) (a) and (b); and

(ii)  less than thirty per cent in other areas;

 (d)   that the said undertaking is approved and, during the relevant income year, stands approved by the Board for the purposes of this section;

 

 

 

 (e)  that the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and twenty days from the date of commencement of commercial production:

Provided that the Board may admit an application after the expiry of the said period of one hundred and twenty days if it is satisfied that there was sufficient cause for not making the application within the said period.

1[(2A)Subject to the provisions of this Ordinance, the income, profits and gains of     an industrial undertaking set up in Bangladesh between the first day of July, 1985, and the thirtieth day of June, 2[1995 (both days inclusive), shall be exempt  from  the  tax  payable  under  this  Ordinance  for  the  period  specified below-

(a) if the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be "Special Economic Zone", for a period of twelve years beginning with the month of commencement of commercial production of the undertaking;

 (b)   if the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be "Least Developed Areas", for a period of nine production of the undertaking;

 (c)   if the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be "Less Developed Areas", for a period of 3[seven] years beginning with the month of commencement of commercial production of the undertaking; and

 (d) if the undertaking is set up in the city of Dhaka, Chittagong or Khulna or the municipality of Narayanganj, or within ten miles from the outer limits thereof, for a period of 4[five] years beginning with the month of commencement of commercial production of the undertaking.

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1 Ins. Sub-section (2A) and (2B) by F.O. 1985
2 Subs. "2000" for "1990" by F.A. 1989 and subsequently subs. "1995" for "2000" by F.A. 1991
3 Subs. for "six" by I.T. (amend.) Ord. 1986, dt. 0 8-07-1986
4 Subs. for "four" by I.T. (amend.) Ord. 1986, dt. 0 8-07-1986

 

 

 

(2B)The exemption under sub-section (2A) shall apply to an industrial undertaking (hereinafter referred to as the "said undertaking") which fulfills the following conditions, namely:-

      (a)    that the said undertaking is owned and managed by-

(i) a body corporate established by, or in pursuance of, an Act Parliament with its head office in Bangladesh; or

(ii) a company registered under 1[the Companies Act, 1913 (VII of 1913) or কোম্পানী আ‌ইন, 1994 (1994 সনের 18নং আইন), with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production;

(b) that the said undertaking belongs to such class of industry as the Board may, by notification in the official Gazette, specify for the purpose of this sub-section;

2[(c)  that a part of the income exempted under sub-section(2A), representing not less than ten percent, of such income, is invested, within nine months from the end of the income year, in the purchase of bonds or securities issued by the Government and such bonds or securities are retained for at least three years from the date of purchase;];

3[(cc)      that a part of the income exempted under sub-section (2A) is invested, 4[during the period, or within one year from the end of the period] to which the exemption under that sub-section relates, in the said undertaking or in any new industrial undertaking or in any productive assets being stocks and shares of a public company or bonds or securities issued by the Government and such investment is not less than 5[thirty per cent.] of such income, failing which the income so exempted, shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed:

6[Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section;]

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1 Subs. for " the Companies Act. 1913 (VII of 1913)" by F.A. 1995
2 Subs. by F.A. 1991, 1992 and subsequently omitted by F.A. 1994
3 Subs. by F.A. 1992
4 Subs. for "within two years form the end of the period" by 1999
5 Subs. for " twenty-five percent. " by F.A. 1994
6 Ins. by. F.A. 1999

 

 

(d)     that the said undertaking is approved and, during the relevant income year, stands approved by the Board for the purposes of this section;

(e)   that the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and eighty days from the date of commencement of commercial production:

Provided that the Board may admit an application after the expiry of the said period of 1[one hundred and eighty days] if it is satisfied that there was sufficient cause for not making the application within the said period]

2(2C)   The Board shall give its decision on an application made under clause (e) of sub-section (2B) within 3[three months] from the date of receipt of the application by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section.

(3)   The income, profits and gains of the said undertaking to which this section applies, shall be computed in accordance with the provisions of sections 28 and 29:

4[Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed.]

(4) The profits and gains of the said undertaking shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking, it shall be carried forward and set off against the profits and gains of the said undertaking for the following year, and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the next year and so on, but no loss shall be carried beyond the period of exemption allowed under this section.

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1 Subs. for "one hundred and twenty days" by F.O. 1986
2 Ins by F.A. 1990
3 Subs. for "six months" by F.A. 1992
4 Subs. by F.A. 1999

 

 

(5)   Nothing contained in this section shall be so construed as to exempt the following:-

(a)  any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains exempt from tax under this section ; and

(b) any income of the said undertaking classifiable as "Capital gains" chargeable under the provisions of section 31.

