1 CHAPTER -1 PROCEDURE IN CONNECTION WITH ASSESSMENT AND COLLECTION OF INCOME-TAX The forms special to the Income - tax Department have been standardized in the I.T. series and are given in Appendix 'A'. Important forms.---- The most important forms used in connection with the assessment and collection of income-tax are(1) General Index Register (I. T. 36). (2) Register of Demand and Collections (I. T. 41). (3) Register of Daily Collections (I. T. 44). (4) Register of Daily Refund (I. T. 44A). (5) Assessment Form (I. T. 30). (6) Notice of Demand (I. T. 15). (7) Income -tax Chalan (I. T. 31). There are also a number of less important forms and registers, some of which are described in this chapter. General Index Register.-- This register consists of two portions, (a) Permanent record and (b) Five years' record. The permanent record contains the names and addresses of the assessees arranged in alphabetical order. After each letter of the alphabet, a certain amount of blank space, (equal to 25 per cent of the space utilised under each letter, for rural areas, and 80 per cent in the case of cities and towns with a changing population) should be left to permit of the insertions of new names. While entering the names in the register the surnames, such as, khan, Chaudhuri, Sheikh, Mian, etc, should be written at the end of the name proper instead of the beginning. When any name is removed from the register, the appropriate entry should be ruled out in red ink and the deletion attested by the dated initials of the Deputy Commissioner of Taxes. If the collections in any year are year are to be full and complete, as should be the aim of every Deputy Commissioner of Taxes, it is necessary that the assessment work should be taken up as early as possible in the new financial year. Normally, most of the assessment work in revenue- yielding cases should be completed by the end of December, so that the clerks have sufficient time during the concluding months of the year to prepare the notices calling for the returns of income in order that these may be issued soon after the 1st of July each year. Notices calling for returns should be prepared in the sequence of names in General Index Register and the miscellaneous Record (I. T. 38) should be started by an entry on the Order sheet (I. T. 39) directing the issue of the notice calling for a return of income. If a miscellaneous file has already been started for advance payment of tax under sections 18A, a new file should not be started but the existing file made use of for making the above entry. The annual number of each case should be entered in the first column under the appropriate year in the Five -Year Record. It is obvious that as names are struck off or added to the permanent record the annual number of the miscellaneous Record of a particular assessee may vary from year to year. When a notice 2 calling for return of income is issued, the date of its issue should be entered in the second column under appropriate year in the Five-Year Record portion of the G.I.R. Similarly, when the return is received, the date should be entered in the third column. This will enable the Deputy Commissioner of Taxes, and the Inspecting Officers to ascertain without much difficulty the extent to which assessees are submitting their returns in time. The last number in any year would also indicate the total number of that year's assessment is disposed of, its serial number in the Demand and Collection Register should be entered in the G.I.R below the annual number of the case in the appropriate year column. This will provide an automatic cheek against any case overlooked. Register of Demand and Collections (I. T. 41).- This is the most important register maintained in an Income -tax Office. The form of this register comprised 36 columns, which are self-explanatory. When the assessment has been completed the Deputy Commissioner of Taxes should make the necessary entries in the Register of Demand and Collections in his own hand. If the result of assessment is a demand, the entries in the columns of this register should be in black ink. If, on the other hand, the assessment results in a refund, the Deputy commissioner of Taxes should make entries in the register in red ink except in column 4, where the entry should invariable be in black ink, unless the result of assessment is a loss, in which case, the entry in column 4 should also be in the red ink. Similarly, in column 20, the entry should always be in black ink, unless the reference is to a refund of last year. In column 21, the amount of increase will be shown in black ink and that of decrease in red ink. If the assessment result in no demand, or no assessment is made, the words ''ND'' or ''NA'' should be noted in column 11. By making entries himself, Deputy Commissioner of Taxes has an absolute cheek that no records are deposited without coming to his notice, because the final serial number in this register should correspond to the last annual number of the year, if all the assessments are completed within the year, as should be the Deputy