53A. Deduction at source from house property

¹[53A. Deduction at source from house property.-

²[(1) Where the Government of any authority, corporation or body, including its units, the activities or the principal activities of which are authorised by any Act, Ordinance, order or instrument having the force of law in Bangladesh or any company as defined in clause (20) of section 2, or any banking company or any co-operative bank established by or under any law for the time being in force or any non-governmental organisation run or supported by any foreign ³[donation or assistance or any university or medical college or dental college or engineering college ⁴[or any college or school] ⁵[or hospital or clinic or diagnostic centre] is a tenant in respect of a house property, the tenant shall deduct from the house rent paid or payable as advance tax ⁶[at the rate of five percent]

⁷[Explanation.- For the purpose of this section, “house rent” means any payment, by whatever name called, under any lease, tenancy or any other agreement or arrangement for the use of any building including any furniture, fittings and the land appurtenant thereto

(2) Where, after the assessment made for the relevant year, it is found that no tax was payable by the owner of the house property or the amount of tax deducted is in excess of the amount payable, the amount deducted shall be refunded,-

(a) if no tax was payable, in full, or

(b) if the amount deducted is in excess of the amount payable, to the extent of the excess deduction to the owner of the house property.

(3) Where the Deputy Commissioner of Taxes, on an application made in this behalf, gives a certificate in the prescribed form to an owner of house property that, to the best of his belief, the owner is not likely to have any assessable income during the year or the income is otherwise exempted from payment of income tax under any provisions of this Ordinance, payment referred to in sub-section (1) shall be made without any deduction until the certificate is cancelled.

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¹ Ins by F. A. 1988

² Subs by F. A. 1992

³ Subs. for "donation or assistance by F. A 2004"

⁴ Ins. by F. A. 2012

⁵ Ins by F. A. 2014

⁶ Subs. for "such amount as may be prescribed" by F. A. 2012

⁷ Subs by F. A. 1999

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Mijan Niloy