(6)  Where any exemption has been allowed under this section and it is subsequently discovered by the Deputy Commissioner of Taxes that any one or more of the conditions specified in this section were not fulfilled, the exemption originally allowed shall be deemed to have been wrongly allowed, and the Deputy Commissioner of Taxes may, notwithstanding anything contained in this Ordinance, re-compute the total income of, and the tax payable by, the assessee for the relevant income year and the provisions of section 93 or 94 shall, so far as may be, apply thereto, the period of two years specified in section 94 being reckoned from the end of the assessment year relevant to the income year in which the infringement was discovered.

(7) An industrial undertaking approved under this section may, not later than six months from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such orders thereon as it may deem fit.

1[(8) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section.]

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1 Ins. by F.A. 1992

46. Exemption of income of a tourist industry.-

46. Exemption of income of a tourist industry.-

(1) Subject to the provisions of this Ordinance, the income, profits and gains of a tourist industry set up in Bangladesh between the first day of January, 1976, and the thirtieth day of June, 1985 (both days inclusive), shall be exempt from the tax payable under this Ordinance, for the period specified below-

(a) if the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be "Special Economic Zone", for a period of twelve years beginning with the commencement of its commercial service;

(b) if the industry is set up in the cities of Dhaka, Chittagong, Khulna and Rajshahi and the areas within fifteen miles from the outer municipal limits of those cities, for a period of five years beginning with the month of commencement of its commercial service ; and (c) in other areas, for a period of seven years beginning with the month of such commencement.

(c)  in  other  areas,  for  a  period  of  seven  years  beginning  with  the month of such commencement.

Explanation.- For the purposes of this section, the expression "tourist industry" means a business, industry or undertaking which caters for the tourists including setting up, establishment or running of hotels, motels, 1[hunting lodges, amusement and theme park, holiday home, tourist resort, family fun and games, energy park] and private picnic spots of such standard as may be prescribed by the Board.

(2) The exemption under sub-section (1) shall apply to a tourist industry (hereinafter referred to as the "said industry"), which fulfils the following conditions, namely:-

(a) that the said industry is owned and managed by a Bangladeshi company having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of its commercial service;

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1 Subs. for "hunting lodge" by F.A. 2001

 

 

(b) that the said industry shall have such service facilities as the Board may, by notification in the official Gazette, specify in this behalf;

(c)  that a part of the income, profits and gains derived from the said industry exempted under sub-section (1) is reinvested in it or is invested in the purchase of bond issued by the Government, and such reinvestment or investment is not-

(i) less than thirty per cent., if it is an industry set up in the areas referred to in sub- section (1) (b); and

(ii) less than fifteen per cent., in other areas ;

(d) that an application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and twenty days of the date of commencement of commercial service;

(e) that the said industry is approved and, during the relevant income year, stands approved by the Board for the purposes of this section.

1[(2A)Subject to the provisions of this Ordinance, the income, profits and gains of a tourist industry set up in Bangladesh between the first day of July, 1985, and the 30th day of June, 2[1995] (both days inclusive) shall be exempt from the tax payable under this Ordinance, for the period specified below-

(a) if the industry is set up in such areas as the Board may, by notification in the official gazette, specify to be "Special Economic Zone", for a period of twelve years beginning with the month of commencement of its commercial service;

(b)  if  the  industry  is  set  up  in  such  areas  as  the  Board  may,  by notification  in  the  official  Gazette,  specify  to  be  "Least  Developed Areas",  for  a  period  of  nine  years  beginning  with  the  month  of commencement of its commercial service;

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1 Subs-sec. (2A) & (2B) ins. by F.O. 1985
2 Subs. "2000" for "1999" by F.A. 1989 and subsequently "1995: for "2000" by F.A. 1991

 

 

(c) if the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be "Less Developed Areas", for a period of 1[seven years] beginning with the month of commencement of its commercial service; and

(d) if the industry is set up in the city of Dhaka, Chittagong or Khulna or the municipality of Rajshahi, or within 15 miles from the outer limits thereof, for a period of 2[five years] beginning with the month of commencement of its commercial service.

(2B)     The exemption under sub-section (2A) shall apply to a tourist industry (hereinafter referred to as the "said industry"), which fulfils the following conditions, namely:-

(a) that the said industry is owned and managed by a Bangladeshi company having subscribed and paid up capital of not less than one lakh taka on the date of commencement of its commercial service;

(b) that the said industry shall have such service facilities as the Board may, by notification in the official Gazette, specify in this behalf;

3[(c) that a part of the income exempted under sub-section(2A), representing not less than [ten percent,] of such income, is invested, within nine months from the end of the income year, in the purchase of bonds or securities issued by the Government and such bonds or securities are retained for at least three years from the date of purchase;];

4[(cc) that a part of the income exempted under sub-section (2A) is invested, 5[during the period, or within one year from the end of the period to which the exemption under that sub-section relates, in the said undertaking or in any new industrial undertaking or in any productive assets being stocks and shares of a public company or bonds or securities issued by the Government and such investment is not less than 6[thirty per cent.] of such income, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed:]

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1 Subs. for "six years" by I.T. (amend.) Ord. 1986, dated 8-7-86 (w.e.f. 1-7-1985)
2 Subs. for "four years" by I.T. (amend.) Ord. 1986, dated 8-7-86 (w.e.f. 1-7-1985)
3 Subs. by F.A. 1992 subsequently omitted by F.A. 1994
4 Subs. by F.A. 1992
5 Subs. for "within two years" form the end of the period by F.A. 1999
6 Subs. for "twenty five percent." by F.A. 1994 which was subs. for twenty per cent by F.,A. 1993.