Commissioner of Taxes aim. Further, if the demand is entered in his own hand, the Deputy Commissioner of Taxes is relieved of the necessity records. The “N.A.” entries in this register should be examined periodically by the Inspecting Officers to check any tendency to issue unnecessary notices calling for returns of income. The register enables the Deputy Commissioner of Taxes to check his own work and the Inspecting Officers, the Deputy Commissioner of Taxes work as entries in black and red show whether big cases have been done or only refund, N.D. or N.A cases have been finished. All cases in which a separate annual number has been allotted should be passed through this register. It is also necessary to pass an entry in this register when a case is transferred to another Circle or the case is filed. All entries should be given a serial number except in cases where the assessment is made under section 23B, or a mistake is rectified under section 35, or where effect is given to the order passes by the Appellate Joint Commissioner under section 31 or by the commissioner of Taxes under section 33-A or by the Income-tax Appellate Tribunal under section 33. In column 36(i.e., the 'Remarks' column), the Deputy Commissioner of Taxes should note the status of the assessee, the sections of the Act under which that assessment has been made and the assessment year for which the assessment has been completed. 3 Column 12 (showing the date of issue of the notice of demand) is of great importance from the point of view of controlling collections. The date on which a demand should be paid should invariably be mentioned in the notice of demand at the top of the form of chalan. If no date is mentioned, the demand is payable on or before the first day of the second month following the date of the service of the notice of demand. In fixing the time for payment, the deputy Commissioner of Taxes should keep in view the quantum of the demand, the means of the assessee and the time left before the close of the year. If an assessment is completed in the early part of the year, a period of thirty days would ordinarily suffice; in most cases. As the year draws near to its close a lesser period, i.e. twenty or fifteen days' time may be allowed, having regard to the circumstances of each case. In special cases, i.e., where objective tactics have been employed by the assessee or where an assessee is expected to leave the country, even less time may be allowed by the Deputy Commissioner of Taxes. The date of service of the notice of demand should be noted in this column (column 12) just below the date of issue, e.g., if the notice of demand was issued on 15th March 1979 and served on 17th March 1979 the entry in column 12 should be 15th March 1979/17th March 1979. The bottom entry is very important for determining the period of limitation for the initiations of recovery proceedings, i.e. the issue of a distress warrant or a recovery certificate. when the Deputy commissioner of Taxes office portion of the chalan is received and the necessary entries have been made in the appropriate entries should be made in collection columns Register of Daily collections 13 to 19.26 to 28, 32 or 34, according to the nature of the demand to which the collections relates. The Demand and Collections Register should be divided into separate sections as shown below:(i) Arrears demand brought forward on the from 1st of July the preceding year. -The entries in respect of these demands should be made in red ink (except the demand which should be in black) at the beginning of the register. At the end of this section, the following certificate should be recorded"Certified that all the outstanding demands as on 19 30th June have been correctly brought forward from the Demand and Collections Register for the year 19 . Deputy Commissioner of Taxes . . . . . . . . . . .Circle/Division/District." (ii) Arrear assessments completed in the current year. (iii) Current year's assessments, including section 34 proceedings for the current year. (iv) Trial Register cases resulting in demand. 4 (v) Section 34 proceedings for earlier years. (vi) Plus and Minus Memo for entering modification in the demand due to appeals, etc. There should be separate plus and minus memos for each of the above sections and sufficient number of pages at the end of each section should be set apart for this purpose. Collection of Demand.- (1) Penalty u/s 46 (1).