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Fidelity Assets and Securities Co. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ircumstances and on the facts whether the Taxes Appellate Tribunal was justified maintaining disallowance of “interest suspense account” ignoring method of accounting of the applicant Company. (III) In the circumstances and on the facts whether the Taxes Appellate Tribunal was justi......in 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 stated that the DCT concern was lawfully entitled to invoke the power available under the provision of section 35(4) of the Income T..Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 0
....pon complying the provision of the said section 82BB of the Income Tax Ordinance 1984….A return filed under the provision of section 82BB(1) of the Income Tax Ordinance 1984 can be reopened by any other manner other than the provision of section 82BB(3) of the Income Tax Ordinance 1984.............llowing 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 raising any dissatisfaction as to the method of account..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 2
Fidelity Assets and Securities Co. Ltd. Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Application No. 68 of 2010. Judgment A.F.M. Abdur Rahman, J.— These 2 (two) Income Tax Reference Applications preferred by the Assessee-applicant, Fidelity Assets and Securities Company Limited (FAS), having involved the similar questions of law based upon similar set of facts are ......e same in the audit report and also opined as to non-applicability of section 32(7) of the Income Tax Ordinance 1984 in case of the Assesseee-applicant and accordingly the DCT concern made it’s lawful assessment order, which has been affirmed by the two appellate authorities, for which the que..Category: Fiscal/Taxation Law | Date: 16 Sep, 2014 | Hits: 0
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....lip;....... (30) The right of pre-emption comes into existence after a valid, complete and bonafide sale, i.e. after the title has passed to the purchaser, and cannot be exercised in the case of any other alienation. The right to pre-emption is very special in its character. It is founded ......ly agreed upon, because it has been related by Jahir that the Prophet decreed pre-emption, in respect of every joint undivided property, whether a grove or a house, saying:- "it is not lawful for anyone to sell till he has informed his co-parcener who may take or leave it as he wishes..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Payer Mohammed Vs. Deputy Commissioner of Taxes and others, 2014, 43 CLC (HCD)
....rticular year. This provision is protected by subsection (3) of the said section. This is to say that the privilege which has been given to an assessee under 82BB (1) cannot be misinterpreted on any pretext. For that reason section 82BB (3) restricts the right to reopen the return which has bee......sioner of Taxes, Circle-2 (Companies) Taxes Zone-1, Chittagong. (Respondent No.1), violating the provision of section 82BB (3) of the Ordinance should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Fiscal/Taxation Law | Date: 15 Sep, 2014 | Hits: 9
Enamul Hoque Chowdhury Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....n can be raised against the source of such undisclosed income by the DCT concern since the provision of Paragraph-2 of the S.R.O. 98 of 2007 categorically restricted the income tax department to make any further action against such non-discloser of undisclosed income........(10) The DCT concern......reopening of the case of the petitioner for the assessment year 1999-2000 under section 93 for reassessment and imposition of penalty under section 128 of the Ordinance must be held to be without any lawful authority and of no legal effect................(19) The Bank loan has been termed as no..Category: Fiscal/Taxation Law | Date: 14 Sep, 2014 | Hits: 0
Hosaf International Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....o other document contrary to the amount document enclosed. 2. Whether, in the facts and on the circumstances of the case, the Tribunal under 159(2)/82C was justified in maintaining assessment in any other section other than section 82C in the year under consideration while the business transact...... rejected the ground No. 2 but allowed the ground No. 3, directing the Commissioner of Taxes (Appeal) to dispose of the matter upon hearing the Assessee-applicant. But the ground No.2 since not being lawful, was not allowed by the Taxes Appellate Tribunal, since the Assessee-applicant failed to subm..Category: Fiscal/Taxation Law | Date: 10 Sep, 2014 | Hits: 0
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....mination are answered in the negative and in favour of assessee. Questions formulated for determination: 1. Whether on the facts and in the circumstances of the case in the absence of any finding that the applicant has not followed a regular method of accounting its income could be c......ally to produce documents in favour of the accounts, submitted along with the return, but the Assessee-applicant since failed to produce adequate evidence supporting the accounts, the DCT concern was lawful in invoking its power under the provision of section 35(4) of the Income Tax Ordinance 1984 a..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
Dr. Poly Dam Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....come Tax Ordinance 1984, if the National Board of Revenue selects the said return for audit purpose and upon auditing the same the DCT concern if satisfied as to reopening of the deemed assessment on any vital reason it can proceed to make a revised assessment on the basis of revised return to be fi......Tax Ordinance 1984 against the Assessee-writ-petitioner expressing his intention to reopen the deemed finalized assessment of assessment year 2011-2012 of the Assessee-writ-petitioner. That being not lawful the issuance of the notice is required to be declared as has been issued without any lawful a..Category: Fiscal/Taxation Law | Date: 4 Sep, 2014 | Hits: 1
....is invoked no one can evict from the suit property by administrative order