 

 

1[Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section;]

(d) that an application in the prescribed form for approval for the purposes of this section as verified in the prescribed manner, is made to the Board within 2[one hundred and eighty days] of the date of commencement of commercial service;

(e) that the said industry is approved and, during the relevant income year, stands approved by the Board for the purposes of this section.

3[(2C) The Board shall give its decision on an application made under clause (d) of sub-section (2B) within 4[three months] from the date of receipt of theapplication by the Board, failing which the industry shall be deemed to have been approved by the Board for the purposes of this section.

(3) The profits and gains of the said industry to which this section applies   shall be computed in accordance with the provisions of sections 28 and 29:

Provided that in respect of depreciation, only the allowance for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed.

(4) The profits and gains of the said industry shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such industry, it shall be carried forward and set off against the profits and gains of the said industry for the following year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the next year and so on, but no loss shall be carried forward beyond the period of exemption allowed under this section.

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1 Ins. by F.A. 1999
2 Subs. for "one hundred and twenty days" by F.O. 1986
3 Ins. by F.A. 1990
4 Subs. by F.A. 1992

 

 

(5) Nothing contained in this section shall be so construed as to exempt the following:-

(a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its shareholders out of the profits and gains exempt from tax under this section; and

(b) any income of the said industry classifiable as "Capital gains" chargeable under the provisions of section 31.

(6)  Where  any  exemption  has  been  allowed  under  this  section  and  it  is subsequently discovered by the Deputy Commissioner of Taxes that any one or  more  of  the  conditions  specified  in  this  section  were  not  fulfilled,  the exemption originally allowed shall be deemed to have been wrongly allowed and  the  Deputy  Commissioner  of  Taxes  may,  notwithstanding  anything contained  in  this  Ordinance,  re-compute  the  total  income  of,  and  the  tax payable by, the assessee for the relevant income year, and the provisions of section 93 or 94 shall, so far as may be, apply thereto, the period of two years specified in section 94 being reckoned from the end of the assessment year
relevant to the income year in which the infringement was discovered..

(7) A tourist industry approved under this section may, not later than six months from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such orders thereon as it may deem fit.

1[(8) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially the exemption allowed under this section.]

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1 Ins. by F. A. 1992

46A. Exemption from tax of newly established industrial undertakings, etc. in certain cases.-

1[46A. Exemption from tax of newly established industrial undertakings, etc. in certain cases.-

(1) Subject to the provisions of this Ordinance,2[ profits and gains under section 28 from] an industrial undertaking, tourist industry or physical infrastructure facility (hereinafter referred to as the said undertaking) set-up in Bangladesh between the first day of July, 1995 and the thirtieth day of 3[June, 2008] (both days inclusive) shall be exempt from the tax payable under this Ordinance for the period specified below-

(a) if the said undertaking is set-up in 4[Dhaka and Chittagong divisions,] excluding the hill districts of Rangamati, Bandarban and Khagrachari, for a period of 5[ four] years beginning with the month of commencement of commercial production or operation of the said undertaking;

(b) if the said undertaking is set-up in 6[Rajshahi, Khulna, Sylhet and Barisal divisions and the hill districts of Rangamati, Bandarban and Khagrachari, for a period of 7[six] years beginning with the month of commencement of commercial production or operation of the said undertaking

8.[ Explanation.-- For the purposes of this section,  industry or undertaking, tourist industry or physical infrastructure facility does not include expension of an existing undertaking.]

9[(1A) industrial undertaking, tourist industry, or physical infrastructure facility does not include expansion of an existing undertaking for the purpose of this section,-

(i)   "industrial undertaking" means an industry engaged in the production of textile, textile machinery, high value garments, pharmaceuticals, melamine, plastic products, ceramics, sanitary ware, steel from iron ore, fertilizer, insecticide & pesticide, computer hardware, petro-chemicals, basic raw materials of drugs,

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1 Ins. by F.A. 1995
2 Subs. for "profits and gains of " by F.A. 2006
3 Subs. for "June, 2000" by F.A. 2000 again subs. for "June, 2005" by F.A. 2005
4 Subs. for "Dhaka, Chittagong and Sylhet divisions" by F.A. 2000
5 Subs. for "five" by F.A. 2005
6 Subs. for "Rajshahi, Khulna and Barisal divisions" by F.A. 2000
7 Subs. for "seven" by F.A. 2005
8 Subs. by F.A. 2002 subsequently omitted by F.A. 2005
9 Ins. by F.A. 2005

 

chemicals, pharmaceuticals, agricultural machine, ship building, boilers, compressors and any other category of industrial undertaking as the Government may by notification in the official Gazette specify.

