6. Time and method of payment.-

(1)     Value added tax on imported goods shall be paid at the same time and in the same manner as import duty is paid in accordance with the provisions of the Customs Act and the rules made thereunder, as if it were an import duty under that Act, and in order to control any matter related to the value added tax or as the case may be, supplementary duty, the said Act, and the rules orders or instructions made or issued thereunder shall, subject to the rules, orders or instructions if any, made or issued under this Act, apply, so far as practicable, to value added tax or, as the case may be, supplementary duty in the manner they apply to import duty.

(2)     Value added tax on goods manufactured or produced for carrying out or for expansion of business or on goods imported, purchased, acquired or procured in any manner by a registered  or registerable person shall be payable at the time of any of the following activities, whichever occurs first, namely:

(a)     when the goods are delivered or supplied;

(b)     when an invoice relating to supply of goods is issued;

(c)     when goods are used for personal purpose or supplied for the use of others; (d)        when payment is received either in full or in part.

(3)     Value added tax shall be payable when a taxable service is rendered by a registered or registerable person during the operation or expansion of his business at the time of any of the following activities, whichever occurs first, namely:

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(a)     When the service is rendered;

(b)     when a chalanpatra (invoice) to the service is issued; (c)     when part or full payment is received.

(d)     In  case  the  service  is  received  from  beyond  the  geographical  boundary  of

Bangladesh, when payment is made in part or in full;

(4)     Notwithstanding anything contained in this section, the Board may, in accordance with the procedures set by Rules, make provisions for advance payment, including fixation of the time  and procedure for payment, of value added tax, or, as the case may be, supplementary duty, on any goods or class of goods or services.

(4a)  Notwithstanding  anything  contained  in  sub-section  (4),  the  Board  may  in  order  to collect value added tax or, as the case may be, value added tax and supplementary duty applicable to any goods or class of goods, direct, by notification in the official Gazette, with effect from the date  specified in the notification, on the body of the package or container or holder of the goods to affix stamp or banderol or special sign or mark of particular size and design manifesting measures of security with demonstrating specific value  and  determine  all  procedures  relating  to  the  use,  distribution,  preservation, supervision,  observation,  accounting  and  packaging  of  such  stamp  or  banderol  or special sign or mark:

Explanation: In this sub-section, `stamp' or 'banderol' shall mean security instrument containing specific colour, design, measurement with security measure as specified by the Board.

(4aa) Notwithstanding any other provisions of this section, value added tax payable by any service rendering person selected in this behalf by the Government, by notification in the official Gazette, from time to time, shall be collected or deducted at source, in the procedure specified by Board's order, at the time when the person receiving this service or, as the case  may be, the  person making payment of the value of the service  or commission makes such payment and shall be deposited in the Government treasury:

Provided that in a case where, the value added tax payable by any service provider under  any  foreign  aided  project,  has  been  collected  or  deducted  and  deposited  to Government  treasury- at the time of payment of service value or commission by a person receiving service or, as the case may be, the person paying the service value or commission and if that service provider appoints any sub-contractor, agent or any other service rendering person, in such case value added tax shall not be collected at source again from such sub-contractor, agent or any other service rendering person appointed by  the  main  service  provider,  subject  to  production  or  submission  of  documentary evidence of collection or deduction of value added tax and the deposit of the same in the Government treasury.

(4b)  The person collecting or deducting value added tax at source in accordance with sub- section (4aa) shall issue, in respect of such realization or deduction, a certificate to the person who  renders the service, in accordance with the procedure set by the Board's order in this behalf, which shall include the following information, namely:

(a)     registration number of the value added tax payer;

(b)     total value or commission paid for the service provided;

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4. Application of tax rate.-

(1)     In case of a supply of taxable goods or rendering taxable services, the rate of value added tax  shall be the existing  rate of value added tax applicable to such goods or

3. Imposition of Value Added Tax.-

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context -

(a)     ‘exempted’ means goods and services exempt from payment of value added tax under this Act;

(b)     ‘output tax’ means value added tax imposed under this Act; (c)   ‘input’ means

(i)      except labour, land, building, office equipment and transport, all raw materials, any gas, anything used as fuel, packaging materials, service, machinery and spare parts;

(ii)     in the case of trading, goods imported, purchased, acquired or otherwise procured in any way for sale, exchange or transfer in any other manner;

(d)     ‘input tax’ means value added tax paid on inputs imported by registered person or purchased by him from any other registered person;

(dd)  Omitted.

(ddd) ‘tax’ means value added tax or vale added tax and supplementary duty, as the case may be,  payable for supply  of goods  or services  and shall  include value  added tax and supplementary  duty, import duty, excise duty and all other duties and taxes (except advance income tax) payable for elements referred to in section 13.

