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....Taxes made under section 120 of the Ordinance. Therefore, first appellate order on the above contentious issue is upheld.”
(Underlined by us)
18. There is no dispute that the assessee claimed to have obtained loans from three companies, namely, Transom Electronics Ltd., Transcom Dist...... of Taxes, Large Tax-payers Unit (LTU), Shegun Bagicha, Dhaka-1000……………Respondent
Judgment
September 17, 2014
Result:
The questions (1) and (2) formulated for determination answered in the affirmative in favour of the department-respondent and ......ture is not entitled in the event of liquidation to participate in the surplus assets;
(ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of the company;
(iii) any dividend paid by a compan..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 8
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....dant has become liable to pay Taka 1, 27,60,000 as compensation till that date. The plaintiff again through his lawyer on 28-7-2004 sent another notice by the guaranteed express post in which he claimed Taka 18, 00,000 for the 'Ga' schedule property. In such circumstances, the plaintiff...... Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the landlord........(19) In the......s also agreed orally that in case of expiry of the term of lease and for other reasons, if not extended earlier, the agreement would continue. Accordingly, the defendant by investing a huge amount of money repaired the suit house and constructed rooms which took almost a year and during that period ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....ndant has become liable to pay Taka 1,27,60,000 as compensation till that date. The plaintiff again through his lawyer on 28-7-2004 sent another notice by the guaranteed express post in which he claimed Taka 18, 00,000 for the 'Ga' schedule property. In such circumstances, the plaintiff...... The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the title of the landlord. Even a......s also agreed orally that in case of expiry of the term of lease and for other reasons, if not extended earlier, the agreement would continue. Accordingly, the defendant by investing a huge amount of money repaired the suit house and constructed rooms which took almost a year and during that period ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Latifur Rahman Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....Taxes made under section 120 of the Ordinance. Therefore, first appellate order on the above contentious issue is upheld.” (Underlined by us) 18. There is no dispute that the assessee claimed to have obtained loans from three companies, namely, Transom Electronics Ltd., Transcom Dist......e Tax-payers Unit (LTU), Shegun Bagicha, Dhaka-1000…………………Respondent Judgment September 17, 2014 Result: The questions (1) and (2) formulated to determination answered in the affirmative in favour of the department-respondent. ......ture is not entitled in the event of liquidation to participate in the surplus assets; (ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of the company; (iii) any dividend paid by a compan..Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 17
Fidelity Assets and Securities Co. Ltd. Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....erved under section 83(1) and 79 of the Income Tax Ordinance 1984, the authorized representative of the Assessee-applicant conducted hearing before the DCT concern. But the DCT concern disallowed the claimed incurred expenditure in the head of rent, audit fee, advertisement, printing and stationary,......sp; Services Wing Large Tax Payer Unit (LTU) Dhaka……………….....Respondent Judgment September 16, 2014 Result: The questions No.1 and 2 formulated for determination are answered in negative and in favour of the Assessee-applicant. ......assessee’s regular course of business is purchasing and selling of shares. For a ‘person’ whose day to day business is not purchase and sale of shares, but he purchases i.e. invests money in purchasing shares for future gain after some times are capital assets. But a ‘person&..Category: Fiscal/Taxation Law | Date: 16 Sep, 2014 | Hits: 0
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....p; Result: The appeal is allowed. Muhammadan Law in Applying of Pre-Emption to A Non-Muslim, Particularly to a Hindu— Right of Pre-emption Muhammadans can claim benefit of the law of pre-emption under Muhammadan Law but the Hindu purchaser cannot claim th......tion is very special in its character. It is founded on the supposed necessities of a Muhammadan family, arising out of their minute sub-division and inter-division of ancestral property. Before invasion of Muslim such right was not known to the people of the subcontinent. Right of pre-emp......aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Enamul Hoque Chowdhury Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....ssued without lawful authority having no legal implication. However, there shall be no order as to costs. Md. Emdadul Hoque Azad, J: I agree. Ed. This Case is also Reported in: ......; Section 93 S.R.O. No. 98 of 2007 Admittedly the Assessee-writ-petitioner in writ 13004 of 2012 has obtained the privilege of the S.R.O. No. 98 of 2007 and disclosed his undisclosed income for the assessment year 2006-2007 and paid the required tax along with the 5% penalty and that becam......ue reported in 59 DLR 213 wherein their lordships in a division Bench of this court held as under; “The Deputy commissioner of Taxes therefore acted beyond his jurisdiction to work out the money used and invested out of a bank loan in the renovation of house as an increase of assets and u..Category: Fiscal/Taxation Law | Date: 14 Sep, 2014 | Hits: 0