Explanation: 'high value garments' mean overcoats, jackets and suits.

(ii)  "physical infrastructure facility" means sea or river port, container terminals, internal container depot, container freight station, LNG terminal and transmission line, CNG terminal and transmission line, gas pipe line, flyover, large water treatment plant & supply through pipe line, waste treatment plant, 1[solar energy plant,] export processing zone and any other category of physical infrastructure facility as the Government may by notification in the official Gazette specify;

(iii) "tourist industry" means residential hotel having facility of three star or more and any other category of tourist industry facility as the Government may by notification in the official Gazette specify.]

(2) The exemption under sub-section (1) shall apply to the said undertaking if itfulfils the following conditions, namely:-

(a) that the said undertaking is owned and managed by-

(i)   a body corporate established by or under an Act of Parliament with its head office in Bangladesh; or

(ii)  a company as defined in the Companies Act, 1913 (VII of 1913) or কোম্পানী আ‌ইন, 1994 (1994 সনের 18নং আইন) with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production or operation;

2[(b) that the said undertaking is engaged in -

(i) the manufacture of goods or materials or the subjection of goods or materials to any such process, or the exploration and extraction of mineral resources and processing of agricultural products;

(ii) providing, on commercial basis, physical infrastructure facility;

(iii)   tourist industry as defined in the explanation to section 46.

 [Explanation.- For the purposes of this section, "physical infrastructure facility" means generation, transformation, conversion, transmission and distribution or supply of electrical energy or hydraulic power, or road, highway, bridge, airport, or the system of railway or telecommunication, or such other public facility of similar nature as may be specified by the Board in this behalf by notification in the official Gazette; ]

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1 Ins. by F.O. 2007
2 Omitted by. F.A. 2005

 

 

1[ (c) that thirty per cent of the income exempted under sub-section (1) is invested in the said undertaking or in any new industrial undertakings during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that another ten per cent of the income exempted under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed:

Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section:

2[Provided further that the provision for purchase of shares of a company listed with any stock exchange referred to in this clause shall not be applicable to ready made garments industry, if it re-invests forty per cent of the income exempted under sub-section (1) in the said undertaking or in any new industrial undertaking during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates.]

(d) that the said undertaking is not formed by splitting up or by reconstruction or reconstitution of business already in existence or by transfer to a new business of any machinery or plant used in business which was being carried on in Bangladesh at any time before the commencement of the new business;

(e) that the said undertaking is approved, and during the relevant income year, stands approved by the Board for the purposes of this section;

(f)   that the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board 3[within six months from the end of the month] of commencement of commercial production or operation.

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1 Subs. by F.A. 2005
2 Ins. by F.A. 2009
3 Subs. for "within one hundred eighty days form the date" by F.A. 2000 

 

 

1[(2A) Notwithstanding anything contained in this section-

(a) where a said undertaking enjoying exemption of tax under this section is engaged in any commercial transaction with another undertaking or company having one or more common sponsor directors, and

(b) during the course of making an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the said undertaking has purchased or sold goods at higher or power price in comparison to the market price with intent to reduce the income of another undertaking or company-

the exemption of tax that said undertaking shall be deemed to have been withdrawn for that assessment year in which such transaction is made.

(3) The Board shall give its decision on an application made under clause (f) of sub-section (2) within 2[forty five days] from the date of receipt of the application by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section:

3[Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard.]

(4) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (3), if the application is made within four months of the receipt of such decision or order, review the previous decision or order and pass such order in relation thereto as it thinks fit.

(5) The profits and gains of the undertaking to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head "Income from business or profession":

4[Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed.]

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1 Subs. by F.A. 2003
2 Subs. for "three months" by F.A. 2002 again subs. for " thirty days" by F.A. 2003
3 Ins. by F.A. 2002
4 Subs. by F.A. 1999

 

 

(6) The profits and gains of the said undertaking shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking it shall be carried forward and set off against the profits and gains of the said undertaking for the following year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the next year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (3) or (4).

(7) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section:-

(a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains;

(b) any income of the said undertaking classifiable as "Capital gains" chargeable under the provisions of section 31; 1[and].

2[(c) any income of the said undertaking resulting from disallowance made under section 30 3 [.

[(d) dividend distribution tax under section 16D.]

(8) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled, the exemption will stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year.