- It is the duty of the deputy Commissioner of Taxes not only to raise the demand but also to see that the demand raised by him is collected within the same financial year. With a view to achieving this result, the following procedure should be followed:(a) The demand notice and chalan should be issued on the same day on which the assessmen order is signed by the Deputy Commissioner of Taxes. If, due pressure of work, the demand notice and chalan could not be issued in the same day, it should invariably be issued on the following day. (b) On every chalan accompanying a demand notice, the date by which the payment should be made by the assessee should be indicated. This should be done by writing the date in red ink on the top of every chalan against the entry provided for the purpose, i.e., " To be paid on or before----------(date)." Normally, as stated above, not more than thirty day's time should be allowed to the assessee to make the payment. If the demand is levied after the 15th of April of a particular year, this period may be reduced to twenty, fifteen, ten or a less number of days, according to the nature of each case. When a demand falls into arrears, the Deputy Commissioner of Taxes has to decide what action to take. In some Circles, the practice of issuing reminders has grown up. Although this may be suitable in special case, it should not be adopted as a general procedure. Not only if is wasteful expenditure of stamps involved, but if the assessees become accustomed to the issue of reminders, they will never pay the demand by the due date, for they will expect that before any penalty is imposed, they will receive a communication from the Deputy Commissioners of Taxes. As soon as a demand falls into arrears, Deputy Commissioners of taxes should consider the question of the imposition of penalty under section 46(1). While there is no intention to interfere with the discretion of the Deputy Commissioners of Taxes to allow installments and extensions of time in suitable cases, a penalty must be imposed where the assesee, having the means to pay, has not paid the tax. The first penalty should be levied at the rate of 5 per cent. Of the demand in arrears; but where such demand exceeds TK. 1 lakh the penalty may be levied at the discretion of the Deputy Commissioner of Taxes at a lower rate, but not less than 2-1/2 per cent. If the first penalty provision effective, a further penalty of 5 per cent, Should be imposed - in the case of demand over 1 lakh, the percentage may be reduced at the discretion of the Deputy Commissioner of Taxes but not below 2-1/2 per cent. If the second penalty also proves ineffective a further penalty of 5 per cent should be levied – in the case of demand over 1 lakh, the percentage may be reduced at the discretion of the of The Deputy Commissioner of Taxes should in such cases also start recovery proceedings by issuing distress warrants and should these fail (but never before) issue Certificate to the Collector under Section 46(2). 5 (ii) Distress warrants and Attachment of debts due to the Assessee. - If the assesee disregards the demand notice, the Deputy Commissioner of Taxes should have recourse of section 46(3) of the Income Tax act, which provides an effective means of recovery. According to this section the commissioner may direct that in respect of any area the arrears of Income-tax may be recovered by any process enforceable for the recovery of the arrears of municipal tax or local rate imposed under any enactment for the time being in force in any part of the Country, and the Deputy Commissioner of Taxes thereafter may proceed to recover the mount due by such process. The municipal laws provide for the attachment and sale of the moveable of the defaulters and the Commissioner may authorize the D.C.T. under section 46(4) of the Income Tax Act, to realize the arrears of Income -tax in this manner. Deputy Commissioner of Taxes can then issue Distress warrants in the name of his Inspector or bailiff in Form I.T.21. A record of distress warrants issued together with other particulars should be maintained in form I.T.74. This has been found to be an effective and speedy means of recovery and the Deputy Commissioner of Taxes should try this method in the cases of assessees having moveable assets. The Deputy Commissioner of Taxes can also invoke the aid of sections 46(5A) of the Income Tax Act, according to which an assessee's deposits in a bank or moneys due to him from any person can be attached. If the person on whom the Deputy Commissioner of Taxes serves the notice of attachment discharges any liability to the assessee, he becomes personality liable to the Deputy Commissioner of Taxes to the extent of the liability discharged, or the liability of the assessee for tax and penalties, whichever is less. If he pays the amount, it would be a sufficient discharge of his liabilities to the assessee. This provision is very helpful for the realization of arrears of demand where assessee has a bank account or bills pending in Government departments, etc. Recourse should therefore be had to this provision invariably in such cases. (iii) Recovery Certificates under Section 46(2)/46A- If the assessee does not pay the demand even after action is taken under sections 46(1), 46(3) or 46(5A), a certificate under section 46(2)/ 46A of Income Tax Act, should be issued to the Collector /Taxs Recovery officer as the case may be. It should be noted that the various modes of recovery under section 46/46A are neither mutually exclusive not exhaustive and it is open to a Deputy Commissioner of Taxes to take action at the same time under one or more sub-sections of Section 46//46A. He should, however, see that no multipl recovery is made, and that the demand does not become time barred. The Deputy Commissioner of Taxes should not content himself with the issue of a certificate under section 46(2). He should follow this step up to its logical conclusion. The auriculars of immovable properties of the default or should be intimated to the collector and care should be taken to see that the arrears are realized within a reasonable time. Suitable entries about each action taken by the Deputy Commissioner of the Taxes for the recovery of tax should be made in the Order Sheet and the case reviewed at reasonable intervals through the Forward Diary. 