Hosaf International Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ore the DCT concern. But the DCT concern on the plea that the adequate evidence has not been supplied by the Assessee-applicant at the time of hearing before him, disbelieved the item of expenditure, claimed to have been incurred by the Assessee-applicant and assessed the income of the Assessee-appl......nd Twelve Storied Building, Segunbagicha, Dhaka, Bangladesh..……………….....Respondent Judgment September 10, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. Quest...... content of annexure F (series) and strenuously argued that the assessee-applicant, being the supplier of electrical goods to the Asugonj Monohordi High Voltage Loop Line Project, received commission money which was AIT deducted amount and the same was certified by the said authority accordingly. Th..Category: Fiscal/Taxation Law | Date: 10 Sep, 2014 | Hits: 0
Bank Al-Falah Limited Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....4, in not directing the DCT to allow the mandatory expenses 10% being Head Office Expenses, admissible to the applicant on the total profit computed by him after disallowing the inadmissible expenses claimed in the Profit & Loss Account under section 29(1) and adding them to the audited pr......-storied Building, Segunbagicha, Dhaka.……………….....Respondent Judgment September 7, 2014 & September 8, 2014 Result: The question formulated for determination is answered in the negative and in favour of assessee. Questi......sment year 2008-2009 of the Assessee-applicant company bank. 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: 8 Sep, 2014 | Hits: 0
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ounting regularly employed by it. 3. Whether on the facts and in the circumstances of the case in the absence of any specific finding of any defect in the accounts or that any of the expenditure claimed or cost incurred was not genuine it was open to compute the income of the applicant by resor......nt Vs. The Commissioner of Taxes, Taxes Zone-5, Segun bagicha, Dhaka………….....Respondent Judgment September 7, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. Quest......nt, are answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
Dr. Poly Dam Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....ssued without lawful authority having no legal implication. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......of provision of section 93 against the deemed finalization of tax liability shall be applicable to this case.........(6) The Assessee-writ-petitioner Dr. Poly Dam submitted her income tax return for the assessment year 2011-2012 under the Self Assessment Scheme, as provided in section 82BB of t......ssued without lawful authority having no legal implication. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 4 Sep, 2014 | Hits: 1
Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....Attorney General Ms. Nasrin Parvin along with the learned Assistant Attorney General Mr. Saikat Basu, appeared on behalf of the Taxes Department and filed affidavit-in-opposition, wherein it has been claimed that the appeal preferred by the department before the Taxes Appellate Tribunal was not time......ing-2(2nd Floor), Agrabad, Chittagong-4100………………..........................Respondent Judgment September 3, 2014 Result: The question formulated for determination is answered in the negative and in favour of assessee. Questi......answered 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: ..Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......om Any Department Of The Government is also an Entrustment with Property— Criminal breach of trust by agent— any contractor is appointed by any department of the Government for construction of any building, the contractor is termed as an agent of the concerned department o......ame as per work order. In the instant case, the accused-petitioner as agent received work order, took some payment against the bills from the Roads and High ways, misappropriated the public money and ultimately failed to handover the bhaban to the authority by constructing the same in time..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....uthorized representative of the Assessee-applicant. But the DCT concern upon denying to accept the book version of the accounts certified by the Chartered Accountant discarded a number of expenditure claimed to have been incurred by the Assessee-applicant, especially as to the management expenses, d......see-Applicant Vs. The Commissioner of Taxes, Dhaka.