Income Tax Ordinance

Chapter IX

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81. Provisional assessment.-

CHAPTER IX
ASSESSMENT

 

81. Provisional assessment.-

(1) The Deputy Commissioner of Taxes may, at any time after the first day of July of the year for which the assessment is to be made, proceed to make, in a summary manner, a provisional assessment of the tax payable by the assessee on the basis of the return and the accounts and documents, if any, accompanying it and where no return has been filed, on the basis of the last assessment including an assessment under this section.


(2)  In  making  a  provisional  assessment  under  this  section,  the  Deputy Commissioner of Taxes shall-


(a)  rectify  any  arithmetical  errors  in  the  return,  accounts  and documents;
(b) allow, on the basis of the information available from the return, accounts and documents, such allowances as are admissible under the Third Schedule and any loss carried forward under section 38 or 39 or 41.


(3)  For  the  purposes  of  payment  and  recovery,  the  tax  as  determined  to  be payable upon provisional assessment shall have effect as if it were determined upon regular assessment.


(4) The tax paid or deemed to have been paid under Chapter VII, in respect of any income provisionally assessed under sub-section (1), shall be deemed to have been paid towards the provisional assessment.


(5)  Any  amount  paid  or  deemed  to  have  been  paid  towards  provisional assessment  under  this  section  shall  be  deemed  to  have  been  paid  towards regular  assessment  ;  and  the  amount  paid  or  deemed  to  have  been  paid towards provisional assessment in  excess of the amount found payable after regular assessment shall be refunded to the assessee.


(6) Nothing done or suffered by reason or in consequence of any provisional assessment made under this section shall prejudice the etermination on merit of any issue which may arise in the course of regular assessment.


(7) There shall be no right of appeal against a provisional assessment under this section.

 

 

82. Assessment on correct return.

1[82. Assessment on correct return.-

Where a return or a revised return has been filed under Chapter VIII and the Deputy Commissioner of Taxes is satisfied, without  requiring  the  presence  of  the  assessee  or  the  production  of  any evidence,  that  the  return  is  correct  and  complete,  he  shall  assess  the  total income of the assessee and determine the tax payable by him on the basis of such  return  and  communicate  the  assessment  order  to  the  assessee  within thirty days next following :
Provided that -

(a) such return shall be filed on or before the date specified  in 2[ sub-section (5)] of section 75;
(b) the amount of tax payable shall be paid on or before the date on which the return is filed; 3[and]
(c) such return does not show any loss or lesser income than the last assessed income, or assessment on the basis of such return does not result in refund 4[;and
(d) such return shall mention twelve-digit Taxpayer's Identification Number.]

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1Subs. Section 82 by F.O. 2008

2Ins F. A 2017
3Omitted by F.A.2014
4Subs. "and" for "full stop" and ins. new claus (d) by F.A.2014

82A. Assessment under simplified procedure.-

1[82A. Assessment under simplified procedure.- 

Where, an assessee, other than a  public  limited  company  as  defined  in  the  Companies  Act,  1913  (VII  of 1913) or  কোম্পানী আইন, 1994 (1994 সনের ১৮ নং আইন), who has previously been assessed for any assessment year ended on or before the thirtieth day of June,1995,  files  a  return  showing  income  for  the  income  year  relevant  to  the assessment  year  commencing  on  or  after  the  first  day  of  July,  1995  and ending on or before the thirtieth day of June, 1997 and the income shown in such  return  is  higher  by  not  less  than  ten  per  cent.  over  the  last  assessed income and has also increased by at least a further sum of ten per cent. for each  preceeding  assessment  year  in  respect  of  which  the  assessment  is pending,  the  return  filed  by  the  assessee  shall  be  deemed  to  be  correct  and complete,  and  the  Deputy  Commissioner  of  Taxes  shall  assess  the  total income  of  the  assessee  on  the  basis  of  such  return  and  determine  the  tax payable  by  him 2[on  the  basis  of  such  assessment,  and  communicate  the assessment order to the assessee within thirty days next following],

provided-

(a) he has, at the  time of filing such return, made payment of the tax on the basis  of  the  return,  or  taka  twelve  hundred,  whichever  is  higher,  and  the assessment on the basis of such return shall not result in any refund; 3[and]

4[(b) the net accretion of his wealth, if he  is required to submit statement of assets and liabilities under 5[clause (c) of sub-section (3) of section 75], along with his disclosed family expenses  and  taxes  paid  during  the  year,  shall  not  exceed  the  income disclosed for the year and the income or receipt, if any, exempted from tax] 6[;and
(c)  such  return  contains  twelve-digit  Taxpayer's  Identification  Number (TIN).]

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1 Ins. by F.A. 1995
Subs. for the words "on the basis of such assessment" by F.A. 1996

Omitted by F.A. 2014
Subs. by F.A. 1996

5Subs. by F.A. 1996
6 Ins. by F.A. 2014

 

82B Assessment on the basis of return.—

 

1[82B.]Assessment on the basis of return.—

2[(1) Notwithstanding anything contained in this Ordinance, the Board may direct that any return on income filed by an assessee or class of assessee or classes of assessee for any income year under any provision of this Ordinance be accepted.]

 

(2) Where a return of income for any income year is directed to be accepted under sub-section (1), the Deputy Commissioner of Taxes shall receive such return himself or cause to be received by any other official authorized by him and issue a receipt of such return with signature and official seal affixed thereon and the said receipt shall be deemed to be an order of assessment under section 82 for the assessment year for which the return is filed..

 

(3) Notwithstanding anything contained in sub-section (1) and (2) and section 93, the Board or any authority subordinate to the Board, if so authorised by the Board in this behalf, may select any of the returns filed in accordance with sub-section(2) and refer the returns so selected to he Deputy Commissioner of Taxes for the purpose of audit and the Deputy Commissioner of Taxes shall proceed, if so required, to make the assessment under section 83 or section 84,as the case may be..

 

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1Subs. by F.A. 2003 and omitted by F.O. 2008

2 Subs. by F. A. 2004

 

 

 

 

82BB. Universal Self Assessment.-


1[82BB. Universal Self Assessment.(1) Where an assessee files a return of income mentioning twelve-digit Taxpayer's Identification Number (TIN) in compliance with the conditions and within the time specified in section 75 and pays tax in accordance with the provision of section 74, he shall be issued by the Deputy Commissioner of Taxes or any other official authorised by him, an acknowledgment of receipt of the return and such acknowledgment shall be deemed to be an order of assessment of the Deputy Commissioner of Taxes.

 

 (2) The Deputy Commissioner of Taxes shall process the return filed under sub-section (1) in the following manner, namely:-

 (a)  income shall be computed after making the adjustments in respect of

       any arithmetical error in the return or any incorrect claim which is

       apparent from the existence of any information in the return or in any

        statement or document filed therewith;

 

 (b)  tax and any other amount payable under this Ordinance shall be

        computed on the basis of the income computed under clause (a); and

 

(c)  the sum, payable by or refundable to the assesse, shall be determined  

     after giving credit of the sum paid by way of advance tax including  

      the tax paid at source and the tax paid under this Ordinance.