6 The Inspecting Joint Commissioners Taxes should keep a special watch over the collection work and while inspecting the work of a Deputy Commissioner of Taxes they should satisfy themselves that all possible steps were and are being taken to collect the demand. Procedure to be followed in transferring arrear demand from one circle to an- other.- when a file is transferred from the jurisdiction of one Deputy Commissioner of Taxes to another, the arrears of tax should also be transferred. After the transfer of the file, it becomes the duty of the Deputy Commissioner of Taxes, to whom the file is transferred, to take necessary action for the recovery of the arrears demand. The Officer who transfers the file should specify the amount of tax, penalty, etc., remaining unpaid in the letter accompanying the assessment records and delete the demand so transferred from his demand collections register mentioning in the remarks column the number and date of the letter in which he has transferred the demand. The Officer who receives the file, should enter in his demand and collections register the amount of the arrears demand received on transfer and the amount of arrear demand of his Circle will be increased accordingly. This entry should be made in the demand and collection register on the same date on which the file is received. Procedure to be followed in Transferring Current Demand.- Where a current demand, which is in arrears has to be transferred on account of the file being transferred, the following procedure should be followed:The Deputy Commissioner of Taxes who transfers the record to another Deputy Commissioner of Taxes should Communicate to him the amount of the arrear demand. He will also communicate to the National Board of Revenue, Statistical Office, the amount of the arrear demand together with the number and other particulars of relevant I.T. 30 form relating to the assessment to which the arrear demand pertains. The National Board of Revenue, Statistical Office, will make adjustment entries and show the demand as relating to the Deputy Commissioner of Taxes to whom it has been transferred. The transferring Officer must send a prompt report to the Statistical Office, otherwise discrepancies will arise on in the figures of demand and collections of the two Deputy Commissioner of Taxes If a portion of the current demand has been realised before its transfer, the same procedure should be followed as mentioned above. The entire demand should be shown as transferred and the statistical Offices informed accordingly. The amount collected by the Officer who transferred the demand will not be shown as a collection of his demand but of the Deputy Commissioner of Taxes to whom it has been transferred. Notice of Demand (I.T. 15).- When the Deputy Commissioner of Taxes , has made the necessary entries in Demand and Collections Register, he should hand over the Register and the records to the clerk for the issue of the notice of demand. The date by which the payment should be made by the assessee should be noted in red ink on the top of the chalan. If the assessee in present, he should be requested to wait while the notice of demand and chalan are being prepared, and these should be served upon him personally. If this is done, the letter ''P'' can, with advantage, be entered under the date in column 12 of the Register of Demand and Collections to indicate that the notice was delivered in person. If the Deputy Commissioner of Taxes cannot, for any reason, 7 issue the demand notice on the date the assessment is completed, it should invariably be issued the next day. At Hd. Quarters, these notices should ordinarily be served through the Notices should ordinarily be served through the Notice server, who should obtain the receipt of the assessee on the tear-off acknowledgement slip (I.T.57); in cases where Deputy Commissioner of Taxes considers it necessary, such notices should be served by registered post. Demand notice for assessees in Muffassil areas should be served by registered post not by ordinary post. As far as possible, the Deputy Commissioner of Taxes should see that the demand notice and chalan are put up for his signature simultaneously with I.T. 30 form. This will ensure that the demand notices are issued without delay. Income Tax Chalan (I.T.31).