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Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....sment year 199-2000 derived from three business undertakings of the assessee viz Aarong, Brac Promters and Brac Dairy Farm is income from the property of the assessee, a charitable trust and that the whole income of this trust are used for charitable purposes for the benefit of the public. As such, ......hat surplus of the Applicant’s income over expenditure which was neither used for charitable purposes during the year not set apart and project money lent out and taken back along with interest amounting to Tk. 67, 75, 20,570.00 were not used for charitable purposes and as such were liable to ...... Applicant and upholding the DCT’s finding that surplus of the Applicant’s income over expenditure which was neither used for charitable purposes during the year not set apart and project money lent out and taken back along with interest amounting to Tk. 67, 75, 20,570.00 were not used f..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....as either actually paid or credited to the accounts of the payee and some portion was left behind as the same was not actually paid or credited. But the entire amount of such payable interest for the whole accounting year although not paid, but had to be shown in the accounts book as expenditure, si......nance, 1984 (Ordinance No.XXXVI of 1984)
Section 53F
The deduction of any Advance Income Tax (AIT) under the provision of section 53F of the Income Tax Ordinance 1984 does not relate to the amount which has been made as ‘provision’ for the purpose of such payment to the term de......00, but the Assessee-applicant deducted Tk. 4.15.16.329.00 being less than the statutory liability and the rest amount having not been deducted, the DCT concern disallowed the corresponding amount of money to tune of Tk. 5,61,17,329.00 and added back the same with the income of the Assessee-applican..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
....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:
......me tax assessee, holding TIN. 307-200-0804/Co-3, which submitted its income tax return under the provision of section 75 of the Income Tax Ordinance 1984 for the assessment year 2007-2008, showing an amount of income at Tk. 39,94,867.00 and along with the return submitted chartered accountant certif......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:
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Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....ascertained by the audit department in the process, the statutory public body (like NBR) would certainly account for that. 20. But what then is the jurisdiction of the audit department as a whole (?). Their jurisdiction has been clearly spelt out in Article 128 and 132 of the Constitution.......ing of Notices— The notices shall have to be issued independently following the provisions laid down in the VAT Act. In all the cases where there is a direct demand for depositing the amount or asking for documents or even merely a notice served under section 55(1) of the Act if foun......s specific sums for specific works and services. It is the duty of the Comptroller and Auditor-General to examine and ensure that the administration does not exceed the approved sum and has spent the money for the works and services for which it was approved by Parliament. He is responsible for havi..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....9. Accordingly the application praying for review is allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......opined in a vague manner that “on examination of the salary statement it is found that the company paid excess perquisite of Tk. 2, 71, 00,529.00” and recommended for adding back the said amount to the income of the Assessee-applicant. This court finds that the question No. 2 as has been......9. Accordingly the application praying for review is allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0
....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......ed the sale deed No. 158 in respect of the mortgaged property in favour of defendant No. 2. Out of the sale proceeds the bank adjusted its outstanding dues of Taka 10,29,359.74 and paid the rest amount of Taka 55,11,640.22 to the plaintiff in cash which was received and acknowledged by the plai......onvenience 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. Kamrul Alam, the learned Advocate for the defendant-respo..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....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. ......ter, he places section 21A of the SR Act, 1877 and submits that: there are 2 mandatory components of this provision of law namely, the contract must be a written registered instrument and the balance amount of consideration must be deposited in the Court at the time of filing the suit for specific p...... stated in a nutshell. 3. On 6-6-2008 the petitioner as plaintiff No. 2 conjointly with plaintiff No. 1 filed the Title Su it No. 2447 of 2008 for confirmation of possession, realization of money and for permanent as well as mandatory injunction impleading opposite party Nos. 1-7 as defend..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......nd it is hell if any default made in payment of 'single installment.' Financial institution taking such special 'expropriation' law impose interest in many phases in making small amount to a 'monster.' As such provisions of special law to be interpret specially. The part......party. It may be directors are involve in getting loan and even company may be a fictitious entry, then also as per provisions of Artha Rin Adalat Ain, 2003, sharers of a company cannot be impleaded, money suit under general civil law can be filed for realizing money against the directors. Artha Rin..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....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
...... this Court, by not obeying this Court's order dated 23nd of July, 2013 as regards admitting a new Bank Guarantee and adjust with the previous bank' Guarantee and to return back the remaining amount to the petitioner; that the contemner-opposite party No.1 Bangladesh Telecommunication C......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
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Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ot guilty and claimed to be tried. Thereafter the accused moved the High Court Division filing a Criminal Misc. Case being No. 5938 of 2011 under section 561A of the Code to quash the proceeding as a whole and the High Court issuing the Rule on 15-2-2011 stayed all the further proceedings of the cas......y from him on different dates with the assurance that he will return back the same when the complainant so desires. But on the demand of the complainant the accused failed to make payment of the said amount and on the pressure of the complainant the accused drew a cheque on 9-9-2009 for Tk. 35,......f the judgment by the trial Court the petitioner did not get any chance to know about the scope of the Rule. 14. The learned Advocate also submits that since the petitioner did not take any money as loan or in other form, from the complainant Md. Abdul Karim, so he (accused petitioner) had..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
....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:
......84?
