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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: ......slami Bank Bangladesh Limited (hereinafter stated as the assessee) is a banking company incorporated under the Companies Act, 1913. The assessee has been carrying on banking business according to the principle of Islami Sharia. The assessee has been paying income tax regularly and it submitted its i......lip;…… the expenditure made by the assessee under the head Zakat does not come within clause (XXVII) of section 29(1) of the Ordinance , 1984, therefore, the same cannot be a deductible amount in assessing income of the assessee company. Consequently the benefit of section 44 and parag..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
....he result, the Income Tax Reference Application is rejected.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......he result, the Income Tax Reference Application is rejected.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......sioner of Taxes who passed order in deleting the Income determined by the ACT as Income from other sources under section 19(3)33d at Tk. 1,05,39,450/- by admitting the false and fabricated gift amounting to Tk. 1,05,39,45/- as the assessee failed to prove the genuinity and verifiability of the..
Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | 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:
......deposits or fixed deposits or any term deposit maintained with any scheduled bank including a co-operative bank, or by way of share of profit on term deposits maintained with any bank [run on Islamic principles or non banking financial institution or nay leasing company or [housing finance company]]......nance, 1984 (Ordinance No.XXXVI of 1984)
Section 53F
The deduction of any Advance Income Tax (AIT) under the provision of section 53F of the Income Tax Ordinance 1984 does not relate to the amount which has been made as ‘provision’ for the purpose of such payment to the term de..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
....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:
......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:
......me tax assessee, holding TIN. 307-200-0804/Co-3, which submitted its income tax return under the provision of section 75 of the Income Tax Ordinance 1984 for the assessment year 2007-2008, showing an amount of income at Tk. 39,94,867.00 and along with the return submitted chartered accountant certif..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......f India said: "The present was thus a clear case of exercise of power on the basis of external diction. The dictation that .came on the prayer of the DSP will not make any difference to the principle. The DSP did not exercise the jurisdiction vested in him by the Statute and did not g......ing of Notices— The notices shall have to be issued independently following the provisions laid down in the VAT Act. In all the cases where there is a direct demand for depositing the amount or asking for documents or even merely a notice served under section 55(1) of the Act if foun..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....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:
......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:
......opined in a vague manner that “on examination of the salary statement it is found that the company paid excess perquisite of Tk. 2, 71, 00,529.00” and recommended for adding back the said amount to the income of the Assessee-applicant. This court finds that the question No. 2 as has been..
Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0
....vit dated 26-11-2013 filed the respondent No.1) it has been stated that between the period from 17-9-2009 to 9-6-2010 the plaintiffs son availed investment facility of total Taka 8, 00,000 in 10 installments, but he defaulted in repaying the same with profit.
24. The bank published auction......p;
8. The case of the defendant No.1, as stated in the written objection, is that the suit is not maintainable and barred by the principles of estoppel, waiver and acquiescence. The specific
case of the defendant No. 1 bank ......ed the sale deed No. 158 in respect of the mortgaged property in favour of defendant No. 2. Out of the sale proceeds the bank adjusted its outstanding dues of Taka 10,29,359.74 and paid the rest amount of Taka 55,11,640.22 to the plaintiff in cash which was received and acknowledged by the plai..