The suit is filed by plaintiffs not by the defendants. The suit may be dismissed or may be decreed which cannot in any way prompt the defendant to evict the plaintiffs or dismantle the property taking recourse to fo......urt relied on the case of Belayet Hossain Vs. Nurul Alam, 42 DLR (AD) 20, where it is held that "A person in wrongful possession of property is not entitled to be protected against the lawful owner by an order of injunction and a trespasser is not entitled to perpetual injunction..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....unal, Chittagong Bench, Chittagong legally justified accept and entertained the departmental second appeal, filed seriously violating the section 158(4) of the Income Tax Ordinance 1984 without filed any condonation of delay prayer. (ii) Whether the Taxes Appellate Tribunal, lawful accepted and......epartmental second appeal, filed seriously violating the section 158(4) of the Income Tax Ordinance 1984 without filed any condonation of delay prayer. (ii) Whether the Taxes Appellate Tribunal, lawful accepted and entertained the departmental second appeal filed after seriously violating the r..Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1
Shah Monzurul Hoque Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nation: 1. In the circumstances and on the facts whether the Taxes Appellate Tribunal Division Bench, 05, Dhaka was justified estimating professional income of the applicant without having any fresh and definite information about income of the assessee. 2. In the circumstances and on......he Taxes Department and filed affidavit-in-opposition, wherein it has been stated that the action taken by the DCT concern in assessing the tax liability including the family expenses was correct and lawful and as such the instant Income Tax Reference Application is required to be rejected. 4. ..Category: Fiscal/Taxation Law | Date: 1 Sep, 2014 | Hits: 0
Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e is also Reported in: ......o from the account submitted by the Assessee-applicant being certified by the Chartered Accountant and accordingly estimated the income of the Assessee-applicant through a higher amount. That being a lawful and correct the Commissioner of Taxes (Appeal) and the Taxes Appellate Tribunal did not inter..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
........... (20) The sign of applying the provision of section 84 is the service of notice under section 79 or 83(1) of the Income Tax Ordinance 1984 unless such provision is complied with any assessment order made as best judgment assessment is a palpable illegality having no legal impli......er in order to benefit himself under the provision of section 184 of the Income Tax Ordinance 1984.......(24) The income tax statute has allowed the department to collect tax upon income through lawful way and not to extort money by invoking the power available to them under the Income Tax Ordi..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)
....Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984); Section 52 The Income Tax Rule, 1984; Rule 16 The provision of section 52 of the Income Tax Ordinance 1984 liable the Gas Company to pay income tax in advance, to be deducted at the payment stage by the deducting authority. In......ame a double payment, in the hands of the taxes department, of the same tax, since the tax department shall get tax from the earlier paid gas bills in due course, the tax department cannot be allowed lawfully to obtain twice on the same liability. This has happened in the instant case.................Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
....…………..Respondents Judgment July 23, 2014 Result: The Rule is disposed of. Whether the petitioner was eligible to be appointed as the Headmaster in any special quota or not It is difficult to take any decision as to the nature of handicraft of...... Dhaka-1216 (respondent No.3) under Memo No.প্রাশিঅ/০১/নিয়োগ/প্রশিনি/২০১২/১৪ and why their failure to comply should not be declared to be without lawful authority and of no legal effect and/or why such other or further order or orders should not ..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh Bank and acted accordingly. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984); Section 17 It has been provided in section 17 of the Income Tax Ordinance 1984 that any deemed income accrues or arises or is deemed to accrue or arise to any tax payer in Bangladesh d......nse account and therefore the addition of the said amount, kept in suspense account with the total income of the Assessee-applicant not being illegal the two lower appellate authorities correctly and lawfully did not interfere with the assessment order as made by the DCT concern, for which the quest..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
....arged. The Public Gambling 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 somethin......ongst others, to organize and conduct indoor games which includes 1-10, 1-8, Charchari, Dice, Howji Khela and cultural programs. 3. Further case of the petitioner is that the agreement gives him lawful authority to conduct his business of those games in the specified premises of the Club initia..Category: Others | Date: 28 Jun, 2014 | Hits: 91
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... for the enactment of the law and the Rules...... (48) Since there appears no special defence case on behalf of the accused in respect of the trap case that the P.W. 1 who led the trap party had any connivance with Abdus Salam Khokon in order to make a trap, such a defect which might have been ...... in nabbing the accused during the alleged transaction of bribe had proceeded illegally without compliance of the provisions of law. He did not obtain any sanction for trapping the case from the lawful authority. As such, the whole act of trap has become illegal and on the basis of the said ill..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....ncome Tax Ordinance the Income tax authority is to deal with such return under the provision of Section 83A(1) of the Ordinance and there being a non-obstante clause containing “Notwithstanding anything contained in this Ordinance” the return filed thereunder shall be received by the Dep...... in short) is that the return must be correct; that the return submitted by the assessee was not correct and, in such view of the matter, the order passed by the DCT and the appellate authorities are lawful and thus, the reference application is liable to be rejected outright. 8. The assessee f..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
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