(3) Where the process of return results in a difference in the amount of income, tax or other material figures than the amount mentioned in the return filed under sub-section (1), the Deputy Commissioner of Taxes shall serve a notice to the assessee-

 (a) communicating him about the difference and enclosing with the notice a  

       sheet of computation of income, tax, refund or other related particulars

       that resulted from the process of return;

 

(b)  giving him an opportunity to explain his position in writing within the

       time specified in the notice where the process of return results in

       additional liability or in reduction of refund, as the case may be; and

 

(c)  giving him an opportunity to-

                  (i)  file an amended return, in the applicable cases, within the time

                        specified in the notice, addressing the difference mentioned in the

                        notice; and

           (ii) pay, within the time specified in the notice, the tax and any other  

                 amount that becomes payable as a result of the process;

 (4) Where a notice under sub-section (3) is served, the Deputy Commissioner of Taxes shall-

 

       (a) send a letter of acceptance of amended return within sixty days where all of the following conditions are fulfilled-

           (i)  an amended return is filed in accordance with the provision of clause   

                (c) of sub-section (3);

           (ii)  any tax or any other amount, payable under this Ordinance as a result

                  of the process, has been paid on or before the submission of the

                  amended return; and

          (iii)  the difference mentioned in sub-section (3) has been duly resolved in

                   the return;

       (b)   serve, after the expiry of the date of response of the assessee as  mentioned in the notice under sub-section (3), a notice of demand along with a sheet of computation of income, tax, refund or other related particulars where any of the conditions mentioned in clause (a) is not fulfilled:
Provided that a notice of demand shall be served within six months from the date of serving notice under sub-section (3).

 

(5) Where, after filing the return under sub-section (1), the assessee finds that owing to any unintentional mistake the tax or any other amount payable under this Ordinance has been paid short or computed short by reasons of underreporting of income or overreporting of rebate, exemption or credit or for any other reasons, he may file to the Deputy Commissioner of Taxes an amended return-

(a) attaching with the amended return a written statement mentioning the nature and the reason for the mistake;

 (b) paying in full, on or before filing the amended return –

       (i) the tax and any other amount that was paid short or computed short;

            and

      (ii) an interest at the rate of two percent (2%) per month on the amount

            mentioned in sub-clause (i);

 and if the Deputy Commissioner of Taxes is satisfied that the amended return is filed in compliance with the conditions mentioned in clause (a) and (b), he may allow the amended return:

  Provided that no amended return shall be allowed-

 

 (a) after the expiry of one hundred and eighty days from the date   of filing   

       the original return under sub-section (1); or

 

(b)  after the original return has been selected for audit under

       sub-section (7).

 

(6) No notice under sub-section (3) shall be served after the expiry of twelve months from the date of the submission of return under sub-section (1) or amended return under sub-section (5), as the case may be.

 

(7) The Board or any authority subordinate to the Board, if so authorised by the Board in this behalf, may select, in the manner to be determined by the Board, a number of returns filed under subsection (1) or of amended returns accepted under clause (a) of subsection (4) or of amended returns allowed under sub-section (5), and refer the same to the Deputy Commissioner of Taxes for the purpose of audit:

 

 Provided that a return filed or an amended return accepted or allowed under this section shall not be selected for audit where-

 

  1. such return or amended return shows at least fifteen percent (15%) higher total income than the total income assessed in the immediately preceding assessment year; and

 

  1. such return or amended return-

 

  1. is accompanied by corroborative evidence in support of income    

        exempted from tax;

  1. is accompanied by a copy of bank statement or account statement, as the case may be, in support of any sum or aggregate of sums of loan exceeding taka five lakh taken other than from a bank or financial institution;

 

  1. does not show the receipt of gift during the year;

 

  1. does not show any income which is subject to tax exemption or   

         reduced tax rate under section 44; or

 

  1. does not show or result any refund.

 

(8) Where after conducting the audit the Deputy Commissioner of Taxes is satisfied that the affairs of the assessee has not been duly reflected in the return or the amended return or in statements and documents submitted therewith, he shall communicate the findings of the audit to the assessee and serve a notice requiring him to file a revised return reflecting the findings of the audit, and pay tax and any other applicable amount on the basis of the revised return on or before the filing of such revised return.

 

(9) Where a revised return is filed and the Deputy Commissioner of Taxes is satisfied that the findings of audit has been duly reflected in the revised return and the tax and any other applicable amount have been fully paid in compliance with the provision of sub-section (8), he may accept the revised return and issue a letter of acceptance to the assessee.

 

(10) Where after the service of notice under sub-section (8) no revised return is filed or the revised return that has been filed does not reflect the findings of the audit, or tax or other applicable amount has not been paid in compliance with the provisions of sub-section (8), the Deputy Commissioner of Taxes shall proceed to make assessment under section 83 or 84, whichever is applicable.

 

 (11) In the case of a return submitted under sub-section (1), no question as to the source of initial capital of the business or profession of a new assessee shall be raised, if the assessee-

 

    (a) shows income which exceeds the tax exemption threshold and which is not    

          less than twenty percent (20%) of the initial capital invested in the business

          or profession;

 

  1. pays tax on such income at regular tax rate along with any other  

             applicable amount on or before filing of return; and

 

  1. mentions in writing that the return falls under this subsection.

 

 (12) In the case of a return for which the provision of subsection (11) applies, the minimum amount of capital maintained in the business or profession at the end of the income year and four subsequent income years shall be equal to the initial capital; and any amount of shortfall of the capital in any income year shall be deemed as "income from business or profession" for that income year and shall be included in total income of the assessee.

(13) For the purpose of this section-

(a) a return includes any statement required to be filed under section 80;

 

 (b) “an incorrect claim which is apparent from the existence of any information  in the return or in any statement or document filed therewith” shall mean a claim, on the basis of an entry, in the return or in the statement or document submitted with the return-


(i) of an item, which is inconsistent with another entry of the same, or some other

item, in such return, statement or document; or


(ii) in respect of a deduction, exemption, rebate or credit, where such deduction, exemption, rebate or credit exceeds the specified statutory limit which may have been expressed as monetary amount, percentage, ratio or fraction;

 

(c) “regular tax rate” means the rate of tax that would be applicable if the tax exemption or the reduced rate were not granted;

 

(d) in calculating fifteen percent (15%) higher total income, the income from the sources that are common between the assessment years for which the return under sub-section (1) has been filed and the immediately preceding assessment year shall be considered.]

1Ins. by F.O. 2017

1[82BB. Universal Self Assessment.-

2(1) Subject to sub-sections (2) or (3) and section 93,

where an assessee, either manually or electronically, furnishes a return of income mentioning twelve-digit Taxpayers Identification Number (TIN) in compliance with the conditions and within time specified in 3[sub-section (2) of] section 75 and pays tax in accordance with section 74, he shall be issued by the Deputy Commissioner of Taxes or any other official authorised by him, an acknowledgement of receipt of the return and such acknowledgement shall be deemed to be an order of the Deputy Commissioner of Taxes for the purpose of assessment.

4[Explanation.- In this section, return furnished “electronically” means a return filed in accordance with the provisions of sub-section(4)of section 75.]

