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....t not being proved by adequate evidence..... The provision of section 83(2) is the protection to the assessee of Income Tax, since the DCT concern writes the assessment order in his personal time in the absence of the assessee or his authorized representative.....(12 and 17)
Case......of the account, save and accept the statutory disallowances.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
...... Tax Ordinance 1984.
It has been further asserted in the affidavit-in-reply that the Taxes Appellate Tribunal was justified in maintaining or in reducing the disallowances made in the profit and loss account made by the DCT concern for specifying reason, as such there is no violation of provisi..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
....ture under the provision of rule 65 of the Income Tax Rules, 1984. Whereas he Assessee-applicant is entitled under the rule 65 to claim the free sample distribution as expenditure upon some slab, but the DCT concern without mentioning the entitlement of the assessee to such slab ......ed in negative and in favour of the Assessee-applicant.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad J: I agree.
Ed.
This Case is also Reported in:
......stions formulated for determination:
1. Whether, in the facts and on the circumstances of the case, the Tribunal under section 159(2)/29 was justified in maintaining disallowances in profit and loss account that had been made on conjecture and surmise and drawing analogical conclusion.
2...
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
....es of Transactions—
Section 129 of the Contract Act, 1872 defines continuing guarantee as a "guarantee which extends to the series of transactions". Section 133 of the same Act also provides that"any variance made without the surety's consent, in the terms of the c......ut did not repay the loan. Thereafter, under the provisions of section 12 of the Ain, the bank on 12-10-2011 published auction notices in the national Daily Sangram newspaper and in a local newspaper called Daily Chandpur Diganta. In response to the said auction notice the defendant No. 2 and two ot...... and as such the balance of convenience and inconvenience are in favour of the plaintiff-appellants and if an order of injunction is not granted the plaintiff-appellants would suffer irreparable loss and injury which cannot be compensated in money.
13. On the other hand, Mr. Md. Kamru..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....dous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The Rule is made absolute. Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah Eastern Ltd Vs. Bur......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ...... presence is required for disposal of the suit effectively. Lastly, he submits that if the proposed defendant is not made a party namely, defendant No. 8, this plaintiff shall suffer irreparable loss and injury whereas, in contrast, the said struck out plaintiff would not be prejudiced in ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....h Telecommunication Company Limited (BTCL) and others..............Respondents
Judgment
December 4, 2014.
Result:
The Rule issued in Contempt Petition No. 2 of 2014 is made absolute-in-part.
The Suo moto Rule No. 2 of 2014 is discharged.
Constitution of Bangladesh,...... should be an admission as to the Commission of Contempt—
In contempt cases courts have never accepted the apology of a person who does not admit that he has committed any offence. What is called unconditional apology necessarily means that there should be an admission as to the commissio......her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
....in the circumstances of the case, the Taxes Appellate Tribunal was legally justified in directing not to impose tax on non-operative interest income classified under the head ‘income from other sources’ under section 33 and also to set off the business loss violating the provision of sec......Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......s legally justified in directing not to impose tax on non-operative interest income classified under the head ‘income from other sources’ under section 33 and also to set off the business loss violating the provision of section 46A(6) of the Income Tax Ordinance, 1984?
The Income Ta..
Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 0
Commissioner of Taxes Vs. Arif Knit Spin, 2014, 43 CLC (HCD)
....sed by the Taxes Appellate Tribunal, Division Bench-4, Dhaka (shortly stated as the Tribunal) in Income Tax Appeal No.4411 of 2003-2004. This is relating to the assessment year 2002-2003. 2. The sole question of law formulated in the income tax reference application (shortly, the reference appl......preme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ......s legally justified in directing not to impose tax on non-operative interest income classified under the head ‘income from other sources’ under section 33 and also to set off the business loss violating the provision of section 46A(6) of the Income Tax Ordinance, 1984? (Questi..Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 20
....n the absence of any specific instances of any of the items of cost of production having been found unverifiable the Deputy Commissioner of Taxes could reject the Trading result of the assessee and resort to estimating gross profit by applying a flat rate and whether the Taxes Appellate Tribunal was...... Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
This Case is also Reported in:
......y Commissioner of Taxes, Companies Circle-6, Taxes Zone-2, Chittagong (shortly, the DCT) showing net income at Tk. 1,36,11,076/-. Subsequently, on 28.11.2001 it submitted a revised return showing net loss at Tk. 1,32,42,595/- with audited statements of accounts after deducting the loss of previous y..
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....osed of the appeal by allowing partial benefit to the assessee. 4. Being aggrieved, the assessee preferred Income Tax Appeal No.3273 of 2003-2004 before the Tribunal. The department-respondent also filed Income Tax Appeal No.3295 of 2003-2004 against the order of the CTA. The Tribunal heard bot......me Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ......y Commissioner of Taxes, Companies Circle-6, Taxes Zone-2, Chittagong (shortly, the DCT) showing net income at Tk. 1,36,11,076/-. Subsequently, on 28.11.2001 it submitted a revised return showing net loss at Tk. 1, 32, 42,595/- with audited statements of accounts after deducting the loss of previous..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....i Vs. Province of West Pakistan, 22 DLR (SC) 203; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111;Captain (Retd) B. Akram Ahmed Khan Chowdhury Vs. Bangladesh Oil, Gas and Mineral Resources Corporation; 14 MLR (AD) 81 = 11 LC (AD) 135, Bangladesh Biman Corporation Vs. Lt. Col. (Ret......os. 31, 32 of 2012 respectively and made the Rules Nisi absolute in Writ Petition Nos.1161 and 296 of 2011 giving rise to CA Nos.33 and 34 of 2014 found the section intra vires. Therefore, we are not called upon to dwell upon that moreso, no leave was granted as to the constitutionality of the secti......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
....ployees— Privatization Commission (Officers and Employees) Service Regulations, 2002 Competencies for Promotion of Any Officer of the Commission— Only seniority is not the sole yardstick for promotion of any officer of the Commission to the next higher post. Along with hi......position, Affidavits-in-Reply and Supplementary Affidavit and relevant Annexures annexed thereto. 19. There are two components of the Rule-issuing order, that is to say, (1) the respondents were called upon to show cause as to why they should not be directed to consider the promotion of the pet......, the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
.........Defendant-Appellant-Petitioners Vs. Mustafizur Rahman and others........Plaintiff-Respondent-Opposite Parties Judgment November 16, 2014. Result: The Rule is made absolute. Boundary Specification— The description of the land must be specific wi......rned counsel on behalf of the petitioners during his argument submits that the plaintiffs in their testimony admits that the record of right stands recorded in the name of the defendants. The so-called possession witnesses of the plaintiffs are not competent, credible, disinterested and tr......ule stands vacated. Communicate the judgment and order immediately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
....ining respectively the meaning of capital and reserve.
