Income Tax & Other Related

Laws of Bangladesh
Monalisa Shahreen Sushmita
Deputy Commissioner of Taxes(27 th BCS)
Taxes Zone 11, Dhaka
National Board Of Revenue
Related laws :
Companies Act 1994
Partnership act 1932
Evidence Act 1882
Civil Procedure Code(CPC) 1908
Code of Criminal Procedure(CrPC) 1998
Penal Code 1860
Registration Act 1908
Public Demand Recovery Act 1913
Limitation Act 1908
General Clauses Act 1897
Trust Act 1882
Gift Tax Act 1990
Co-operative Societies Act, 2001
Bank Companies Act 1991
Financial Institution Act
Definition Clause (section
2)of ITO 1984 with other
Related laws
Definition with The Companies
Act,1994:
(11) "Bangladeshi company" means a company formed and
registered under the Companies Act, 1913 (VII of 1913)
1[or Kvvbx AvBb, 1994 (1994 mbi 18 bs AvBb) and

includes a body corporate] established or constituted by or

under any law for the time being in force in Bangladesh
having in either case its registered office in Bangladesh;

(12) "Banking company" has the same meaning as in

2[evsK Kvvbx AvBb, 1991 (1991 mbi 14 bs AvBb)],

and includes a body corporate established or constituted

by or under any law for the time being in force which
transacts the business of banking in Bangladesh;
Cont
(20) "Company" means a company as defined in 2[the
Companies Act, 1913 (VII of 1913) or Kvvbx AvBb, 1994
(1994 mbi 18 bs AvBb),] and includes-

(a) a body corporate established or constituted by or under any

law for the time being in force;

(b) any nationalized banking or other financial institution,

insurance body and industrial or business enterprise;

3[(bb) an association or combination of persons, called by

whatever name, if any of such persons is a company as defined
in 4[the Companies Act, 1913 (VII of 1913) or Kvvbx AvBb,
1994 (1994 mbi 18 bs AvBb);]
Cont
(bbb) any association or body incorporated by
or under the laws of a country outside
Bangladesh; and];

(c) any foreign association or body, 5[not

incorporated by or under any law], which the
Board may, by general or special order,
declare to be a company for the purposes of
this Ordinance;
Provisions of Companies Act 1994
Section 2:
(b) "banking company" means a bank company as
defined in section 5(9) of the Act, 1991 (Act No.
14 of 1991).
(c) "company" means a company formed and
registered under this Act or an existing company;
(h) "existing company" means a company formed
and registered under any law relating to
companies in force at any timebefore the
commencement of this Act, and is in operation
after commencement of this Act,
 (i) "financial year" means, in relation to any body
corporate, the period in respect of which any
profit and loss account of the
body corporate laid before it in annual general
meeting is made up, whether that period is a year
or not;
(q) "private company" means a company which by
its articles--
(i) restricts the right to transfer its shares, if any;
(ii) prohibits any invitation to the public to
subscribe for its shares or debenture, if any;
 (iii) limits the number of its members to fifty not
including persons who are in its employment;
Provided that where two or more persons hold one or

more shares in a company jointly, the shall, for the

purposes of this
definitation be treated as a single member;

(r) "public company" means a company incorporated

under this Act or under any law at any time in force
before the
commencement of this Act and which is not a private

company;
23. Registration of memorandum and articles.

(1) The memorandum and articles if any shall be field with the
Registrar who if satisfied that the requirements of this Act
have been complied with shall retain and register them within thirty
days from the date of their receipt and in the event of
refusal he shall communicate the grounds within ten days after that
period to the company.

(2) An person on being aggrieved by a refusal of the Registrar under

sub-section (1) may make an appeal to the Government
within thirty days of the receipt of the refusal order.
(3) The petition of appeal shall be accompanied by a treasury challan
showing of a fee of two hundred fifty taka to be
credited under the head of account specified in this behalf.
(4) The decision of the Government in an appeal under this section
shall be final.
25. Conclusiveness of certificate of
incorporation
.
(1) A certificate of incorporation given by the Registrar in respect of
any association shall be conclusive evidence that all the
requirements of this Act in respect of registration and of matters
precedent and incidental thereto have been complied with
and that the association is a company authorised to the registered
and duly registered under this Act.