(2) On receipt of such return under sub-section (1), the Deputy Commissioner of Taxes shall

(a) process such return in the following manner, namely:-

  1. the income shall be computed after making the adjustments in respect of any arithmetical error in the return and any incorrect claim, if such incorrect claim is apparent from the existence of any information in the return; 5[and the statements and documents submitted therewith]
  2. the tax shall be computed on the basis of the income computed under sub-clause (i); and
  3. the sum payable by, or the amount of refund due to, the assesse shall be determined after adjustment of the tax and interest, if any, computed under sub-clause (ii) by any tax deducted at source, any tax collected at source, any advance tax paid, any tax paid under section 74 and any other amount paid by way of tax and interest;

(b) send, after processing such return in accordance

with the provision of clause (a), a notice of demand along with an intimation to the assesse specifying the income so computed, the liability to pay tax on such income, the amount of tax credit allowed, the sum determined to be payable by, or refundable to, him and such other particulars within thirty days of such computation as may be specified: Provided that no such intimation shall be sent after the expiry of a period of twelve months from the end of the financial year in which the return is furnished: Provided further that no demand notice requiring the assesse to pay more taxes shall be made unless the assesse is given an opportunity in writing in this regard.

 

Explanation.- For the purposes of this section, “an incorrect claim apparent from the existence of any information in the return” shall mean a claim, on the basis of an entry, in the return—

  1. of an item, which is inconsistent with another entry of the same, or some other item, in such return; or
  2. in respect of a deduction, where such deduction exceeds the specified statutory limit which may have been expressed as monetary amount, percentage, ratio or fraction|

(3) Notwithstanding anything contained in sub-section (1) 6[and section 93] , the Board or any authority subordinate to    the    Board,   if so authorised by the    Board in this  behalf,   may   select,   in   the  manner  to be  determined  by  the  Board, 7[a number of these returns filed  under sub-section (1)] and refer the returns so selected to the Deputy Commissioner of Taxes for the purpose of audit and the Deputy Commissioner of Taxes shall thereupon proceed, if so required, to make the assessment under section 83 or section 84, as the case may be 8[:

Provided  that  a  return  of  income  filed  under  this  section  shall  not  be selected  for  audit  where  such  return  shows  at  least  twenty  per  cent  higher income than the income assessed or shown in the return of the immediately preceding assessment year and such return-

(a)   is accompanied by corroborative evidence in support of income exempted from tax;
(b)   is accompanied by a copy of bank  statement  or account statement, as the case  may  be,  in  support  of  any  sum  or  aggregate  of  sums  of  loan exceeding taka five lakh taken from any person during the income year;
(c)  does not show receipt of gift during the year;
(d)  does  not  show  any  income  chargeable  to  tax  at  a  rate  reduced  under section 44; or
(e)  does not show or result any refund.]


9[(4)  No  question  as  to  the  source  of  investment  made  by  a  new  assessee deriving  income  from  business  or  profession  shall  be  raised,  if  he  shows income  at  least  not  less  than  twenty  five  percent  of  the  capital  invested  in business or profession and pays tax on such income before 10 [filing of return]

11[(5) The initial capital investment of business or profession or any fraction of such  initial  capital  shall  not  be  transferred  from  that  business  or  profession within the income year when the investment was  made or within five years from the end of that income year.]]

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1Ins. by F.O. 2007
2 Subs. by F. A. 2015

3 Omittede by F.A. 2016

4 Added F. A. 2016

5 Added F. A. 2016

6 Omitted by F.A. 2011
7 Subs. for "of three returns filed under sub-section (1)" by F.O. 2008
8 Subs. "colon" for "full-stop" and ins. new proviso by F.A. 2014

9 Ins. by F.A. 2009

10Subs. by F. A. 2016

11 Subs. by F.A. 2012

 

82C. Minimum Tax. -

1[82C. Minimum Tax.  - 

[(1) Notwithstanding anything contained in any other provisions of this Ordinance, minimum tax shall be payable by an assessee in accordance with the provisions of this section.

(2) Minimum tax on income on sources from which tax has been deducted or collected under certain sections shall be the following-

(a) any tax deducted or collected at source under the provisions of sections mentioned in clause (b) shall be the minimum tax on income from the source or sources for which tax has been deducted or collected;
(b) the tax referred to in clause (a) shall be the tax deducted or collected under sections 52, 52A, 52AAA, 52B, 52C, 52D, 52JJ, 52N, 52O, 52R, 53, 53AA, 53B, 53BB, 53BBB, 53BBBB, 53C, 53CCC, 2[53E], 53EE, 53F, 53FF, 53G, 53GG, 53H, 53M, 53N, and 55:
Provided that the tax deducted or collected from the following sources shall not be the minimum tax for the purpose of this sub-section-

(i) tax collected under section 52 from the following persons-

a.a contractor of an oil company or a sub-contractor to the contractor of an oil company as may be prescribed;
b.an oil marketing company and its dealer or agent excluding petrol pump station;
c.any company engaged in oil refinery;
d.any company engaged in gas transmission or gas distribution;

(ii) tax deducted under section 53 from import of goods by an industrial undertaking as raw materials for its own consumption;
(iii) tax deducted under section 53F from a source other than the sources mentioned in clause (c) of sub-section (1) and sub-section (2) of that section;

(c) for the sources of income for which minimum tax is applicable, books of accounts shall be maintained in the regular manner in accordance with the provisions of section 35;
(d) income from any source, for which minimum tax is applicable under this sub-section, shall be determined in regular manner and tax shall be calculated by using 3[applicable   rate] on such income. If the tax so calculated is higher than the minimum tax under clause (a), the higher amount shall be payable on such income:
Provided that income shall be determined and tax shall be calculated for certain sources in the manner as specified in the following-

 

Serial No. Sources of income as mentioned in Amount that will be taken as income Rate or amount of tax
(1) (2) (3) (4)
1 Section 52C amount of compensation as mentioned in section 52C as mentioned in section 52C
2 Section 52D amount of interest as mentioned in section 52D as mentioned in section 52D
3 Section 53DDD amount of export cash subsidy as mentioned in section 53DDD as mentioned in section 53DDD
4 Section 53F(1)(c) and (2) amount of interest as mentioned in section 53f as mentioned in section 53F
5 Section 53H deed value as mentioned in section 53H as mentioned in section 53H and the rule made thereunder

(3) Where the assessee has income from regular source in addition to the income from source or sources for which minimum tax is applicable under sub-section(2)-

(a) regular tax shall be calculated on the income from regular source;
(b) the tax liability of the assessee shall be the aggregate of the tax as determined under sub-section(2) and the regular tax under clause(a).

(4)Subject to the provisions of sub-section (5), minimum tax for a firm or a company shall be the following-

(a) every firm having gross receipts of more than taka fifty lakh or every company shall, irrespective of its profits or loss in an assessment year, for any reason whatsoever, including the sustaining of a loss, the setting off of a loss of earlier year or years or the claiming of allowances or deductions (including depreciation) allowed under this Ordinance, be liable to pay minimum tax in respect of an assessment year at the following rate-

 

Serial No. Classes of assessee Rate of minimum tax
1 Manufacturer of cigarette, bidi, chewing tobacco, smokeless tobacco or any other tobacco products 1% of the gross receipts
2 Mobile phone operator 0.75% of the gross receipts
3 Any other cases 0.60% of the gross receipts:

Provided that such rate of tax shall be zero point one zero percent (0.10%) of such receipts for an industrial undertaking engaged in manufacturing of goods for the first three income years since commencement of its commercial production.