- When the chalans is prepared all the necessary, entries should be made in the portions of it marked ''original'' and ''duplicate'' and particular care taken to show correctly the head of classification which will appear in the public accounts. The Deputy Commissioner of Taxes Clerk will sign certificate in the chalan and the Deputy Commissioner of Taxes will sign the order to receive payment and to grant receipt. Filling of Chalans.- The chalans when received from the Treasure must first be posted in the Register of Daily Collections which should then be put up to the Deputy Commissioner of Taxes for his check and initials . This should be done on the same day as the chalans are received. On return of this register and chalans from the Deputy Commissioner of Taxes table, postings must be made in the demand and collections register on the very same day or the next day at the latest. The clerk making the entries in the demand and collection register should initial each chalan and date his initials. After this, he should distribute them to the clerks concerned who are in charge of the assessment files. The latter should file the chalans in the appropriate assessment records on the same day making at note in the order sheet about the date and number of chalan, and the amount paid. The file should then be put up before the D.C.T. for his initials. If there is a balance of tax left, the necessary steps should be taken for its recovery. on receipt from the Treasury/Bangladesh Bank etc., the chalans should be dated and stamped, and every clerk who handles the chalan there- after should initial it and date his initials, so that subsequent delays, if any, in posting and filling may be detected, and the delay attributed to the person at fault. Register of daily Collections (I.T.44) and monthly verification of Departmental receipts.- when the Income -tax Office copy of the chalan is received from the Treasury, entries should first be made in this register, and then in the register of demand and collections. This register is assentially of the nature of a Bank pass book and entries therein should be verified with the Treasury every month. Register of Daily Refund (I.T.44A.).-This register contains 29 columns which are self-explanatory. As soon as a refund voucher is issued, necessary entries should be made in this register. A list of refund vouchers which have been issued in a month should be sent to the Treasury Officer at the end of the month for verification. As a voucher is in force only for one month, it will be unnecessary to send a particular list of vouchers to the Treasury more than twice a month. In large cities, where the number of refund vouchers issued may be large, special checks are required and Commissioners may by special order modify these arrangements in consultation with the accounts officer concerned. 8 Assesssment Form (I.T.3)).-The first page of this form indicates in broad outline the entire procedure prescribed in the Income-tax Act for assessment. The form is self-explanatory and should be studied carefully. The entries in this form should be made very carefully against the appropriate items. Entries relating to earned income relief, loss, tax deducted at source, rebate and refund should be made in red ink and other entries in black ink. Care should be taken to show the various code numbers in the case of income from different classes of trade or business. The exact description of the trade or business should also be given. The trade classifications and the code numbers allotted to them are given in Appendix B. The amounts on which rebate has been allowed for life insurance premia, contributions to provident or superannuation funds, etc., should be shown separately against each item and not lumped together and shown as one figure. In penalty cases, the section under which the penalty has been imposed should be specified in the appropriate column at the top of the first page of the form, and while writing down the amount of penalty on the second page, entries relating to the inappropriate sections should be scored out. In case of a nil assessment, the exact amount of income or loss should be shown on the first page against the relevant item. The average rate of income-tax/super-tax should be clearly shown on the second page. Appropriate entries should also be made in the relevant cages on page two of the form. The entries in these cages should also be initiated by the Deputy Commissioner of Taxes. Despatch of batches of I.T. 30 Form to the Statistician.-The batches of I.T. 30 form should be sent fortnightly to the Statistical Office, National Board of Revenue, arranged as follows: (1)All original assessment and refund forms should be placed at the top of the batch. (2)The forms relating to N.A., N.D. and loss cases should come next. But I.T. 30 forms relating to the following types of N.A. cases should not be sent :(a) All non-company cases in which the total income is below the minimum taxable limit but in which no refund is involved . (b) Loss cases, i.e., cases in which the net result from the various sources is a loss or cases where there is only one source of income resulting in a loss. But if, a loss case results in a refund, a copy of the relevant I.T. 30 form should be sent to the Statistical Office. (3) Assessment forms relating to revised assessments or refunds which have been reopened under Section 34 or to assessments completed and revised during the year, together with copies of the next preceding assessment or refund forms should be grouped together at the bottom of each batch. 