(2) A declaration by an advocate entitled to appear before the High

Court Division who is engaged in the formation of a
company or by a person named in the articles as a director manager
or secretary of the company of compliance with all or
any of the said requirements shall be filed with the Registrar and the
Registrar may accept such a declaration as sufficient
evidence of compliance.
Cont
(24) "director" and " manager" in relation to a
company have the meanings assigned to
them in 2[the Companies Act, 1913 (VII of
1913) or Kvvbx AvBb, 1994 (1994 mbi
18 bs AvBb)];
Definition with Partnership Act of
1932:
(32) "firm" has the same meaning as assigned to
it in the Partnership Act, 1932 (IX of 1932);

(43) "partner" has the same meaning as assigned

to it in the Partnership Act, 1932 (IX of 1932),
and includes a person who, being a minor, has
been admitted to the benefits of partnership;
(44) "partnership" has the same meaning as
assigned to it in the Partnership Act, 1932 (IX of
1932);
Provisions of partnership Act1932
Definition of "partnership", "partner", "firm" and
"firm name"

4. "Partnership" is the relation between persons who
have agreed to share the profits of a business
carried on by all or any of them acting for all.

Persons who have entered into partnership with one

another are called individually "partners" and
collectively "a firm", and the name under which their
business is carried on is called the "firm name".
 Partnership not created by status

5. The relation of partnership arises from

contract and not from status;

and, in particular, the members of a Hindu

undivided family carrying on a family
business as such, or a Burmese Buddhist
husband and wife carrying on business as
such are not partners in such business.
Personal profits earned by partners

16. Subject to contract between the partners,-

(a) if a partner derives any profit for himself from any

transaction of the firm, or from the use of the property
or business connection of the firm or the firm name,
he shall account for that profit and pay it to the firm;

(b) if a partner carries on any business of the same

nature as and competing with that of the firm, he shall
account for and pay to the firm all profits made by him
in that business.
Liability of a partner for acts of the firm

25. Every partner is liable, jointly with all the other

partners and also severally, for all acts of the firm
done while he is a partner.

Liability of the firm for wrongful acts of a partner

26. Where, by the wrongful act or omission of a

partner acting in the ordinary course of the business

of a firm, or with the authority of his partners, loss or
injury is caused to any third party, or any penalty is
incurred, the firm is liable therefor to the same extent
as the partner.
Liability for acts of partners done after dissolution

45.(1) Notwithstanding the dissolution of a firm, the partners
continue to be liable as such to third parties for any act done
by any of them which would have been an act of the firm if
done before the dissolution, until public notice is given of the
dissolution:

Provided that the estate of a partner who dies, or who is

adjudicated an insolvent, or of a partner who, not having been
known to the person dealing with the firm to be a partner,
retires from the firm, is not liable under this section for acts
done after the date on which he ceases to be a partner.

(2) Notices under sub-section (1) may be given by any partner.

Definition with Bank Companies
Act 1991:
(12) "Banking company" has the same
meaning as in 2[evsK Kvvbx AvBb, 1991
(1991 mbi 14 bs AvBb)], and includes a
body corporate established or constituted by
or under any law for the time being in force
which transacts the business of banking in
Bangladesh;

es;
Definition with Co-Operative
Societies Act 2001:

(21) "co-operative society" means a co-

operative society registered under 6[mgevq
mwgwZ AvBb, 2001 (2001 mbi 47 bs AvBb)
(Co-operative Societies Act, 2001)(Act No. 47
of 2001)], or under any other law for the time
being in force governing the registration of
co-operative societies;
Definition with Financial
Institution Act 2001:

[(31A) "financial institution" has the same

meaning as assigned to it in Avw_K
cwZvb AvBb, 1993 ( 1993 mbi 27 bs
AvBb) (Financial Institution Act, 1993) (Act
No. 27 of 1993)]
Definition with CPC 1908 & penal
Code 1860:
(39) "legal representative" has the same meaning as
assigned to it in section 2(11) of the Code of Civil
Procedure, 1908 (Act V of 1908);

CPC: (11) "legal representative" means a person who in law

represents the estate of a deceased person, and includes
any person who intermeddles with the estate of the
deceased and where a party sues or is sued in a
representative character the person on whom the estate
devolves on the death of the party so suing or sued:

(51) "public servant" has the same meaning as in section

21 of the Penal Code (Act XLV of 1860);
 (51) "public servant" has the same meaning as in section 21 of the
Penal Code (Act XLV of 1860);
(17) "public officer" means a person falling under any of the following
descriptions, namely:-