(b) where the assessee has an income from any source that is exempted from tax or is subject to a reduced tax rate, the gross receipts from such sourece or sources shall be shown separately, and the minimum tax under this sub-section shall be calculated in the following manner-

(i) minimum tax for receipts from sources that are subject to regular tax rate shall be calculated by applying the rate mentioned in clause(a);
(ii) minimum tax for receipts from sources that enjoys tax exemption or reduced tax rate shall be calculated by applying the rate mentioned in clause (a) as reduced in proportion to the exemption of tax or the reduction of rate of tax;
(iii) minimum tax under this sub-section shall be the aggregate of the amounts calculated under sub-section (i) and (ii).
Explanation.- For the purposes of this sub-section, ‘gross receipts’ means-
(i) all receipts derived from the sale of goods;
(ii) all fees or charges for rendering services or giving benefits including commissions or discounts;
(iii) all receipts derived from any heads of income.

(5) Where the provisions of both sub-section.(2) and sub-section(4) apply to an assessee, minimum tax payable by the assessee shall be the higher of

(a) the minimum tax under sub-section(2); or
(b) the minimum tax under sub-section(4).

(6) Minimum tax under this section shall not be refunded, nor shall be adjusted against refund due for earlier year or years or refund due for the assessment year from any source.

(7) Where any surcharge, additional interest, additional amount etc. is payable under provisions of this Ordinance, it shall be payable in addition to the minimum tax.

(8) Where the regular tax calculated for any assessment year is higher than the minimum tax under this section, regular tax shall be payable.

(9) In this section-
(a) “regular source” means any source for which minimum tax is not applicable under sub-section(2);
(b) “regular tax” means the tax calculated on regular income using the regular manner;

(c)4 ["regular tax rate"] means the rate of tax, that would be applicable if the tax exemption or the reduced tare were not granted.]

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1 Subs. by F.A. 2016

Subs. by F.A. 2017

Subs. by F.A. 2017

4Subs. by F.A. 2017

82D. Spot assessment.-

1[82D.  Spot  assessment.-  Notwithstanding  anything  contained  in  this Ordinance, where an assessee, not being a company, who has not previously been assessed under this Ordinance, carrying on any business or profession in any shopping centre or commercial market or having a small establishment, the Deputy Commissioner of Taxes may fix the tax payable by him in such manner  and  at  such  rate  as  may  be  prescribed  and  the  receipt  obtained  for payment  of  such  tax  shall  be  deemed  to  be  an  order  of  assessment  under section 82.]

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1Ins. by F.A. 1999

 

83. Assessment after hearing -

1[83. Assessment after hearing.- 

(1) Where a return or revised return has been filed  under  Chapter  VIII  and  the  Deputy  Commissioner  of  Taxes  is  not satisfied without requiring the presence of the person who filed the return or the  production  of  evidence  that  the  return  is  correct  and  complete,  he  shall serve on such person a notice requiring him, on a date to be therein specified, to appear before the Deputy Commissioner of Taxes, or to produce or cause to be produced before him or at his office, any evidence in support of the return.


(2)  The  Deputy  Commissioner  of  Taxes  shall,  after  hearing  the  person appearing,  or  considering  the  evidence  produced  in  pursuance  of  the  notice under sub-section (1) and also considering such other evidence, if any, as he may require on specified points, by an order in writing assess, within thirty days after the completion of the hearing or consideration, as the case may be, the total income of the assessee and determine the sum payable by him on the basis of such assessment, and communicate the order to the assessee within thirty days next following.]

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1Subs. by F.A. 1994 again subs. by F.A. 1998

 

83A. Self assessment.-

1[83A. Self assessment.-

 

 (1) Notwithstanding anything contained in this Ordinance, where the return of income for any income year filed by an assessee, in accordance with the rules for self assessment made by the Board for that year or any instructions or orders issued thereunder, the Deputy Commissioner of Taxes shall receive such return himself or cause to be received by any other official authorised by him and issue a receipt of such return with signature and official seal affixed thereon and the said receipt shall be deemed to be an order of assessment under section 82 for the assessment year for which the return is filed.

 

(2) Notwithstanding anything contained in sub-section (1) and section 93, the Board or any authority subordinate to the Board, if so authorised by the Board in this behalf, may select, in the manner to be determined by the Board, 2[a portion, not exceeding twenty per cent]. of the returns filed under sub-section (1) and refer the returns so selected to the Deputy Commissioner of Taxes for the purpose of audit and the Deputy commissioner of taxes shall thereupon proceed,if so required,to make the assessment under section 83 or section 84,as the case may be:

3[Provided that the Deputy Commissioner of Taxes shall not proceed to make any audit in respect of a return, where such return is filed in last accordance with rules for self assessment made by  the Board for that year and shows at least fifteen per cent.higher income than the income last assessed,even if the return is selected for audit.]

4[(3) The Deputy Commissioner of Taxes shall not proceed to make any audit under sub-section (2) in respect of a return, where such retrurn is filed in accordance with rules for self assessment made by the Board for that year and shows at least twenty per cent. higher income than the income last assessed, even if the return is selected for audit.

(4) The provisions of sub-section (2) shall not be applicable in case of a new assessee who has submitted his return of income under this section.]

5[(5) Notwithstanding anything contained in this section the Deputy commissioner of Taxes may initiate proceedings under section 93 if definite information regarding concealment of income comes to his possession.]

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1Ins. by F.A. 1990, subs. by F.A. 1999 and section 83A, 83AA omitted by F.O. 2008

2 Omitted by F. A. 2004

3 Omitted by F. A. 2002

4 Sub-section (30 & (4) Ins by F.A. 2000, Omitted by F. A. 2004

5 Ins by F. A. 2003

83AA. Self-assessment for private limited companies.-

1 [83AA. Self-assessment for private limited companies.-

(1) Where, an assessee, being a private limited company within the meaning of the Companies Act, 1913(VII of 1913) or কোম্পানী আইন, 1994 (1994 সনের ১৮নং আইন) files a return on or before the date specified in clause (c) of sub-section (2) of section 75 showing income 2[for the assessment year commencing on or after the first day of July,1997 and ending on or before thirtieth day of June, 1999 (both days inclusive)] and the income shown in such return is higher by not less than 3[five per cent.] over the last assessed income and has also increased by at least a further sum of 4[five per cent.] for each preceding assessment year in respect of which the assessment is pending and pays tax on the basis of such income 5[or pays tax which is not less than ten per cent. Of the equity or two and a half per cent , of the turnover] or 6[fifty] thousand taka, and shows income which is proportionate to the tax so paid, the return filed by the assessee shall be deemed to be correct and complete and the Deputy Commissioner of Taxes shall assess total income of the assessee on the basis of such return and communicate the assessment order to the assessee within thirty days next following:

 

Provided that-

(a) such return shall be accompanied by a copy of the accounts of the company audited by a chartered accountant;

(b) the amount of tax payable shall be the highest of the taxes computed in the manner specified in this sub-section and the tax so payable shall be paid on or before the date on which the return is filed;

(c) the assessment on the basis of such return shall not result in any refund.

(2) No order under sub-section (1) shall be made in any case after the thirtieth day of June of the assessment year in respect of which a return of total income has been filed under section 75.

 

7 [(3) Notwithstanding anything contained in sub-section (1) and section 93, the Board or any authority subordinate to the Board, if so authorised by the Board in this behalf, may select, in the manner to be determined by the Board,8[a portion, not exceeding twenty per cent.] of the returns filed under sub-section (1) and refer the returns so selected to the Deputy Commissioner of Taxes for the purpose of audit and the Deputy Commissioner of Taxes shall thereupon proceed, if so required, to make the assessment under section 83 or section 84, as the case may be :

9[Provided that the Deputy Commissioner of Taxes shall not proceed to make any audit in respect of a return, where such return shows at least 10[fifteen per cent.] higher income than the income last assessed, even if the return is selected for audit.]