(9) Any such undertaking approved under this section may, not latter than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such orders thereon as it may deem fit.

.........................................................................................................

1 Omitted by F.A. 2003
2 Ins. by F.A. 2001
3 Subs. "full-stop" for "semi colon" and omitted clause (d) by F.A. 2005

(10) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section.

(11) The Board may make rules regulating the procedure for the grant of approval under sub-section (3), review under sub-section (4) and furnishing of information regarding payment of other taxes by the said undertaking and any other matters connected with or incidental to operation of this section.

46B. Exemption from tax newly established industrial undertakings set-up between the period of July, 2011 to June, 2[2019], etc. in certain cases.-

 

1[46B. Exemption from tax of newly established industrial undertakings set up  between  the  period  of  July,  2011  and 2[June, 3[2019],  etc.  in  certain cases.- 

(1)  Subject  to  the  provisions  of  this  Ordinance,  income,  profits  and gains under section 28 from an industrial undertaking (hereinafter referred to as the said undertaking) set-up in Bangladesh between the first day of July, 2011  and  the 4[thirtieth  day  of  June, 5[2019]  (both  days  inclusive)  shall  be exempted from the tax payable under this Ordinance for the period, and at the rate, specified below:

if the said undertaking is set-up in-
6[(i) Dhaka, Mymensingh and”  Chittagong  divisions,  excluding  Dhaka,   Narayanganj, Gazipur,  Chittagong,  Rangamati,  Bandarban and Khagrachari  districts, for a period of five years beginning with the month of commencement of commercial production of the said undertaking:

Period of Exemption  Rate of Exemption Rate of Exemption
For the first and second year 100% of income
For the third year 60% of income
For the fourth year 40% of income
For the fifth year 20% of income ;

.....................................................................................
1 Subs. by F.A. 2011

2 Subs for "June 2013" by F. A. 2013
3 Subs. for "2015" by F.A. 2014

4 Subs for "thirtieth day of June, 2013" by F. A. 2013
5 Subs. for "2015" by F.A. 2014
6 Subs. by F.A. 2017

 

 

1[(ii)  Rajshahi,  Khulna,  Sylhet,  Barisal  and  Rangpur  divisions  (excluding City Corporation area)  and Rangamati, Bandarban and Khagrachari districts, for  a  period  of  ten  years  beginning  with  the  month  of  commencement  of commercial production of the said undertaking:

Period of Exemption  Rate of Exemption Rate of Exemption
For the First and second year 100% of income
For the third year  70% of income
For the fourth year   55% of income
For the fifth year  40% of income
For the sixth year   25% of income
For the seventh to tenth year 20% of income:


 
Provided that any industry engaged in the production of item as referred to in clause (e) or clause (l) of sub section (2) shall be entitled to exemption from tax under the provision of this section even if it is set up in the districts of Dhaka, Gazipur, Narayanganj or Chittagong.]
 
 ........................................................................

1 Subs .  by F.A. 2014

 

 

(2) For the purpose of this section-

"industrial undertaking" means an industry engaged in the production of-

(a)  active  pharmaceuticals  ingredient  industry  and  radio pharmaceuticals industry;

1[(aa) automobile manufacturing industry]
(b) barrier contraceptive and rubber latex;


(c) basic chemicals or dyes and chemicals;


(d) basic ingredients of electronic industry (e.g. resistance, capacitor, transistor, integrator circuit);

2[(dd)bi-cycle manufacturing industry]


(e) bio-fertilizer;


(f) biotechnology;
(g) boilers;
3[(gg)  brick  made  of  automatic  Hybrid  Hoffmann  Kiln 4[or tunnel kiln] technology;]
(h) compressors;

.......................................................................................

1 Ins . by F.A. 2015

2 Ins . by F.A. 2015

3 Ins . by F.A. 2014

4 Ins . by F.A. 2015

 

 

(i) computer hardware;


(j) energy efficient appliances;


(k) insecticide or pesticide;


(l) petro-chemicals;


(m) pharmaceuticals;


(n) processing of locally produced fruits and vegetables;


(o)  radio-active  (diffusion)  application  industry  (e.g.  developing quality  or  decaying  polymer  or  preservation  of  food  or  disinfecting medicinal equipment);


(p) textile machinery;


(q) tissue grafting; 1[or

[(qq) tyre manufacturing industry;or]
(r)  any  other  category  of  industrial  undertaking  as  the  Government may, by notification in the official Gazette, specify.


(3) Notwithstanding anything contained in sub-section (2), for the purpose of this  section  industrial  undertaking  shall  not  include  expansion  of  such  an existing undertaking.