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(e)     ‘tax  period’  means  a  period  of  one  month  or  such  period  as  the  government  by notification in the official gazette fix in this behalf;

(f)      ‘taxable goods’ means goods not included in the First Schedule;

(g)     ‘taxable service’ means any service not included in the Second Schedule;

(h)     ‘Commissioner’  means  any  Commissioner  of  Value  Added  Tax  appointed  under section 20;

(i)      ‘Current Account’ means an account maintained in prescribed form by a registered person with the Commissioner in which all accounts of sale, purchase, treasury deposit, value added tax payable and rebatable and where applicable, other taxes;

(j)       ‘Challanpatra’ (Invoice) means Challans provided under section 32. (jj) omitted.

(k)     ‘Turn over’ means all money received or receivable by any person in a certain period for the  supply of taxable goods produced or manufactured by him or for rendering taxable services by him;

(1)     ‘Schedule’ means any Schedule annexed to this Act;

(m)   ‘Documents’  means anything expressed or stated with the help of a letter, number, symbol or sign on paper or any other material, and shall include any kind of electronic data, computer program, computer tape, computer disk or any kind of media that holds or store any data;

(mm) omitted.

(n)     ‘Return’ means a return required to be submitted under section 35 of this Act; (o)           ‘Specified Date’ means,

(i)  in the case of payment of value added tax, or as the case may be, in the case of payment of value added tax and supplementary duty, the time for payment under section 6; and

(ii) in case of submission of return, the times to submit value added tax return specified by

Rules;

(oo)  ‘Pon  (consideration)’  means  all  money  or  value  measurable  in  terms  of  money, received or receivable against the supply of goods or rendering of services;

(p)     ‘Goods’  means  all  kinds  of  movable  property,  excluding  shares,  stocks,  coins, securities and recoverable claims;

(q)     ‘Producer’  or  ‘Manufacturer’  shall  include  any  person  engaged  in  any  of  the following activities, namely:

(i)      transforming  or  reshaping  of  any  substance  by  processing  individually  or  in combination with any other substance, material or components of production to changing, transforming or reshaping it into a different specific substance or goods so that it becomes useable differently or specifically;

(ii)     any incidental or related processes required to complete the production of goods; (iii)   printing, publication, lithography or engraving processes;

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(iv)assembling, mixing, cutting, liquidifying, bottling, packaging or repackaging;

(v)     the work of a trustee  or liquidator,  executor or superintendent in case of any bankrupt manufacturer or producer and work of any such person who disposes of the assets of such manufacturer or producer in his capacity as an entrusted person;

(vi)   manufacturing or producing  any goods  for monetary consideration  in his own plant, machinery or equipment using raw material or inputs owned by the owner of that goods;

(qq)  ‘Commercial importer’ means a person who imports goods, other than those specified in the First Schedule, and sells or transfers it in any other person without changing its shape, nature, characteristics or quality, in exchange of consideration;

(qqq) ‘Commercial  Documents’  means  books  of  accounts,  files,  documents  or  papers maintained  by  a  person  to  record  his  commercial  transaction  showing  financial condition  of his business, namely:- debit voucher, credit voucher, cash memo, daily purchase and sale accounts, cash book, journal book, bank account and the documents related thereto, trial  balance, ledger, financial statements and notes on profit and loss account, profit and loss  appropriation  account, bank reconciliation accounts, balance sheet and audit report including all related documents;

(qqqq) ‘Trader’  means  a person  who  sells  or  otherwise  transfer  to  any other  person  in exchange of consideration any goods imported, purchased or otherwise acquired by him without   changing its shape, nature, characteristics or quality;

(qqqqq) ‘Divisional Officer’ means Value Added Tax officer in charge of a Value Added Tax  Divisional  Office  or  an  officer  not  below  the  rank  of  assistant  Commissioner assigned to discharge any function of Divisional Office of the Large Taxpayers Unit of value Added Tax.

(r)      ‘Rule’ means any rule framed under this Act. (rr)           omitted.

(rrr)  ‘Bill of Entry’ means a bill of entry as defined in section 2(c) of the Customs Act, 1969 (IV of 1969).

(rrrr) ‘Bill of Export’ means a bill of export as defined in section 2(d) of the Customs Act,

1969 (IV of 1969);

(s)     ‘Board’ means the National Board of Revenue constituted under the National Board of

Revenue Order, 1972 (P.O. No. 76 of 1972);

(ss)   ‘Large Taxpayers Unit or LTU’ means large taxpayer unit constituted under section

8D of this Act;

(t)      ‘Person’ shall     includeany individual, incorporated or not, any company or society, proprietorship firm, other firm, statutory or other organization or establishment or their representatives as well will be included;

(u)     ‘Value added Tax Officer’ means an Officer appointed under section 20 of this Act;

(v)     ‘Zero-rated Taxable Goods or Services’ means goods or services exported or deemed to have been exported or any food or any other material as mentioned in sub-section(2) of section 3 on which no value added tax or, supplementary duty, as the case may be,

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