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1 Ins by F. A. 1997

2 Omitted by F. A. 1998

3 Subs for “ten percent” by F. A. 2004.

4 Omitted by F. A. 1998

5 Omitted by F. A. 1998

6 Subs. for “twenty five” by F. A. 2002

7 Ins by F. A. 1998, Subs by F. A. 1999

8 Omitted by F. A. 2004

9 proviso omitted by F. A. 2004

10 Subs. for “twenty percent” by F. A. 2000

 

 

83AAA. Assessment on the basis of report of a chartered accountant. -

1[83AAA. Assessment on the basis of report of a chartered accountant.  -

(1) Where a return or revised return is filed under Chapter VIII by an assessee being a company and the Board has reasonable cause to believe that the return or  revised  return  is  incorrect  or  incomplete,  the  Board  may  appoint  a registered chartered accountant to examine the accounts of that assessee.
 


(2)  The  chartered  accountant  appointed  under  sub-section  (1)  shall  exercise the powers and functions of the Deputy Commissioner of Taxes as referred to in section 79 and clauses (a), (b), (c), (d) and (e) of section 113.

(3)  The  chartered  accountant,  after  examination  of  the  accounts  of  that assessee,  shall  submit  a  report  in  writing  to  the  Board  alongwith  findings within a time as may be specified by the Board.
(4)  On  receipt  of  the  report  referred  to  in  sub-section  (3),  the  Board  shall forthwith forward the report to the concerned Deputy Commissioner of Taxes for consideration.
(5) On receipt of the report under sub-section (4), the Deputy Commissioner of  Taxes  shall  serve  a  notice  upon  the  assessee  under  sub-section  (1)  of section 83.
(6)  The  Deputy  Commissioner  of  Taxes  shall,  after  hearing  the  person appearing  and  considering  the  evidences  produced  including  the  findings stated  in  the  report  received  under  sub-section  (5)  and  also  considering  the other  evidences,  by  an  order  in  writing,  assess  within  thirty  days  after  the completion of hearing or consideration, as the case may be, the total income of  an  assessee  and  shall  determine  the  sum  payable  by  the  assessee  on  the basis  of  such  assessment,  and  communicate  the  said  order  to  the  assessee within thirty days from the date of such order.]

 

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

1Ins. by F.A. 2000

84. Best judgment assessment.-

1[84. Best judgment assessment.- (1) Where any person fails -

 

(a) to file the return required by a notice under section 77 and has not filed a return or revised return under section 78 ; or
(b) to comply with the requirements of a notice under section 79 or 80 ; or
(c) to comply with the requirements of a notice under section 83(1); the  Deputy  Commissioner  of  Taxes  shall,  by  an  order  in  writing, assess the total income of the assessee to the best of his judgment and determine  the  sum  payable  by  the  assessee  on  the  basis  of  such assessment; 2[and in the case of firm, may refuse to register it or may cancel  its  registration  if  it  is  already  registered,]  and  communicate such order to the assessee within thirty days next following.

 

(2) Where in the opinion of the Board a best judgment assessment made by a Deputy  Commissioner of Taxes  under sub-section  (1)  shows lack  of  proper evaluation  of  legal  and  factual  aspects  of the  case  which  has  resulted in  an arbitrary  and  injudicious  assessment,  the  action  leading  to  such  assessment made  by  the  said  Deputy  Commissioner  of  Taxes  shall  be  construed  as misconduct.]

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

1Subs. by F.A. 2002

2 Omitted by F. A. 2015

 

84A. Presumptive assessment—

1[84A. Presumptive assessment—

(1)   Notwithstanding anything contained in this Ordinance, in the case of an assessee, not being a company, deriving income from 2[business or profession] which constitutes not less than sixty per cent. of his total income, who does not maintain any account in accordance with the provisions of this Ordinance, the Deputy Commissioner Taxes may, whether such assessee filed a return or not, presume his income form  3[business or profession] ; for the income year at such an amount as he deems correct and shall send a notice accordingly to the assessee asking him to establish that the income so presumed is not correct:

 

provided that the Deputy Commissioner of Taxes shall not presume income of an assessee under  this sub-section unless he has material facts and evidence in support of his presumption and he has obtained previous approval in writing of  the Inspecting Joint Commissioner of Taxes.

(2)   If the assessee fails to comply with the notice referred to in sub-section (I) or having complied with it, has failed to establish that the income so presumed is not correct, the Deputy Commissioner of Taxes shall, by an order in writing, take the income so presumed to be his income from business or profession and proceed to assess his total income accordingly and determine the sum payable by him on the basis of such assessment

(3) If the assessee succeeds in establishing that the income from business or profession presumed is not correct, his income shall be assessed in accordance with other provisions of this Ordinance. ]

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1 Ins by F. A. 1990, Omitted by F. A. 1997

2 Subs for “business” by F. A. 1991

3 Subs for “business” by F. A. 1991

                 

 

 

85. Special provisions regarding assessment of firms.-

85.  Special  provisions  regarding  assessment  of  firms.-

(1)  Notwithstanding anything  contained  in  this Ordinance,  where  the  assessee is  a  firm  and  the total income of the firm has been assessed under sections 82, 83, or 84, as the case may be,-

1[(a)] in the case of registered firm,--

                        (i)   the tax payable by the firm itself shall be determined;

                        (ii)  the total income of each partner of the firm, including therein his share of its income of the income year, shall be assessed and the sum payable by him on the  basis of such assessment shall be determined

(iii)     if the share of any partner is a loss, it shall be set off against his other income or carried forward and set off in accordance with the relevant provision of sections 37,38,39,40,41, and 42;

(iv)  where any such partner is a non-resident, his share of the income if the firm shall be assessed on the firm at the rate which would be applicable if it were assessed on him personally, and the sum so determined as payable be paid by the firm; and ]

(b)  in  the  case  of 2[a  firm],  the  tax  payable  by  the  firm  shall  be determined on the basis of the total income of the firm.


(2) Whenever any determination is made in accordance with the provisions of sub-section  (1),  the  Deputy  Commissioner  of  Taxes  shall,  by  an  order  in writing, notify to the firm-

(a) the amount of tax payable by it, if any ;
(b)  the  amount  of  the  total  income  on  which  the  determination  has been based; and
(c)  the apportionment  of the  amount of  income  between the  several partners.

 

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

1Omitted by F.A. 1995
2Subs. for "and unregistered firm" by F.A.1995

86. Assessment in case of change in the constitution of a firm.

86. Assessment in case of change in the constitution of a firm.-

(1) Where, at the time of assessment of a firm, it is found that a change has occurred in the constitution  of  the  firm,  the  assessment  shall  be  made  on  the  firm  as constituted at the time of making the assessment :

Provided that-

(a) the income of the year shall, for the purpose of inclusion in the total  income  of  the  partners,  be  apportioned  between  the  partners who, in such income year, were entitled to receive the same ; and
(b) when the tax assessed upon a partner cannot be recovered from him, it shall be recovered from the firm as constituted at the time of making the assessment.