6. Whether, in the facts and on the circumstances of the case, the tribunal under section the159 (2), instead of accepting of deletion so far claim its relates to alleged perquisites, is judiciously, in holding the opinion that the DCT......se three Income Tax Reference Applications are allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......-applicant bank is mandated under the instruction to prepare its financial statement as directed under the said BRPD Circular No. 14 dated 25.6.2003 in Paragraph No. A(4)(b) and to keep provision for loss arising from denomination in value of investment in shares and securities, meaning thereby that..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
....dvance tax from the commission or fees paid to the Agent of Foreign Buyers. The assessee claimed to have paid the agent’s commission or fee and therefore, he was liable to deduct advance tax at source before payment of commission to the Foreign Buying Agents under section 53E of the Ordinance.......reme Court of Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
...... decision of the CTA regarding addition of the disallowances in the trading account, but the assessee in the second appeal took a new plea regarding disallowances of Tk. 84,67,223/- in the profit and loss account under the head ‘Buying Agent’s Commission.’ The Tribunal without cons..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 0
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....stigation into a case by the two investigation agencies is allowed to continue obviously, there will be two separate police reports, then there may be chance of conflicting reports and there may be also chance of recording of contradicting statements of the witnesses examined by the two investi......9;ganj to protest killings" respectively and some other similar news items published in different other daily vernacular n 5-5-2014." By the suo motu Rule, the High Court Division called upon the Secretary, Ministry of Public Administration; the Secretary, Ministry of Law, Justic......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
The Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)
....dvance tax from the commission or fees paid to the Agent of Foreign Buyers. The assessee claimed to have paid the agent’s commission or fee and therefore, he was liable to deduct advance tax at source before payment of commission to the Foreign Buying Agents under section 53E of the Ordinance.......upreme Court of Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J:- I agree. Ed This case is also Reported in: ...... decision of the CTA regarding addition of the disallowances in the trading account, but the assessee in the second appeal took a new plea regarding disallowances of Tk. 84,67,223/- in the profit and loss account under the head ‘Buying Agent’s Commission.’ The Tribunal without cons..Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 8
Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)
....rn served statutory notices under sections 83(2)/45 of the Ordinance upon the assessee. Eventually, the DCT disallowed trading expenses of Tk. 16,77,000/- in the trading account of the assessee and also disallowed Tk. 84,67,223/- under the head ‘Buying Agent’s Commission’ for non-d...... is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... decision of the CTA regarding addition of the disallowances in the trading account, but the assessee in the second appeal took a new plea regarding disallowances of Tk. 84,67,223/- in the profit and loss account under the head ‘Buying Agent’s Commission.’ The Tribunal without cons..Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 9
....)
In order to invoke the power, available under the provision of section 35(4) of the Income Tax Ordinance 1984, the DCT concern has to raise dissatisfaction as to the method of accounting and also to pin point the defects in the item of expenditure for which he is unable to ascertain the actua......le No. 162(ref:)/2012 are disposed off accordingly.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad J: I agree.
Ed.
This Case is also Reported in:
......d) (iii) of the Income Tax Ordinance 1984.
(ii) In the circumstances and on the facts whether the Taxes Appellate Tribunal was justified maintaining disallowances of expenses ignoring profit and loss accounts as audited by the certified auditors.
The connected rule being No. 142(ref:)/ 200..
Category: Fiscal/Taxation Law | Date: 29 Oct, 2014 | Hits: 1
....
This Case is also Reported in:
......ome Tax Ordinance 1984 by the National Board of Revenue, the tax liability of the assessee-applicant became finalized & absolute. But the DCT concern most surprisingly upon finding some of the so-called concealment of income initiated the proceeding under section 93 of the Income Tax Ordinance 1......red in negative and in favour of the Assessee-applicant.
37. However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
....hether on the facts and in the circumstances the Taxes Appellate Tribunal, Division Bench-1, Dhaka is justified in law in not allowing 21/2 % depreciation allowance on the Bangabandhu Setu and also not allowing 25% income tax on its income and in upholding the appellate Order mechanically affir......nswered in negative and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......ction 83(2) of the Income Tax Ordinance 1984 but enhanced the income to an amount of Tk. 143, 81, 18,712.00 and allowed an expenditure @ 27.10% and adjusted an amount of Tk. 29, 28, 41,643.00 against loss of the financial year 2001-2002, 2002-2003 and 2004-2005 and demanded tax at an amount of Tk. 1..
Category: Fiscal/Taxation Law | Date: 23 Oct, 2014 | Hits: 1
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