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. ......d and, for this reason, he may be impleaded as a proper party to the suit. The Civil Procedure Code prescribes the provisions for impleading the persons as plaintiff/s and defendant/s and the settled principle for impleading a person as a defendant is that a relief should be sought for against the p......ter, he places section 21A of the SR Act, 1877 and submits that: there are 2 mandatory components of this provision of law namely, the contract must be a written registered instrument and the balance amount of consideration must be deposited in the Court at the time of filing the suit for specific p..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......ppearing for the plaintiff-petitioner, submits that, after contested hearing the suit was decreed and decree was put into execution against defendants who are legally directors and it is settled principle of law that executing court cannot go beyond the decree as such the learned Judge committe......nd it is hell if any default made in payment of 'single installment.' Financial institution taking such special 'expropriation' law impose interest in many phases in making small amount to a 'monster.' As such provisions of special law to be interpret specially. The part..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....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
......llenge to the dignity, authority and majesty of this Court as well as to the rule of law; that the said letter dated 30-9-2013 is annexed herewith as "Annexure: "C"; that it is settled principle of law that "Disobedience to or failure to obey an interim order constitutes con...... this Court, by not obeying this Court's order dated 23nd of July, 2013 as regards admitting a new Bank Guarantee and adjust with the previous bank' Guarantee and to return back the remaining amount to the petitioner; that the contemner-opposite party No.1 Bangladesh Telecommunication C..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 6
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 ......lant has been trying to bank the evidence of Benod Biswas, the C&F agent who stated that some goods have been delivered later on but this evidence of Benod Biswas has not been corroborated by his principle P.W.1 Sadhan Kumar Sarker, the informant of this case. So, there is no any prove in the re......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 ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....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 ......e but the same argument has been placed before me that for the non co-operation of the learned Advocate the same did not find place in the petition of appeal. 34. However, it is the settled principle of law in our legal system that a party should not suffer for the wrong advice of his lawy......y from him on different dates with the assurance that he will return back the same when the complainant so desires. But on the demand of the complainant the accused failed to make payment of the said amount and on the pressure of the complainant the accused drew a cheque on 9-9-2009 for Tk. 35,..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
....Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......84?
The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984); Section 37
If the net result of computation of income under any head is a loss, the assessee shall be entitled to have that amount of loss set off against his income, if any, assessable for the assessment year under any othe..
Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 0
Commissioner of Taxes Vs. Arif Knit Spin, 2014, 43 CLC (HCD)
....preme Court of Bangladesh, is 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: ......preme Court of Bangladesh, is 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: ......s the DCT) showing total loss from business at Tk. 1,64,40,557/-. The DCT made assessment under sections 83(2) and 46 of the Ordinance disallowing some non-verifiable expenses and also disallowing an amount of Tk. 8, 80,621/- derived from bank interest and adding it as income of the assessee. 4..Category: Fiscal/Taxation Law | Date: 1 Dec, 2014 | Hits: 20
.... 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:
......roper evidence i.e. bills, vouchers, etc and made partial disallowances of various expenses in the profit and loss account legally. Therefore, the Tribunal lawfully maintained the order of the DCT in principle. The rate of gross profit was legally estimated by the DCT on the basis of past record by ...... to be noted that though some of the expenses were not verifiable as specifically pointed out by the DCT, yet the Commissioner of Taxes (Appeals) after considering the materials on record reduced the amount of disallowance and also deleted some of the disallowance altogether which were made by the D..
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: ......roper evidence i.e. bills, vouchers, etc and made partial disallowances of various expenses in the profit and loss account legally. Therefore, the Tribunal lawfully maintained the order of the DCT in principle. The rate of gross profit was legally estimated by the DCT on the basis of past record by ...... to be noted that though some of the expenses were not verifiable as specifically pointed out by the DCT, yet the Commissioner of Taxes (Appeals) after considering the materials on record reduced the amount of disallowance and also deleted some of the disallowance altogether which were made by the D..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......7705 and 7706 of 2006 as affirmed by this Court in CP Nos.2382 and 2383 of 2009. Therefore, we need to see what were the facts involved in the said two writ petitions, what was decided there and what principle of law was propounded and how this Court approved the decision of the High Court Division ......in the light of the observations, the findings and the decisions given 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
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......enant of defendant No.1 and having had good faith on him he without reading and understanding the contents of bainanama put his signature therein. Earlier the husband of the plaintiff took loan of an amount of Taka 30,000 but he did not repay the same and denied to pay the rent to the defendant No. ..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....ule stands vacated. Communicate the judgment and order immediately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ...... support of their case have adduced five witnesses and among them D.W.1 is the defendant No. 26 who tried to corroborate their pleading in his testimony. It is to be noticed that the established principle of civil law is such that it is the plaintiffs who in order to obtain a decree in their fa......ule stands vacated. Communicate the judgment and order immediately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
....se three 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:
......se three 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:
......e tax liability of the employer although the employee shall be liable to tax for such payment received with basic salary....................................(14)
Section 29(xxvii)
A laid out amount for the purpose of gratuity has to be treated as an expenditure under the provision of sectio..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
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