(2) For the purposes of this section, there is a change in the constitutio n of a firm-

(a) where all the partners continue with a change in their respective shares or in the shares of some of them, or
(b) where one or more persons who were partners continue to be so with a change by cessation of one or more partners or addition  of one or more new partners.

 

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

 

87. Assessment in case of constitution of new successor firm.-

87.  Assessment in  case of  constitution  of  new  successor firm.- 

Where,  at the time of assessment of a firm, it is found that a new firm has been constituted to succeed the firm to which the assessment relates and it cannot be c overed by  section  86,  separate  assessments  shall  be  made  on  the  predecessor  firm and  the  successor  firm  in  accordance  with  the  provisions  of  section  88 relating to assessment in case of succession to business.

 

88. Assessment in case of succession to business otherwise than on death.-

88. Assessment in case of succession to business otherwise than on death.-

(1) Where,  a  person,  carrying  on  any  business  or  profession  (in  this  section, referred to as the predecessor), has been succeeded therein otherwise than on death by another person (in this section, referred to as the successor)  in any income  year,  and  the  successor  continues  to  carry  on  that  business  or profession,-


(a) the predecessor shall be assessed, in respect of the income of the income year in which the succession took place, for the period up to the date of succession, and
(b)  the  successor  shall  be  assessed,  in  respect  of  the  income  of  the income year, for the period after the date of succession.

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  where  the predecessor cannot be found, the assessment of the income year in which the succession took place up to the date of succession and of the income year or years preceding that year shall be made on the successor in the like manner and to the same extent as it would have been made on the predecessor ; and the provisions of this Ordinance shall, so far as may be, apply accordingly.


(3) Where any sum payable under this section in respect of the income of a business or profession  cannot be recovered from the predecessor, the Deputy Commissioner of Taxes shall record a finding to that effect, and thereafter the sum  payable  by  the  predecessor  shall  be  payable  by,  and  recoverable from, the successor who shall be entitled to recover it from the predecessor.

 

89. Assessment in case of discontinued business.-

89. Assessment in case of discontinued business.- 

(1) Without prejudice to the provision of section 87, where any business or profession is discontinued in any financial year, and assessment may be made in that year, notwithstanding anything contained in section 16, on the basis of the total income of the period between  the  end  of  the income  year  and the  date  of  such discontinuance  in addition to the assessment, if any, made on the basis of the income year.


(2) Any person discontinuing any business or profession in any financial year shall  give  to  the  Deputy  Commissioner  of  Taxes  a  notice  of  such discontinuance  within  fifteen  days  thereof  ;  and  such  notice  shall  be accompanied by a return of total income in respect of the period between the end of the income year and the date of such discontinuance and that financial year shall be deemed to be the assessment year in respect of the income of the said period.


(3) Where, a person fails to give the notice required by sub -section (2), the Deputy Commissioner of Taxes may direct that a sum shall be recovered from him by way of penalty not exceeding the amount of tax subsequently assessed on him in respect of any income from the business or profession up to the date of its discontinuance.
(4)  Where,  an  assessment  is  to  be  made  under  sub-section  (1),  the  Deputy Commissioner of Taxes may serve-

(a) on the person whose income is to be assessed ;
(b) in the  case of a firm, on the person who was a partner of the firm at the time of discontinuance of the business or profession ; and
(c) in the case of a company, on the principal officer of the company; a notice to furnish within such time, not being less than  seven days, a return of his total income giving such particulars and information as are required to be furnished with a return to be filed under section 75 along with such other particulars, records and documents as may be specified in the notice.

(5) The  provisions of this Ordinance shall, so far as may be, apply to a notice under  sub-section  (4)  for  the  purpose  of  assessment  of  tax  as  if  it  were  a notice under section 77.

 

90. Assessment in case of partition of a Hindu undivided family.

90. Assessment in case of partition of a Hindu undivided family.- 

(1) A Hindu family  hitherto assessed as a Hindu undivided family shall be deemed, for the purposes of this Ordinance, to continue to be a Hindu undivided family except where, and in so far as, a finding of partition has been given under this section in respect of that family.


(2)  Where,  at  the  time  of  an  assessment  of  a  Hindu  undivided  family,  it  is claimed by any member thereof that a partition has taken place amongst the members  of  the  family,  the  Deputy  Commissioner  of  Taxes  shall  make  an enquiry thereinto after giving notice to all the members of the family.


(3) On the completion of the enquiry, the Deputy Commission of Taxes shall record a finding as to whether there has been a partition of the joint family property, and, if there has been such a partition, the date on which it has taken place.


(4)  In  the  case  of  a  finding  under  sub-section  (3)  that  the  partition  of  the undivided  family  took  place  after  the  expiry  of  the  income  year,  the  total income of the income year of the undivided family shall be assessed as if no partition  has  taken  place  ;  and  each  member  or  group  of  members  of  the family shall, in addition to any tax for which he or it may be separately liable, be  jointly  and  severally  liable  for  the  tax  on  the  income  of  the  family  so assessed.

(5)  In  the  case  of  finding  under  sub-section  (3)  that  the  partition  of  the undivided family took place during the income year, the total income of the undivided family in respect of the period up to the date of partition shall be assessed  as  if  no  partition  had  taken  place  ;  and  each  member  or  group  of members of the family shall, in addition to any tax for which he or it may be separately liable, be jointly and severally liable for the tax on the income of that period as so assessed.


(6)  Notwithstanding  anything  contained  in  this  section,  if  the  Deputy Commissioner of Taxes finds after completion of the assessment of a Hindu undivided family that the family has already effected a partition, the tax shall be recoverable from every person who was a member of the family before the partition; and every such person shall be jointly and severally liable for tax on the income of the family so assessed.


(7)  For  the  purposes  of  this  section,  the  several  liability  of  any  member  or group of members of a Hindu undivided family shall be computed according to the portion of the property of the undivided family allotted to him or it at the partition.


(8) The provisions of this section shall, so far as may be, apply in relation to the levy and collection of any penalty, interest, fine or other sum in respect of any period up to the date of the partition of a Hindu undivided family as they apply in relation to levy and collection of tax in respect of any such period.

 

91. Assessment in case of persons leaving Bangladesh.-

91. Assessment in case of persons leaving Bangladesh.- 

(1) Where it appears to the  Deputy  Commissioner  of  Taxes  that  any  person  may  leave  Bangladesh during the current financial year or shortly after its expiry and that he has no intention  of  returning,  an  assessment  may  be  made  in  that  year,notwithstanding  anything  contained  in  section  16,  on  the  basis  of  the  total income of such person-


(a) if he has been previously assessed, for the period from the expiry of  the  last  income  year  of  which  income  has  been  assessed  to  the probable date of his departure from Bangladesh; and


(b) if he has not been previously assessed, of the entire period of his stay  in  Bangladesh  up  to  the  probable  date  of  his  departure  there from.

(2) Assessment under sub-section (1) shall be made-


(a) in respect of each completed income year included in the period referred to in sub-section (1), at the rate at which tax would have been charged had it been fully assessed; and
(b)  in  respect  of  the  period  from  the  expiry  of  the  last  of  the completed income years to the probable date of departure, at the rate in force for the financial year in which such assessment is made and that  financial  year  shall  be  deemed  to  be  the  assessment  year  in respect of the income of the said period.