(a) every Judge;

(b) every member of the Civil Service of 3[ The Republic];

(c) every commissioned or gazetted officer in the military, naval or air

forces of Bangladesh while in the service of the 4[ Republic];

(d) every officer of a Court of Justice whose duty it is, as such officer,
to investigate or report on any matter of law or fact, or to make,
authenticate or keep any document, or to take charge or dispose of
any property, or to execute any judicial process, or to administer any
oath, or to interpret, or to preserve order, in the Court, and every
person especially authorised by a Court of Justice to perform any of
such duties;
 (e) every person who holds any office by virtue of which he is
empowered to place or keep any person in confinement;

(f) every officer of the Government whose duty it is, as such officer, to
prevent offences, to give information of offences, to bring offenders to
justice, or to protect the public health, safety or convenience;

(g) every officer whose duty it is, as such officer, to take, receive, keep
or expend any property on behalf of the Government, or to make any
survey, assessment or contract on behalf of the Government, or to
execute any revenue-process, or to investigate, or to report on, any
matter affecting the pecuniary interest of the Government, or to make,
authenticate or keep any document relating to the pecuniary interests of
the Government, or to prevent the infraction of any law for the
protection of the pecuniary interests of the Government; and

(h) every officer in the service or pay of the 5[ Republic], or remunerated

by fees or commission for the performance of any public duty:
RELATED LAWS TO PDR ACT

142.Recovery of Tax through Collector of

District.- (1) The Deputy Commissioner of Taxes
may forward to the Collector of District in which
the office of the Deputy Commissioner of Taxes is
situate or the district in which the assessee resides
or owns property or carries on business or
profession, a certificate under his signature
specifying the amount of arrears due from an
assessee, and the Collector, on receipts of such
certificate, shall proceed to recover, from such
assessee the amount specified therein as if it were
an arrear of land revenue.
 (2) Without prejudice to any other powers which the
Collector of District may have in this behalf, he shall,
for the purposes of recovery of the amount specified
in the certificate for recovery forwarded to him under
sub-section (1), have the powers which a Civil Court
has under the Code of Civil Procedure, 1908 (Act V of
1908), for the purposes of recovery of an amount due
under a decree.
(3) The Deputy Commissioner of Taxes may, at any
time, recall from the Collector of District a certificate
forwarded to him under sub-section (1) and upon
such recall, all proceeding commenced in pursuance
of the certificate shall abate:

 Provided that the recall of a certificate shall

not affect any recoveries made by the
Collector before the recall as if the certificate
had not, to the extent of such recovery, been
recalled; nor shall the recall of a certificate
issued at any time prevent the recovery, by
issue of a fresh certificate, of any amount
which was recoverable at the time the
certificate so recalled was issued.
 1[142A. Recovery of tax through Special
Magistrates.- (1) Without prejudice to the provisions
of section 142, the Deputy Commissioner of Taxes
may forward to a Magistrate of the First Class,
specially empowered in this behalf by the Government,
hereinafter referred to as "the Special Magistrate, 2[***]
a certificate under his signature specifying the
amount of arrears due from the assessee, and the
Special Magistrate shall, on receipt of such certificate,
proceed to recover from the assessee the amount
specified therein as if it were an arrear of land revenue
and the Special Magistrate were a Collector of District.
 (2) Without prejudice to any other powers of a
Collector of District which the Special
Magistrate may have in this behalf, he shall,
for the purposes of recovery of the amount
specified in the certificate for recovery
forwarded to him under sub-section (1), have
the powers which a Civil Court has under the
Code of Civil Procedure, 1908 (Act V of
1908), for the purposes of recovery of an
amount due under a decree.


 (3) The Deputy Commissioner of Taxes may, at any time,
recall from the Special Magistrate a certificate forwarded
to him under sub-section (1) and upon such recall, all
proceedings commenced in pursuance of the certificate
shall abate:

Provided that the recall of a certificate shall not affect any

recoveries made by the Special Magistrate before the
recall as if the certificate had not, to the extent of such
recovery, been recalled; nor shall the recall of a certificate
issued at any time prevent the recovery, by issue of a
fresh certificate of any amount which was recoverable at
the time the certificate so recalled was issued.]
Thats all for today

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