(4) The exemption under sub-section (1) shall apply to the said undertaking if it fulfils the following conditions, namely:-


(a) that the said undertaking is owned and managed by-


(i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or


(ii) a company as defined in  কোম্পানী আইন, 1994 (1994 সনের ১৮ নং  আইনকোম্পানী আইন)  with its registered office in Bangladesh and having a subscribed  and  paid  up  capital  of  not  less  than  two  million taka  on  the  date  of  commencement  of  co mmercial production;

............................................................................................

1Omitted 'or' and ins. new claus(qq) by F. A. 2015

 

 

(b) that thirty percent of the exempted income under sub-  section (1) is  invested  in  the  said  undertaking  or  in  any  new  industrial undertaking during the period of exemption or within one year from the end of the period to which the exemption under that sub -section relates  and  in  addition  to  that,  another  ten  percent  of  the  exempted income  under  sub-section  (1)  is  invested  in  each  year  before  the expiry  of  three  months  from  the  end  of  the  income  year  in  the purchase  of  shares  of  a  company  listed  with  any  stock  exchange, failing  which  the  income  so  exempted  shall,  notwithstanding  the provisions of this Ordinance, be subject to tax in the assessment year
for which the exemption was allowed:

Provided  that  the  quantum  of  investment  referred  to  in  this  clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section;


(c)  that  the  said  undertaking  is  not  formed  by  splitting  up  or  by reconstruction or reconstitution of business already in existence or by transfer to a new business of any machinery or plant used in business which  was  being  carried  on  in  Bangladesh  at  any  time  before  the commencement of the new business;


(d)  that  the  said  undertaking  is  approved,  and  during  the  relevant income year, stands approved by the Board for the purposes of this section;


(e)  that  application  in  the  prescribed  form  for  approval  for  the purposes of this section, as verified in the prescribed manner, is made to  the  Board  within  six  months  from  the  end  of  the  month  of commencement of commercial production;


(f)  that  the  said  undertaking  obtained  a  clearance  certificate  for  the relevant income year from the Directorate of Environment;


(g) that the said undertaking maintains books of accounts on a regular basis and submits return of its income as per provisions laid down in section 75 of this Ordinance.]

...................................................................................................................

 

 

(5) Notwithstanding anything contained in this section, where an undertaking enjoying  exemption  of tax  under this  section  is  engaged  in  any  commercial transaction  with  another  undertaking  or  company  having  one  or  more common sponsor directors, and during  the course of making an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the said  undertaking  has  purchased  or  sold  goods  at  higher  or  lower  price  in comparison to the market price with intent to reduce the income of  another undertaking  or  company,  the  exemption  of  tax  of  that  undertaking  shall  be deemed  to  have  been  withdrawn  that  assessment  year  in  which such transaction is made.


(6) The Board shall give its decision on an application made under clause (e) of  sub-section  (4)  within  forty  five  days  from  the  date  of  receipt  of  the application  by  the  Board,  failing  which  the  undertaking  shall  be  deemed  to have been approved by the Board for the purposes of this section:

Provided  that  the  Board  shall  not  reject  any  application  made  under  this section unless the applicant is given a reasonable opportunity of being heard.


(7)  The  Board  may,  on  an  application  of  any  person  aggrieved  by  any decision  or  order  passed  under  sub-section  (6),  if  the  application  is  made within  four  months  of  the  receipt  or  such  decision  or  order,  review  the previous decision, order or orders and pass such order in relation thereto as it thinks fit.


(8)  The  income,  profits  and  gains  of  the  undertaking  to  which  this  section applies  shall  be  computed  in  the  same  manner  as  is  applicable  to  income chargeable under the head "Income from business or profession".

Provided  that  in  respect  of  depreciation,  only  the  allowances  for  normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed.


(9)  The  income,  profits  and  gains  of  the  undertaking  to  which  this  section applies shall be computed separately from other income, profits and gains of the  assessee,  if  any,  and  where  the  assessee  sustains  a  loss  from  such undertaking it shall be carried forward and set off against the profits and gains of the said undertaking for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year  and  so  on,  but  no  loss  shall  be  carried  forward  beyond  the  period specified by the Board in the order issued under sub-section (6) or (7).

................................................................................................

 

(10) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section:-


(a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains;
(b) any income of the said undertaking classifiable as "Capital gains"chargeable under the provisions of section 31;
(c)  any  income  of  the  said  undertaking  resulting  from  disallowance made under section 30.


(11) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one  or  more  of  the  conditions  specified in  this  section  are  not fulfilled,  the exemption  shall  stand  withdrawn  for  the  relevant  assessment  year  and  the Deputy Commissioner of Taxes shall determine the tax payable for such year.

1[or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of the Board of Investment or any competent authority of the Government, as the case may be, for this purpose]


(12)  Any  such  undertaking  approved  under  this  section  may,  not  later  than one  year  from  the  date  of  approval,  apply  in  writing  to  the  Board  for  the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit.