(3) For the purpose of making an assessment under this section, the Deputy Commissioner  of  Taxes  may  serve  a  notice  upon  the  person  concerned requiring him to file, within such time, not being less than seven days, as may be specified in the notice,-


(a) a  return in  the  same  form  and  verified in the  same  manner  as  a return under section 75 setting forth, along with such other particulars as  may  be  required  by  the  notice,  his  total  income  for  each  of  the completed income years comprised in  the relevant period referred to in sub-section (1); and
(b) an estimate of his total income for the period from the expiry of the  last  of  such  completed  income  year  to  the  probable  date  of  his departure from Bangladesh.


(4) All the provisions of this Ordinance shall, so far as may be, apply to the notice under sub-section (3) for purpose of assessment of tax as if it were a notice under section 77.
(5)  Nothing  in  this  section  shall  be  deemed  to  authorise  a  Deputy Commissioner of Taxes to assess any income which has escaped assessment or has been under assessed or has been assessed at too low a rate or has been the subject of excessive relief under this Ordinance but in respect of which he is debarred from issuing a notice under section 93.

 

92. Assessment in case of income of a deceased person.-

92.  Assessment  in  case  of  income of  a  deceased person.-

(1)  Where  a  person dies,  his  legal  representative  shall  be  liable  to  pay  any  tax  or  other  sum payable under this Ordinance which the deceased would have been liable to pay  if  he  had  not  died,  in  the  like  manner  and  to  the  same  extent  as  the deceased ; and the legal representative of the deceased shall, for the purposes of this Ordinance, be deemed to be an assessee:

 

Provided that before deeming the legal representative  of the deceased to be an  assessee,  a  notice  to  that  effect  shall  be  issued  to  him  by  the  Deputy Commissioner of Taxes.
(2) For the purposes of making an assessment of the income of the deceased and recovery of tax,-

(a) any proceeding taken against the deceased before his death shall be  deemed  to  have  been  taken  against  the  legal  representative  and may be continued from the stage at which it stood on the date of the death of the deceased ;and
(b) any proceeding which could have been taken against the deceased, if he had not died, may be taken against the legal representative; and all the provisions of this Ordinance shall, so far as may be, apply accordingly.

(3) The liability of legal representative under this Ordinance shall be limited to  the  extent  to  which  the  estate  of  the  deceased  is  capable  of  meeting  the liability.
(4) For the purposes of this section and other provisions of this Ordinance in which the rights, interest and liabilities of the deceased are involved, "legal representative"  includes  an  executor,  an  administrator  and  any  person administering the estate of the deceased.

94. Limitation for assessment.

94.  Limitation  for  assessment.-

1[(1) Subject to the provisions of sub-sections (2) and (3), after the expiry of-

(a) two years from the end of the assessment year in which the income was first assessable if the assessment is to be made as a result of audit under section 82BB;

(b) three years from the end of the relevant assessment year in which the income was first assessable if the assessment is to be made under section 107C; or

(c) six months from the end of the assessment year in which the income was first assessable if the assessment is to be made in a case other than the cases mentioned in clause (a) or (b);

no order of assessment under the provisions of this Chapter, in respect of any income, shall be made.

(2) An assessment under section 93 may be made within two years from the end of the year in which the notice under sub-section (1) of
section 93 was issued.]

 

 

2[(1)  Subject  to  the  provisions  of  subsections (2) and (3), no order of assessment under the provisions of this Chapter in respect of any income shall be made after the expiry of six months from the end of the assessment year in which the income was first assessable.]


3[(1A)  Notwithstanding  anything  contained  in  sub-section  (1),  no  order  of assessment under 4[sub-section (3) of section 82BB] shall be made-
(a) after the expiry of two years from the end of the assessment year in which the income was first assessable 5[.or
[(b) after the expiry of the period of fifteen months from the end of the month in which the return is submitted, which ever is earlier.]

6[(1B)  Notwithstanding  anything  contained  in  sub-section  (1)  or  (1A),  no order of assessment under section 107C of this Ordinance shall be made after the  expiry  of  three  years  from  the  end  of  the  assessment  year  in  which  the income was first assessable.]
(2) Notwithstanding anything contained in sub-section (1), assessment under section 93 may be made-
(a) in the cases falling under section 93(3)(a) and (b), within7[two years] from the end of the year in which notice under the said subsection  was  issued  ;  and  (b)  in  the  cases  falling  under  section 93(3)(c), within8[one year] from the end of the year in which notice under the said sub-section was issued.

(3)  Notwithstanding  anything  contained  in  this  section,  limiting  the  time within  which  any  action  may  be  taken,  or  any  order  or  assessment  may  be made, order or assessment, as the case may be, to be made on the assessee or any  other  person  in  consequence  of,  or  to  give  effect  to,  any  finding  or direction contained in an order under 9[sections 120, 121A, 156, 159, 161 or 162 or, in the case of a firm, an assessment to be made on a partner of a firm in consequence of an assessment made on the firm,
10[shall be made within thirty  days]  from  the  date  on  which  the  order  was  communicated  and  such revised order shall be communicated to the assessee within thirty days next following 11[:


Provided that  where an  order of  assessment has been  set  aside  by  any authority in that case the assessment shall be made within forty five days from the date on which the order was communicated to him.]

Explanation I  -  Where, by an order under 12[sections 120, 121A, 156, 159, 161 or 162], any income is excluded from the total income of the assessee for an  assessment  year,  an  assessment  of  such  income  for  another  assessment year  shall,  for  the  purposes  of  this  section,  be  deemed  to  be  one  made  in consequence of, or to give effect to, any finding or direction contained in the said order.


Explanation II  -  Where, by an order under 13[sections 120, 121A, 156, 159,161 or 162], any income is excluded from the total income of one person and held  to  be  the  income  of  another  person,  an  assessment  of  such  income  of such other person, shall, for the purposes of this section, be deemed to be one made  in  consequence  of,  or  to  give  effect  to,  any  finding  or  direction contained in the said order. 14[(4)  where  the  Deputy  Commissioner  of  Taxes  fails  to  give  effect  to  any finding or direction contained in an order referred to in sub-section (3) within the  period  stipulated  therein,  such  failure  of  the  Deputy  Commissioner  of Taxes shall be construed as misconduct.]

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

1Ins. by F.A. 2017

2Subs. for "five" by F.A. 2012

3Ins. by F.A. 2003
4Subs. for  "sub-section  (2)  of  section  82B,  sub-section  (3)  of  section  82BB or  sub-section  (2)  of
83A" by F.O. 2008
5Subs. for "full-stop" for "semi-colon" and omitted "or" and clause (b) by F.A. 2010
6Ins. new sub-section (IB) by F.A. 2012
7Subs. for "four years" by F.A. 1995
8Subs. for "two years" by F.A. 1995

9Subs. for "sections 120,156,159,161 or 162" by F.A. 2009
10Subs. the words "may made within sixty days" by F.A. 2002
11Ins. by F.A. 2004
12Subs. for "sections 120, 156, 159, 161 or 162" by F.A. 2009
13Subs. for "sections 120, 156, 159, 161 or 162" by F.A. 2009
14Ins. by F.A. 2002

 

93. Assessment in case of income escaping assessment, etc.

1[93. Tax, etc. escaping payment.-(1) If, based on the information from an audit, assessment or any other proceeding under this Ordinance or from any other source, the Deputy Commissioner of Taxes has reason to believe that any sum payable by an assessee under this Ordinance has escaped payment in any assessment year, the Deputy Commissioner of Taxes may issue a notice in the form specified by the Board upon the assessee requiring him to-

 (a) file for the relevant assessment year, within the time as specified in the notice, a return of his income along with the applicable statement and documents; and

(b) pay on or before the filing of the return the sum that has been escaped payment.