9 It should be borne in mind that copies of revised assessment showing increase or decrease in demand or refund caused by revision of preceding year's completed assessments on account of appeal or revision, should in no case, with the exception, as noted above, of cases reopened under section 24 or assessment completed and revised during the year, be sent to the statistical Branch. Copies of I.T 30 forms showing refunds resulting from excess payment of tax to words the demand made either in the same year or in the previous year should not be sent to the statistical Office. As the refund in such cases does not result from any actual assessment proceedings it cannot be included in the statements which are meant to show an analysis of the net demand made during the year in respect o the assessments. when an assessment is revises under section 34 or rectified under section 35 within a fortnight of the date of the original order, at the instance or the Deputy commissioner of Taxes himself or any higher authority, but not as a result of any discrepancy discovered by the Statistical Office and the I.T 30 forms relating to both the original and the revised orders fall to be dispatched in the same fortnightly batch copies of the three assessment forms viz., one relating to the original assessment separately in ground I of the batch and the second and the third relating to the revised assessment and the next preceding assessment respectively as a separate unit in group III of the batch. Copies of I.T.30 forms relating to the assessments of registered firms, by whom no tax is payable should not be sent to the Statistical Office. If, however, a demand has been made against a registered firm in respect of the share of a non-resident partner under the second proviso to section 23(5) (a), a separate I.T.30 form for the partner should be sent to the Statistical Office. The status mentioned in the copy of the form in such cases should be that of nonresident partner and not that of the registered firm. Where no assessment has been made in a particular fortnight in any Circle, ward, etc., an advice note showing ''no assessment'', should be sent. The batches of I.T.30 forms should always be duly filled in ink. Re-submission of defective I.T. 30 forms to the Statistical Office.- The following procedure should be followed in respect of the re-submission of defective forms which are returned by the Statistical Office for the removal of discrepancies: (i) (a) Where the error is of the nature of a copying error: In this case, a fresh copy of the form should be prepared and forwarded along with the form returned by the Statistical Office. (b) Where the discrepancy requires action under section 34 or 35. The form which is returned by the statistical Office should always be sent along with form relating to the revised assessment. If delay in completing the proceedings under section 34 or 35 is anticipated , the Statistician should be informed accordingly and both the forms, viz., the form which was returned and the form relating to the revised to the assessment sent and when the proceeding are completed. 10 (ii) If the discrepancy falls under one of the following categories: fresh forms need not be prepared, but the original forms should be returned to the statistical office correction with the possible delay:(a) Where a copy the I.T 30 from relating to the next proceeding assessment is required. (b) Where the date on which the demand / refund a s per original assessment was actually collected/ cashed, is not mentioned. (c) where there is any discrepancy or omission of an indicative nature such as Code No., General Index Register number, status date of assessment, section, assessment year etc. All forms returned by the Statistician should be re-submitted separately and not included in the regular fortnightly batches. The Annual consolidated statement of Refund and increase in tax by revision of the preceding years' assessment or refund proceedings.- where the assessment completed in an earlier year are revised resulting in fresh demand or refund, an annual consolidated statement of the total amount of increase in the demand and of the total amount of refund allowed should be submitted in respect of all the revised I.T 30 forms. The revised I.T.30 forms in such cases should not be sent to the statistical office. The Consolidated Statement is to be prepared in the following form and forwarded by Commissioner of taxes to the Statistician within one month of the end of the year to which it relates: CONSOLIDATED STATEMENT OF REFUND INCREASE IN TAX CAUSED BY REVISION OF THE PRECEDING YEARS' ASSESSMENT OF REFUND PROCEEDINGS. Year 19 -19 Part A. – Revisions under any Section of other than section 34 Increase in tax 1. Tax 1. Individuals . . .. .. 