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Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled Vs. The Commissioner of Taxes, Taxes Zone-14, 2015, 44 CLC (HCD)

....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: ......l Jurisdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled, 26, Shyamoli, Mirpur Road, Dhaka, Bangladesh……………………………As......d by its Managing Director Mr. K.M. Khaled, 26, Shyamoli, Mirpur Road, Dhaka, Bangladesh……………………………Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-14, 12/1, Bijoynagar, (6th floor). Dhaka, Bangladesh.......mdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ......l Gani J Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000……………………..........Applicant (In all the cases) Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka……Re......Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ......s also Reported in:     ......al Jurisdiction) Present: Zinat Ara J Md. Habibul Gani J Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000……Applicant (In all the cases) Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka……&h......l Gani J.- I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

.... reveals that the Assessee-applicant Bangladesh Rural Advancement Committee (BRAC) is a registered society under the Societies Registration Act 1860. The said Organization is also registered as a Non-Government Organization (NGO) within the meaning of the Non-Government Organization Ordinance 1978 a...... Ed. This Case is also Reported in: ...... Md. Emdadul Haque Azad J Bangladesh Rural Advancement Committee (BRAC), 75, Mohakhali, Dhaka………………………Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, 28/F, Segun bagicha, Dhaka……&he......dadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0

International Leasing and Financial Services Limited, represented by its Managing Director, Mr. Mustafizur Rahman of 5 Rajuk Avenue, Dhaka-1000 Vs. The Commissioner of Taxes, Taxes Zone-LTU, Dhaka, 2014, 43 CLC (HCD)

....al or special order, specify in this behalf Provided further that no tax shall be deducted on the amount of interest or share of profit arising out of any deposit pension scheme sponsored by the Government or by a Scheduled Bank with prior approval of the Government. 14. Section 30(aa) pro......s that the Taxes Appellate Tribunal was required to consider the issue in accordance with the provision of section 53F of the Income Tax Ordinance 1984 and also on the basis of the documents known as Bangladesh Accounting Standard (BAS) Volume-1 and also the annual report of 2008 of the Assessee-app......onal Leasing and Financial Services Limited, represented by its Managing Director, Mr. Mustafizur Rahman of 5 Rajuk Avenue, Dhaka-1000…………….Assessee-Applicant. Vs. The Commissioner of Taxes, Taxes Zone-LTU, Dhaka……………&he......mdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1

Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....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: ......l Jurisdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh……………………………&h......g Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh………………………………Assessee-Applicant. Vs. The Commissioner of Taxes, Taxes Zone-1, C.G.O. Building-1, Agrabad, Chittagong, Bangladesh......ul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....erred to- Sekander Spinning Mills Vs. Customs, Excise and VAT 63 DLR 272; Aftab Automobiles Ltd. vs Superintendent of Customs, Excise & VAT 18 BLC 138; Vice Chairman, Export Promotion Bureau Government of Bangladesh Vs. Acqua Foods Limited 50 DLR (AD) 113; Authorised Officer DIT, Dacca Vs. ...... DLR (HCD) (2015) 73   ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Nazrul Islam Talukder J Singer Bangladesh Ltd and 21 another ........Petitioner Vs. National Board of Bangladesh.............. Respondents Judgment December 15, 2014......erence and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....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: ......sdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh................................review-Applicant Vs. The Commissioner of Taxes, ......l Haque Azad J One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh................................review-Applicant Vs. The Commissioner of Taxes, Large Taxpayers Unit (L.T.U), 2nd Twelve Storied Building (6th f......mdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....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 ......t, in short, is that his son Md Humayun Kabir Gazi in 2003, obtained investment facility of Taka 1, 00,000 for business purposes for his business enterprise M/s Sabbir Gazi Furniture from Islami Bank Bangladesh Limited, Chandpur branch as per sanction advice issued by the defendant No.1 (Manager Isl...... ......e Court High Court Division (Civil Appellate Jurisdiction) Present: AKM Abdul Hakim J Zafar Ahmed J A Hakim Gazi and others .........Plaintiff Appellants Vs. Md. Nasiruddin, Assistant Vice President/Manager and others......Defendant-Respondents Judgment..

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. ......esult: The Rule is made absolute. Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah Eastern Ltd Vs. Burmah Eastern employees Union, 18 DLR 709; Abdul Jalil Vs. Islami Bank Bangladesh Ltd., 53 DLR (AD) 12 and Rasheda Begum Vs. Nurussafa, 2004 BLD (AD) 223 = 9 BLC (AD) 223.......bsp;                      Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 201...... the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Mostafa Kamal Sazu and oth¬ers Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others, 2014, 43 CLC (HCD)

....e by this Court exercising its jurisdiction under Article 102 of the Constitution....... (17) Case Referred to- Ahsanul Azim Vs. Bangladesh, Writ Petition No. 1290 of 2011; SM Sanaullah Vs. Government of Bangladesh and others, Writ Petition No. 5294 of 2011;R.Vs. Metropolitan Police Commis......Jurisdiction) Present: Md. Ashfaqul Islam J Md. Nazrul Islam Talukder J Mostafa Kamal Sazu and oth­ers................Petitioners Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others....... Respondents Judgment December 8, 2014 Resu......gh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Nazrul Islam Talukder J Mostafa Kamal Sazu and oth­ers................Petitioners Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others....... Respondents ...... concerned respondents at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 251 ..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3

Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)