(13) Notwithstanding anything contained in this section, the Board may, in the public  interest,  cancel  or  suspend  fully  or  partially  any  exemption  allowed under this section.


(14)  The  Board  may  make  rules  regulating  the  procedure  for  the  grant  of approval  under  sub-section  (6),  review  under  sub-section  (7),  furnish information  regarding  payment  of  other  taxes  by  the  said  undertaking,  and take such other measures connected therewith or incidental to the operation of this section as it may deem fit.

---------------------------------------------------------------------------------------------------------

1Ins.clause (qq) by F.A. 2015

46C. Exemption from tax of newly established physical infrastructure facility set up between the period of July, 2011 and June, 2 [2019], etc.

I.T Manual, Part-1                                                                                                                                                                                                                    [Sec. 46C

 

1[46C.  Exemption  from  tax  of  newly  established  physical  infrastructure facility set up between the period of July, 2011 and  2[June,3[2019], etc. in certain  cases.-

4[(1)  Subject  to  the  provisions  of  this  Ordinance,  income, profits  and  gains  under  section  28  from  physical  infrastructure  facility,hereinafter referred to as the said facility, set up in Bangladesh between the first  day  of  July,  2011  and  the  thirtieth  day  of  June,5[2019]  (both  days inclusive) shall be exempted from the tax payable under this Ordinance for ten  years  beginning  with  the  month  of  commencement  of  commercial operation, and at the rate, specified below:

Period of Exemption Rate of Exemption
For the first and second year   100% of income
For the third year   80% of income
For the fourth year 70% of income
For the fifth year 60% of income
For the sixth year 50% of income
For the seventh year  40% of income
For the eighth year   30% of income
For the ninth year 20% of income
For the tenth year 10% of income.]

(2) For the purpose of this section, "physical infrastructure facility" means,-


(a) deep sea port;


(b) elevated expressway;


(c) export processing zone;


(d) flyover;


(e) gas pipe line;


(f) Hi-tech park;


(g)  Information  and  Communication  Technology  (ICT)  village  or software technology zone;


(h) Information Technology (IT) park;

.................................................................................

1 Ins. by F.A. 2011

2 Subs. for "June 2013" by F. A. 2013
3 Subs. for "2015" by F.A. 2014.
4 Subs. by F.A. 2013.
5 Subs. for "2015" by F.A. 2014
 

 


(i) large water treatment plant and supply through pipe line;


(j) Liquefied Natural Gas (LNG) terminal and transmission line;


(k) mono-rail;


(l) rapid transit;


(m)  renewable  energy  (e.g  energy  saving  bulb,  solar  energy  plant, windmill);
(n) sea or river port;
(o) 1[toll road or bridge];


(p) underground rail;


(q) waste treatment plant; or


(r)  any  other  category  of  physical  infrastructure  facility  as  the Government may, by notification in the official Gazette, specify.


(3) The exemption under sub-section (1) shall apply to the said facility if it fulfils the following conditions, namely:-


(a) that the said facility is owned and managed by-


(i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or


(ii) a company as defined in  কোম্পানী আইন, 1994 (1994 সনের ১৮ নং আইন)  with  its  registered  office  in  Bangladesh  and  having  a subscribed and paid up capital of not less than two million taka on the date of commencement of commercial production;

................................................................................................

1 Subs F. A. 2012

 

 

(b) that thirty percent of the exempted income under sub-section (1) is invested  in  the  said  facility  or  in  any  new  physical  infrastructure facility  during  the  period of  exemption or  within  one  year from  the end  of  the  period  to  which  the  exemption  under  that  sub-section relates  and  in  addition  to  that,  another  ten  percent  of  the  exempted income  under  sub-section  (1)  is  invested  in  each  year  before  the expiry  of  three  months  from  the  end  of  the  income  year  in  thepurchase  of  shares  of  a  company  listed  with  any  stock  exchange, failing  which  the  income  so  exempted  shall,  notwithstanding  the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed:


Provided  that  the  quantum  of  investment  referred  to  in  this  clause shall be reduced by the amount of dividend,  if any, declared by the company enjoying tax exemption under this section:


(c) that the said facility is approved, and during the relevant income year, stands approved by the Board for the purposes of this section;


(d)  that  application  in  the  prescribed  form  for  approval  for  the purposes of this section, as verified in the prescribed manner, is made to  the  Board  within  six  months  from  the  end  of  the  month  of commencement of commercial operation;


(e)  that  the  said  facility  maintains  books  of  accounts  on  a  regular basis and submits return of its income as per provisions of section 75 of this Ordinance.


(4) The Board shall give its decision on an application made under clause (d) of  sub-section  (3)  within  forty  five  days  from  the  date  of  receipt  of  the application by the Board, failing which the facility shall be deemed to have been approved by the Board for the purposes of this section:

Provided  that  the  Board  shall  not  reject  any  application  made  under  this section unless the applicant is given a reasonable opportunity of being heard.