…………………..Respondent Judgment July 24, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. The I......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: ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......e Commissioner of Taxes, Taxes Zone-02……………………..Respondent Judgment July 23, 2014 & July 24, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. Quest......admittedly the Assessee-applicant is a businessman of purchasing and selling the delivering order of sugar and other consumer item for which the purchaser of due from the Assessee-applicant deposited money in the bank account of the Assessee-applicant which was time flight to the concern industrial ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....f the writ –petitioner while the learned Deputy Attorney General Mr. S. Rashed Jahangir argued on behalf of the Taxes department. Appraisal by the Court. 5. The writ petitioner claims that having been misdirected by the DCT concern, an amount was deposited through two challans...... the Bank in turn pays the billed amount to the gas company. It appears from the highlighted portion that the provision of rule 16 of the Income Tax Rule 1984 designated the ‘person responsible for making any payment to any other person on account of supply of goods’ a “deducting a......ision of rule 16 did not make the payer of the bill to the gas company as “deducting authority” of such advance income tax. In case of gas bill payment, the consumer deposits the gas bill money to the Bank and the bank in turn pays the amount to the gas company. In this system the ultima..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....Attorney General Ms. Nasrin Parvin along with the learned Assistant Attorney General Mr. Saikat Basu, appeared on behalf of the Taxes Department and filed affidavit-in-opposition, wherein it has been claimed that section 2(34)(d) of the Income Tax Ordinance 1984 defined income as includes any sum de......nbagicha, Dhaka, Bangladesh…………….....Respondent Judgment July 21, 2014 Result: The Income Tax Reference Application is allowed.The question formulated for determination is answered in the negative and in favour of assessee. Questi......d 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: ..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... seeking to authorize illegal acts is itself illegal and the Welfare Club has exceeded its jurisdiction in executing the agreement. The agreement being illegal on the face of it the petitioner cannot claim immunity from action against him if he is found to be engaged in activities punishable under l......ambling Act, 1867 (Act No. II of 1867); section 3 The Penal Code, 1860 (Act No. XLV of 1860); section 294A Gambling, its meaning, extent and status under law a) any game that is played for money, wager or stake or in other words played risking money or something of value for a chance ......ing Act, 1867 (Act No. II of 1867); section 3 The Penal Code, 1860 (Act No. XLV of 1860); section 294A Gambling, its meaning, extent and status under law a) any game that is played for money, wager or stake or in other words played risking money or something of value for a chance to w..Category: Others | Date: 28 Jun, 2014 | Hits: 91
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....intiff and the defendant No. 1, 1 widow the defendant No. 2 and defendant Nos. 3-43 as residuaries: that during pendency of the suit by amendment of the plaint, the plaintiff added schedule No. 7 and claimed share alleging that the lands of schedule No. 7 also belonged to Amjat Ali which he purchase......Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is sufficient to prove that the defendant No. 1......t cannot be ascertained whether the disputed land was purchased in the name of the defendant No. 1 and others jointly or in benami and as the suit land was purchased by Ajmat Ali by his own money; the heirs of Ajmat Ali are entitled to get the share of the land. Accordingly, the defen..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....rt to frame a formal charge if after consideration of the materials on record it is of the opinion that there is ground for presuming that the accused has committed the offence. An accused person can claim for discharge under section 241A of the Code of Criminal Procedure if upon consideration of th......Abdul Mobin, Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Mndhumnloty Chowdhury Barua, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 170 of 2014. (From the judgment and order dated 9-2-2014 passed by the ...... the organization knowing well that there was continuous misappropriation, he did not take any step for which the accused persons being emboldened with his conduct misappropriated huge amount of money and that though he had been performing as Managing Director for a long time, he did not t..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
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