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....entary-affidavit added a new question in both the Income Tax Reference Applications, but the said question is not required to be considered by this court, since the aforesaid questions will cover the whole situation.
4. It has been asserted in Income Tax Reference Application No. 195 of 2014 th......losing a total income of Tk. 2,72,777.00 and upon complying the notice served under the provision of section 93 of the Income Tax Ordinance 1984, submitted further revised return showing income at an amount of Tk. 4,57,643.00. The DCT concern Mr. Mohammed Nasiruzzaman while disposed off the said ret......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:
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Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
....ed reviews and to hear the same on merit under the provision of section 121A of the Income Tax Ordinance 1984.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......the attention of this court to the fact that the writ-petitioner paid the due tax for the assessment year 2008-2009, under the provision of section 83(2) of the Income Tax Ordinance 1984, in which an amount of Tk. 16,75,040.00 was declared as income by the Assessee-writ petitioner. Therefore the fin......ed reviews and to hear the same on merit under the provision of section 121A of the Income Tax Ordinance 1984.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 24 Oct, 2014 | Hits: 1
....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:
......year 2007-2008 being a local authority rendering public utility Service.
B. Whether on the facts and in the circumstances the applicant is entitled to 21/2 % depreciation on the Bangabandhu Setu amounting to Tk. 80,18,22,380.00 in the assessment year 2007-2008 and claimed by the applicant.
......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:
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Category: Fiscal/Taxation Law | Date: 23 Oct, 2014 | Hits: 1
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ......ermore, Money Suit No. 3 of 2007 was instituted in the Court of Joint District Judge, Barisal for recovery of the said misappropriated money and the said suit was decreed ex-parte on 20-7-2011 for an amount of Taka 46, 49,008.95 with interest till recovery. 3. After investigation, the Investiga......gladesh Bank under Bangladesh Bank Staff Regulations, 2003. Furthermore, Money Suit No. 3 of 2007 was instituted in the Court of Joint District Judge, Barisal for recovery of the said misappropriated money and the said suit was decreed ex-parte on 20-7-2011 for an amount of Taka 46, 49,008.95 with i..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
State Vs. Md. Lutfur Rahman and others, 2014, 43 CLC (AD)
....ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......ney collected as licence fee from vehicle owners was not proved. The counter foils of Tax Token issued, the stamp sale registers, the exhibits-Ska and 3kha proved sufficiently that much more than the amount of which stamp was sold was collected from the motor vehicle owners by the accused respondent......hey collected from different motor owners as vehicle licence fees. The High Court Division was not correct at all to hold that in the absence of blue books this allegation of misappropriation of money collected as licence fee from vehicle owners was not proved. The counter foils of Tax Token is..Category: Criminal Law | Date: 14 Oct, 2014 | Hits: 2
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ......ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ...... the plaint, entered into a contract with the plaintiff on 20-11-1986 for sale of the same at a consideration of Taka 50,000 and on receipt Taka 45,000 out of that stipulated consideration as earnest money executed a bainapatra in favour of the plaintiff on the stipulations that he would execute and..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Fidelity Assets and Securities Co. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....t, both these 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: ...... bad loan accounts. The Assessee-applicant in order to be a transparent company disclosed the same in their financial statement for the assessment year 2009-2010. But the DCT concern treated the said amount of Tk. 2,08,49,592.00 as an accrued income to the Assessee-applicant and added the same with ......i) of the Ordinance. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984);Section 2 (34) Under section 2(34) of the Income Tax Ordinance 1984, accrued income or deemed to be accrued money is defined as income.................(14) Lawyers Involved: Mosharaf Hossain, Adv.&m..Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 0
....the result, the Income Tax Reference Application 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:
......mmissioner of Taxes passed his assessment order disallowing some of the claimed incurred expenditure and reconstituting the business account, enhanced the total income of the Assessee-applicant at an amount of Tk. 19, 46, 51,361.00, without having any lawful authorities to do so and even without rai......the result, the Income Tax Reference Application 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: 17 Sep, 2014 | Hits: 2
....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 company which is set off by the company against the whole or any part of any sum previously paid by it and treated as dividend within the meaning of sub...... Range-2, Taxes Appellate Zone-2, Dhaka (shortly, the AACT) on the ground that the order of assessment made by the DCT is bad in law. The AACT, upon hearing, allowed the appeal in part and deleted an amount of Tk. 1, 45, 70,606/- which was added as income of the assessee under section 19(3) of the O......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: 0
....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 company which is set off by the company against the whole or any part of any sum previously paid by it and treated as dividend within the meaning of sub...... Range-2, Taxes Appellate Zone-2, Dhaka (shortly, the AACT) on the ground that the order of assessment made by the DCT is bad in law. The AACT, upon hearing, allowed the appeal in part and deleted an amount of Tk. 1,45,70,606/- which was added as income of the assessee under section 19(3) of the Ord......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)
....Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ...... and it was 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 th......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)
....dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ...... and it was 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 th......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)
....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 company which is set off by the company against the whole or any part of any sum previously paid by it and treated as dividend within the meaning of sub...... Range-2, Taxes Appellate Zone-2, Dhaka (shortly, the AACT) on the ground that the order of assessment made by the DCT is bad in law. The AACT, upon hearing, allowed the appeal in part and deleted an amount of Tk. 1,45,70,606/- which was added as income of the assessee under section 19(3) of the Ord......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)
....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: ......es is exempted from paying income tax under the provision of section 32(7) of the Income Tax Ordinance 1984 and consequently the DCT concern enhanced the income of the Assessee-applicant at an higher amount of Tk. 2, 07, 24,375.00. 3. In the same manner, so far the Income Tax Reference Applicat......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
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: ......he DCT concern having been failed into an error raised an allegation in the notice under section 93 of the Income Tax Ordinance 1984 that the Assessee-writ-petitioner failed to disclose the bank loan amount of Tk. 2,85,59,317.00 which not been chargeable to tax does not come under the purview of sec......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)
....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: ......g excess estimate of commission in as much as to the fact that certificate in testimony of receipts and tax deducted therefore had been filed and while the CT(A) had no other document contrary to the amount document enclosed. 2. Whether, in the facts and on the circumstances of the case, the Tr...... 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
....গতির জন্য আন্ত-মন্ত্রণালয়ের সিদ্ধান্ত নিম্নে দেওয়া হইলঃ
"The whole areas under unauthorized possession of the different persons and not under control of the PWD ......
"The whole areas under unauthorized possession of the different persons and not under control of the PWD be derequisitioned in favour of the original owners on realization of the compensation amount received by them. The owners will in their turn get the lands free from the occupation of the......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
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Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
Bank Al-Falah Limited Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......icant bank conducted hearing before the DCT concern, who upon disallowing inter-alia, the said claim of Head Office expenses, which has been made in the computation sheet of the account, enhanced the amount of income of the Assessee-Applicant for that assessment year. This has prejudiced the Assesse......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
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: ......ahi who submitted its income tax return for the assessment year 2011-2012 under the Self Assessment Scheme, as provided under section 82BB of the Income Tax Ordinance 1984 disclosing her income at an amount of Tk. 4,07,800.00. The said return was duly accepted by the DCT concern which issued receipt......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)
....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: ......ant company conducted hearing before the DCT concern, explaining the return. But the DCT concern upon disallowing some of the expenditure incurred, enhanced the income of the Assessee-applicant at an amount of Tk. 36, 68,840.00. 3. Being aggrieved with and highly dissatisfied by the said assess......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
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