2. Hindu Undividend families .. 3. Unregistered Firms and other assoCiations .. .. .. 4. Companies and concerns assessable at company rates .. .. Refund Super-tax 1.Tax Super-tax 11 Part B. – Revisions under any Section of original or reopened assessment under section 34. Increase in tax Refund 2. Tax Super-tax 1.Tax Super-tax 1. Individuals . . .. .. 2. Hindu Undivided families .. 3. Unregistered Firms and other associations .. .. .. 4. Companies and concerns assessable at company rates .. .. The preparation of the above annual statement will not entail more works as the figures are readily available from the plus and minus section of the Demand and Collection Register. [C.No. 3(1) –S40.dated 12-4-1944.] Advise Note and Fortnightly Statement .--- Fortnightly Batches of forms I.T.30 should be sent to the Statistician with two covering statements, known as ''Advice Note'' and fortnightly statement''. Advice Note .--- The column of the advice Note are self-explanatory but attention must be paid to item B. "Analysed Difference" and notes and the form of certificate at the bottom. The number of I.T. 30 forms shown against items 7 representing the difference between the number of cases disposed of by the D.C.T . and the number of forms sent to the Statistical Office should be analysed under the various heads contained in the cages. For this purpose the Deputy Commissioner of Taxes should satisfy himself that he total number of forms have either been included in the batch (and in that case, certify that tax value has been duly entered in the fortnightly Statement ) or have been with reference to the annual consolidated statement. Fortnightly Statement.--- This statement is complementary to the advice Note. The Deputy Commissioner of Taxes should satisfy himself that the entries in this statement represent the amounts of demand and refund in respect of the forms described in the Advice Note. He is also required to furnish a certificate that these entries have been checked from the Demand and Collections Register and found correct. (a) Original Demand assessed or Refund Order passes during the fortnight.The figures to be shown against this sub-head should be in respect to only the original assessments completed during the fortnight including original cases under section 34. The decrease in demand or refund due to revision of original assessments of the year or of assessments reopened under section 34, should in no case be shown against this sub-head (b) or (c, as the case may be. 12 (b) and (c) Increase or Decrease during the Fortnight. - The amount enhanced or reduced due to revision of current year's original assessment or due to fresh demand created under section 34 in the fortnight in respect to assessment completed in previous years should be shown against these sub-heads. In cases of increase in the original demand or refund the fresh demand or refund so created should be shown under relevant head against sub-head (b). In cases of decrease in original demand already collected the amount actually refunded on account of excess collection, should also be shown as increase in refund against sub-head(b). In cases of decrease in original assessment in respect of uncollected demand or un cashed refund, the amount of decrease so involved should be shown under relevant head against subhead (c) . The decrease of refund in case of original refunds cashed should, however, be shown as increase in demand against sub-head(b) 13 ADVICE NOTE 1. S. No. of advice Note. . . . . . . . . . . . . . . . . . . . . . . . . . 2. Month. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fortnight ended. . . . . . . . . . . . . . . 3. . District /ward/ Circle / Division, etc.. . . . . . . . . . . . . . . .Code No. . . . . . . . . . . . . . . . . . . . Code No. 4. Kind of Order:A. (i) Original assessment and refund proceedings (excluding original assessment under Section 34) (ii) Penalty and composition cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) Original assessment under Section 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. (i) Revision of proceeding mentioned in A(i) and (ii) above. . . . . . . . . . . . . . . . . . . . . . . . (ii) Revision of proceedings mentioned in No. (iii) in a(A) above. . . . . . . . . . . . . . . . . . . . . (iii) Proceedings completed in previous year opened or re-opened in the current year under Section 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. No. of forms sent to the Statistician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. No. Of cases disposed of during the fortnight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Difference between 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Analysis of difference:(i) Salary N.D. Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) N.D. Cases other than salary N.D. Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) N.A. Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) Transferred. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (v) Filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi) others.