 (2) The Deputy Commissioner of Taxes shall-

(a) send a letter of acceptance of the return where all of the following conditions are fulfilled-

(i) the return is filed within the time mentioned in the notice under sub-section (1) and in compliance with the provisions of that sub-section;
 (ii) the sum that escaped payment has been paid on or before the filing of the return; and

(iii) the issue for which the sum escaped payment has been duly addressed in the return;

(b) proceed to make assessment under section 83 or 84, as the case may   be, where any of the conditions mentioned in clause (a) is not fulfilled.

 (3) The Deputy Commissioner of Taxes shall obtain the approval of the Inspecting Joint Commissioner in writing before issuing a notice under sub-section (1) where-

(a) return for the relevant assessment year was filed in compliancewith the provision of sub-section (1) of section 82BB; or

 the assessment of the relevant assessment year is completed under any other provision of this Ordinance.

(4) A notice under sub-section (1) may be issued by the Deputy Commissioner of Taxes-

(a) at any time where, for the relevant assessment year, no return was filed and no assessment was made;

(b) within six years from the end of the relevant assessment year where, for the relevant assessment year,  no return was filed but assessment is completed;

(c) within five years from the end of the relevant assessment year in any other cases:

 

Provided that where the escape of payment as mentioned in subsection (1) was due to the failure of assessee in making full disclosure of his particulars in the return, statement or other particulars submitted therewith or in assessment proceedings, the Commissioner may extend the time up to six years:
 Provided further that in a case where a fresh assessment is made for any assessment year in pursuance of any provision under this Ordinance, the period referred to in this sub-section shall commence from the end of the year in which the fresh assessment is made.

 

(5) In computing the period of limitation for the purpose of making an assessment or taking any other proceedings under this Ordinance, the period, if any, for which such assessment or other proceedings has been stayed by any court, tribunal or any other authority, shall be excluded.

 

(6) Notwithstanding anything contained in sub-section (4), where an assessment or any order has been annulled, set aside, cancelled or modified, the concerned income tax authority may start the proceedings from the stage next preceding the stage at which such annulment, setting aside, cancellation or modification took place, and nothing contained in this Ordinance shall render necessary the re-issue of any notice which has already been issued or the re-furnishing or refiling of any return, statement or other particulars which has already been furnished or filed, as the case may be.

 

(7) An assessment under sub-section (2) of an assessee who was already assessed for the relevant year shall be confined to the issues that have been mentioned in the notice served under sub-section (1).

 

(8) The Deputy Commissioner of Taxes shall not be barred from taking proceedings under this section for an assessment year on the grounds that the proceeding under sub-section (2) is earlier concluded in respect of that assessment year.

 (9) In this section-

 (a) Any sum payable by an assessee under this Ordinance shall be deemed to have escaped payment if –

 (i)   the income or a part thereof has escaped assessment; or

(ii)  the income has been understated;

(iii)  excessive loss, deduction, allowance or relief in the return has been claimed; or

(iv)  the liability of tax or any other amount payable under this Ordinance has been shown or computed lower by concealment or misreporting of any income or by concealment or misreporting of any assets, expenditure or any other particulars in a statement submitted under section 80; or

(v) income chargeable to tax has been under-assessed, or income has been assessed at a lower than due tax rate; or

(vi) income that is subject to tax has been made the subject of tax exemption; or

(vii) income has been made the subject of excessive relief, or excessive loss or depreciation allowance or any other allowance under this Ordinance has been computed; or

(viii) a tax or an amount, payable under this Ordinance, has been computed or paid lower than due amount by reason of lower base.

(b) “relevant assessment year” is the assessment year for which any sum payable by an assessee under this Ordinance has
escaped payment.]

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

1Subs. for by F.A. 2012

 

 

93.  Assessment  in  case  of  income  escaping  assessment,  etc.-

(1)  If,  for  any reason,  any  income  chargeable  to  tax  for  any  assessment  year  has  escaped
assessment or has been under assessed or has been assessed at too low a rate or has been the subject of excessive relief or refund under this Ordinance, the Deputy Commissioner of Taxes may issue a notice to the assessee containing all or any of the requirements which may be included in a notice under section 77 and may proceed to assess or determine, by an order in writing, the total income of the assessee or the tax payable by him, as the case may be, and all the provisions of this Ordinance shall, so far as may be, apply accordingly:

Provided that the tax shall be charged at the rate or rates applicable to the assessment year for which the assessment is made.


(2)  No  proceeding  under  sub-section  (1)  shall  be  initiated  unless  definite information  has  come  into  the  possession  of  the  Deputy  Commissioner  of Taxes 1[and  he has obtained] the previous  approval of  the  Inspecting Joint Commissioner  in  writing  to  do  so,  except  in  a  case  where  a  return  has  not been filed under section 75 or 77.


(3)  A  notice  under  sub-section  (1)  may  be  issued  by  the  Deputy Commissioner of Taxes,-


(a) in any case in which he has reason to believe that the assessee or any other person on his behalf has not filed a return under section 75 or 77, at any time;
(b) in any case in which he has reason to believe that the assessee has for  any  assessment  year  concealed  the  particulars  of  his  income  or furnished  inaccurate  particulars  thereof  or  omitted  or  failed  to disclose all material facts necessary for the assessment for such year, within 2[3[six]  years] from the end of the assessment year forwhich the assessment is to be made:


Provided  that  in  a  case  where  a  fresh  assessment  is  made  for  any assessment year in pursuance of an order 4[sections 120,121A,156 or 159],  the  period  of  5[6[six]  years]  referred  to  in  this  clause  shall commence from the end of the year in which the fresh assessment is made;
(c) in any other case, within two years from the end of the assessment year for which the assessment is to be made.

(4)  In  computing  the  period  of  limitation  for  the  purpose  of  making  an assessment or taking any other proceedings under this Ordinance, the period, if any, for which such assessment or other proceedings has been stayed by any Court, tribunal or any other authority, shall be excluded.
(5)  Notwithstanding  anything  contained  in  sub-section  (3),  where  an assessment or any order has been annulled, set aside, cancelled or modified, the concerned  income tax authority may start the proceedings from the stage next preceding the stage at which such annulment, setting aside, cancellation or  modification  took  place,  and  nothing  contained  in  this  Ordinance  shall render necessary the re-issue of any notice which has already been issued or the re-furnishing or refiling of any return, statement or other particulars which has already been furnished or filed, as the case may be.

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

1Subs. for the words "or he has obtained" by F.A. 1995
2Subs. for "eight years" by F.A. 1995
3Subs. for "five" by F.A. 2012
4Subs. for "sections 120, 156 or 159" by F.A. 2009
5Subs. for "eight years" by F.A. 1995
6Subs. for "five" by F.A. 2012

 

94A. omitted by F.A. 2003

 

1[94A.]Approval of the Board in certain assessment.

Notwithstanding anything contained in this Ordinance, where the Deputy Commissioner of Taxes has reason to believe that the assessable income of an assessee exceeds thirty per cent of the income shown in his return, the Deputy Commissioner of Taxes shall, with the prior approval of the Board, assess such income.]

 

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1Ins. by F.A. 2002 subsequently omitted by F.A. 2003