.........................................................................

(5)  The  Board  may,  on  an  application  of  any  person  aggrieved  by  any decision  or  order  passed  under  sub-section  (4),  if  the  application  is  made within  four  months  of  the  receipt  of  such  decision  or  order,  review  the previous decision, order or orders and pass such order in relation thereto as it thinks fit.


(6) The income, profits and gains of the facility to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head "Income from business or profession":


Provided  that  in  respect  of  depreciation,  only  the  allowances  for  normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed.


(7) The income, profits and gains of the facility to which this section applies shall  be  computed  separately  from  other  income,  profits  and  gains  of  the assessee, if any, and where the assessee sustains a loss from such facility it shall be carried forward and  set off against the profits and gains of the said facility for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year and so on,  but  no  loss  shall  be  carried  forward  beyond  the period  specified  by  the Board in the order issued under sub-section (4) or (5).


(8) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section :-


(a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains;


(b)  any  income  of  the  said  facility  classifiable  as  "Capital  gains" chargeable under the provisions of section 31;


(c) any income of the said facility resulting from disallowance made under section 30.

......................................................................................

(9) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one  or  more  of  the  conditions  specified in  this  section  are  not fulfilled,  the exemption  shall  stand  withdrawn  for  the  relevant  assessment  year  and  the Deputy Commissioner of Taxes shall determine the tax payable for such year. 1[or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of the Board of Investment or any competent authority of the Government, as the case may be, for this purpose]

-----------------------------------------------------------------------------------------------------------

1. Ins.by F.A 2015

 

 


(10)  Any  such  facility  approved  under  this  section  may,  not  later  than  one year  from  the  date  of  approval,  apply  in  writing  to  the  Board  for  the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit.


(11) Notwithstanding anything contained in this section, the Board may, in the public  interest,  cancel  or  suspend  fully  or  partially  any  exemption  allowed under this section.


(12)  The  Board  may  make  rules  regulating  the  procedure  for  the  grant  of approval  under  sub-section  (4),  review  under  sub-section  (5),  furnish information  regarding  payment  of  other  taxes  by  the  said  facility,  and  take such other measures connected therewith or incidental to the operation of this section as it may deem fit.]

 

 

47. Exemption of income of co-operative societies.-

47. Exemption of income of co-operative societies.-

 

(1) Tax shall not be payable by a co-operative society

1[including a co-operative society carrying on the business of banking] in respect of-

2(a) so much of its income as is derived by it as a result  of such of its dealings  with  its  members  as  involve  sale  of  goods,  the  lending  of money or the lease of buildings and land which is for the personal use of such members, or where such member is a firm or an association of persons, for the personal use of the partners or members thereof;

(b) the entire income from business carried on by it, if it is engaged in the following:-

-----------------------------------------------------------------------------------------------

1 Omitted by F. A. 2012

2 Omitted by F. A. 2015

 

(i) agricultural or rural credit;

(ii) cottage industry;

(iii) marketing of agricultural produce of its members;

(iv) purchase of agricultural implements, seeds, livestock or other articles intended for agriculture for the purpose of supplying them to its members; or

(v) such processing, not being the performance of any manufacturing operation with the aid of power, of the agricultural produce of its members as is ordinarily employed by a cultivator to render marketable the agricultural produce raised by him;

1(c)  any  income  from  interest  and  dividends  derived  from  its investments with any other co-operative society; and

(d) any income derived from the letting of godowns or warehouses for the purpose of storage, processing or facilitating the marketing of commodities belonging or meant for sale to its members.

Explanation.-For the purpose of this section,-

(a) “cottage industry” means an enterprise, not being owned by a joint stock company which fulfils the following conditions, namely:-

(i) it is basically an enterprise in which the owner is the investor, a fulltime worker and the actual entrepreneur;

(ii) the capital invested in plant, machinery and equipment does not exceed 2[three lakh taka] at any time during the income year;

(iii) the number of workers, including the owner and the members of his family, shall not on any one twenty-four hour day during the income year, exceed 3[fifteen]; and

(iv) the owner of the enterprise or any member of his family does not own any other industrial or commercial enterprise either in his own name or in the name of any other person; and

(b) “member of his family”, in relation to the owner of an enterprise, means the parents, spouse and children dependent on the owner and employed in the enterprise, whether working full-time or part-time, or whether for or without any wages, remuneration or compensation in any form.

(2) Nothing contained in sub-section (1) shall apply to a co-operative society carrying on such business of insurance as is carried on by a mutual insurance association in respect of its profits and gains to which paragraph 8 of the Fourth Schedule applies.


1 Omitted by F. A. 2015

2 Subs for "one lakh taka" by F. A. 1995

2 Subs for "ten" by F. O. 1985