....Act itself is special law, a ex-propritory Act, wherein it is held that as:— "The real point, therefore, of the present argument is that the Act should be so inter­preted that the Government should not be put to extra cost when it has been unable to com-, plete its plan at a time......d, 45 DLR (AD) 69; State of Madhya Pradesh Vs. Vishnu Prasad; AIR 1962 1593; Palani Goundan Vs. Peria Goundan, AIR 1941 Mad 158; Hazera Begum Vs. Artha Rin Adalat, 12 BLC (AD) 153; AKM Nurul Alam Vs. Bangladesh 46 DLR(AD)113. Lawyers Involved: Md. Eunus, Advocate—For the Plaintiff-Pe...... High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December ......Prasad; AIR 1962 1593; Palani Goundan Vs. Peria Goundan, AIR 1941 Mad 158; Hazera Begum Vs. Artha Rin Adalat, 12 BLC (AD) 153; AKM Nurul Alam Vs. Bangladesh 46 DLR(AD)113. Lawyers Involved: Md. Eunus, Advocate—For the Plaintiff-Petitioner. MA Azim Khair and Morshed Ahmed Khan, ..

Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....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     ......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, 1972 Article 108 Court–Contempt of Court—Ensuring effectiveness and wor......me Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Oxinel Services Pte. Ltd……………...Petitioner Vs. SOM Kalimullah, MD, Bangla­desh Telecommunication Com­pany Limited (BTCL) and other......ired. 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

A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....ment and order along with the lower Court's record be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......ment and order along with the lower Court's record be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......D) (2015) 130 ...... This Case is also Reported in: 67 DLR (HCD) (2015) 130 ..

Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....r 1 year with a fine of Tk.' 40, 00,000 (Taka Forty Lakhs) only of which the complainant will get Tk. 35, 00,000 (Taka Thirty Five Lakhs) only while the rest amount will go in the treasury of the Government. 7. The convict as against the said judgment and the order of conviction and sentenc......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ...... High Court Division (Criminal Revisional Jurisdiction) Present: ANM Bashir Ullah J Shariful Alam (Babu) (Md.)…………….Accused-Petitioner Vs. State and another………….........Opposite Parties Judgment ......s Case is also Reported in: 67 DLR (HCD) (2015) 182 ..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

The Commissioner of Taxes, Taxes Zone-1, 2nd 12-Storied Building, Segun Bagicha, Dhaka Vs. Arif Knit Spin, 2014, 43 CLC (HCD)

....Capital gains”: Provided further that for the purposes of this section the Deputy Commissioner of Taxes shall, in computing any loss, deduct any amount received in cash as subsidy from the Government.” “46A. Exemption from tax of newly established industrial undertakings,......egative i.e. in favour of the department-applicant and against the assessee-respondent.           No costs. The Registrar, Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. ......ommissioner of Taxes, Taxes Zone-1, 2nd 12-Storied Building, Segun Bagicha, Dhaka…………………………………Applicant Vs. Arif Knit Spin Limited, 70, B. B. Road, Narayangonj……………......sp; Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 0

Commissioner of Taxes Vs. Arif Knit Spin, 2014, 43 CLC (HCD)

....Capital gains”: Provided further that for the purposes of this section the Deputy Commissioner of Taxes shall, in computing any loss, deduct any amount received in cash as subsidy from the Government.” “46A. Exemption from tax of newly established industrial undertakings,......egative i.e. in favour of the department-applicant and against the assessee-respondent.           No costs. The Registrar, Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. ...... (Special Original Jurisdiction) Present: Zinat Ara J Md. Habibul Gani J The Commissioner of Taxes Taxes Zone-1, 2nd 12-Storied Building, Segun Bagicha, Dhaka.....Applicant Vs. Arif Knit Spin Limited, 70, B. B. Road, Narayangonj……………......; Md. Habibul Gani J: I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 20

Youngone (CEPZ) Limited, Plot No.11-16, Sector-2, Export Processing Zone, Chittagong Vs. The Commissioner of Taxes, Taxes Zone-2 CGA Building, Chittagong, 2014, 43 CLC (HCD)

.... 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: ......ccount regularly and unless any defect in the account is specifically pointed out by the assessing authority he is to accept the accounting...................(16) Cases Referred to- Eskayef Bangladesh Limited Vs. the Commissioner of Taxes, 58 DLR 531; Friends Corporation Vs. the Commission......t Ara J Md. Habibul Gani J Youngone (CEPZ) Limited, Plot No.11-16, Sector-2, Export Processing Zone, Chittagong……………………Applicant Vs. The Commissioner of Taxes, Taxes Zone-2 CGA Building, Chittagong………&he...... Md. Habibul Gani, J: I agree.   This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1

Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....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:   ...... Judgment November 30, 2014 Result: The question formulated for determination answered in the affirmative in favour of the department-respondent. Cases Referred to- Eskayef Bangladesh Limited vs. the Commissioner of Taxes, 58 DLR 531;Friends Corporation Vs. the Commissione......y Original Jurisdiction) Present: Zinat Ara J Md. Habibul Gani J Youngone (CEPZ) Limited, Plot No.11-16, Sector-2, Export Processing Zone, Chittagong……Applicant Vs. The Commissioner of Taxes, Taxes Zone-2 CGA Building, Chittagong……Respondent ...... Md. Habibul Gani J: I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....llate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J   Md. Abdul Wahhab Miah J  Hasan Foez Siddique J    Government of Bangladesh and others………..Appellants (In all the appeals) Vs...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J   Md. Abdul Wahhab Miah J  Hasan Foez Siddique J    Government of Bangladesh and others………..Appellants (In all the appeals) Vs. Md. Moj......J   Md. Abdul Wahhab Miah J  Hasan Foez Siddique J    Government of Bangladesh and others………..Appellants (In all the appeals) Vs. Md. Mojibul Haque & others …Respondents (In Civil Appeal No.30 of 2012) Jud......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