The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984); Section 37
If the net result of computation of income under any head is a loss, the assessee shall be entitled to have that amount of loss set off against his income, if any, assessable for the assessment year under any othe......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:
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Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 0
Commissioner of Taxes Vs. Arif Knit Spin, 2014, 43 CLC (HCD)
....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 the DCT) showing total loss from business at Tk. 1,64,40,557/-. The DCT made assessment under sections 83(2) and 46 of the Ordinance disallowing some non-verifiable expenses and also disallowing an amount of Tk. 8, 80,621/- derived from bank interest and adding it as income of the assessee. 4......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: ..Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 20
....s in the account of the assessee having been clearly pointed out in the assessment order of the DCT, he as well as the Tribunal did not commit any illegality in not accepting the audited account as a whole. We have also perused the decisions cited by Mr. Altaf Hossain, as mentioned hereinbefore; we ...... to be noted that though some of the expenses were not verifiable as specifically pointed out by the DCT, yet the Commissioner of Taxes (Appeals) after considering the materials on record reduced the amount of disallowance and also deleted some of the disallowance altogether which were made by the D...... 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:
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Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....s in the account of the assessee having been clearly pointed out in the assessment order of the DCT, he as well as the Tribunal did not commit any illegality in not accepting the audited account as a whole. We have also perused the decisions cited by Mr. Altaf Hossain, as mentioned hereinbefore; we ...... to be noted that though some of the expenses were not verifiable as specifically pointed out by the DCT, yet the Commissioner of Taxes (Appeals) after considering the materials on record reduced the amount of disallowance and also deleted some of the disallowance altogether which were made by the D......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: ..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......enant of defendant No.1 and having had good faith on him he without reading and understanding the contents of bainanama put his signature therein. Earlier the husband of the plaintiff took loan of an amount of Taka 30,000 but he did not repay the same and denied to pay the rent to the defendant No. ......and the plaintiff proposed to purchase the same at a consideration of Taka 45,000. Defendant No.1 executed a bainapatra in favour of the plaintiff No.1 on 8-11-1989 receiving Taka 2,000 as baina money. The defendant also received Taka 3,000 on 23-1-1989, Taka 5,000 on 4-4-1991 and Taka 5,000 on..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
....reference applications are directed against the order of the tribunal, which exercises adjudicating power as a last court of appeal in the taxes department, as such any legal question involved in the whole proceeding can be brought before the High Court Division in a reference application. Because, ......e tax liability of the employer although the employee shall be liable to tax for such payment received with basic salary....................................(14)
Section 29(xxvii)
A laid out amount for the purpose of gratuity has to be treated as an expenditure under the provision of sectio......ated 25.6.2001 and circular No. 5 dated 5.6.2006, as has been shown to this court, that the Bangladesh Bank, in circular No. 5 dated 5.6.2006, has directed the Private Banks to keep certain amount of money as provisions in the following manner;
Maintenance of provision:
(a)(i) Banks will b..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
....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:
...... before the concerned Deputy Commissioner of Taxes (the DCT, in short) disclosing its income from business at Tk. 94,348/-. The DCT made assessment under section 83(2) of the Ordinance disallowing an amount of Tk. 32.44,646/- as non-verifiable expenses and Tk. 51,45,649/- as Buying Agent’s Com......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:
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Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 0
The Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)
....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: ...... before the concerned Deputy Commissioner of Taxes (the DCT, in short) disclosing its income from business at Tk. 94,348/-. The DCT made assessment under section 83(2) of the Ordinance disallowing an amount of Tk. 32.44,646/- as non-verifiable expenses and Tk. 51,45,649/- as Buying Agent’s Com......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: ..Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 8
Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)
.... 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: ...... before the concerned Deputy Commissioner of Taxes (the DCT, in short) disclosing its income from business at Tk. 94,348/-. The DCT made assessment under section 83(2) of the Ordinance disallowing an amount of Tk. 32.44,646/- as non-verifiable expenses and Tk. 51,45,649/- as Buying Agent’s Com...... 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: ..Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 9
....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:
...... disbelieving some of the expenditure, claimed to have been incurred by the Assessee-applicant, denied to accept the same as allowable expenditure, enhanced the income of the Assessee-applicant at an amount of Tk. 55, 51,843.00 for the assessment year 2003-2004 and Tk. 2,45,52,904.00 for the assessm......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:
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Category: Fiscal/Taxation Law | Date: 29 Oct, 2014 | Hits: 1
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