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total No.7. . . . . . . . . . . . . Certified that the volume of the forms detailed above has been duly entered in the Fortnightly Statement. Deputy Commissioner of Taxes Circle --------------------------------------Ward/District/ Division. Date...............................................19 . 14 FORTNIGHTLY STATEMENT 1. Month. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fortnight ended. . . . . . . . . . . . . . . . . . . . . . . . 2. District/ward/Circle/Division, etc. Code No.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Code No. . . . . . . . . . . . . . . . . . . . . . . . . . 3. kind of order:- Amount ---------------------------------------Demand Refund ------------------------------------------I.T S.T. I.T. S.T (i) Original demand assessed of Refund order passed during the fortnight in proceedings mentioned in items A (i) , (ii) and (iii) of Advice Note. .. (ii) Increase in demand or refund during the fortnight in proceeding mentioned in items B(i) (ii) and (iii) of Advice Note. .. .. (iii) Decrease in demand or refund during the fortnight in proceedings mentioned in items B(i), (ii) and (iii) of Advice Note .. .. -----------------------------------------------Resultant Total . . ------------------------------------------------Certified that the entries in the Statement represent the demand and refund in respect of forms detailed in the Advice Note and that they have been checked with the Demand and Collection Register (I.T.41) and found correct. Deputy Commissioner of Taxes . . . . . . . . . . . . . . . . . . . . Circle . . . . . . . . . . . . . . . . . . . . Ward. . . . . . . . . . . . . . . . . . . .District. . . . . . . . . . . . . . . . . . .Division. Dated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Annual Statement in respect of Salaries Circle.-- (1) In salary cases where , because of the tax having been adequately deducted at source, no notice under section 22(2) has been served or no voluntary return under section 22(1) has been made and also in salary cases where returns, voluntary or otherwise, having been made, scrutiny there of shows no demand, the I.T.30 forms need not be prepared for Statistical purpose. In respect of these cases, the Deputy Commissioner of Taxes should furnish a statement for the whole year giving the following particulars for each grade of income specified in the* margin, so as to reach the statistical office within one month after the close of the year::-1,999 *0 2,000 -2,499 2,500 -2,999 3,000 -3,499 3,500 -4,999 5,000 -7,499 7,500 -9,999 10,000 -12,499 12,500 -14,999 15,000 -19,999 20,000 -24,999 25,000 -29, 99 30,000 -34,999 35,000 -39,999 40,000 -49,999 50,000 -74,999 75,000 -99,999 1,00,000 -1,99,999 2,00,000 and over (1) Number of assesses. (2) Total salaries. (3) Total gross income -tax on total salaries. (4) Total gross super-tax on total salaries. (5) Total rebate (in terms of income-tax) on account of life insurance premia, provident funds etc. (6) Total Income -tax deducted. (7) Total super-tax deducted. (2) The figures as per items (1), (2), (6) and (7) will be readily available from the annual Returns under section 21, and those in respect of items (3), (4) and (5) will have to be calculated whether forms I.T.30 are to be sent or not. For item (3) however, the Ready Reckoner will serve the purpose in respect of a large number of assessess, and as regards (4) the number of cases is not likely to be large. (3) The Deputy Commissioner of Taxes should satisfy themselves that there is substantial a agreement between the figures shown under item (3) and the total of items (5) and (6) and between items (4) and (7) of the statement. A separate register should be maintained in respect of salary cases, 16 this register being in the forms of tabulation sheet with columns showing (i) the names and addresses of the employees, (ii) the number of file in which the employer's annual return under section 21 are kept, besides those for showing particulars to be sent to the Statistical Office. In the remarks column, an indicative mark should be made in token of the particulars having been reported to he Statistical Office. (4) In maintaining this register a few page should be taken together for each of the grades of income required to be reported to the Statistical offices and while filling in the tabular sheets all the employees of a particular employer should be considered together at a time. Assessment Records.-- All assessment records should be kept in four covers : (a) Miscellaneous record .. .. .. (b) Returns of income and connected statements (c) Income-tax assessment records (d) Permanent notes .. .. .. .. .. .. .. I.T. 38 .. I.T. 125 .. I.T. 40 .. I.T. 111 (a) Miscellaneous record (I.T.38).-- This should start with an order sheet (I.T.39) and comprise office copies of all notices, acknowledgement receipts, Income-tax Office portions of the chalans, intimation slips after proper verification and all correspondence with the assessee. The papers should be arranged in chronological order, the latest letter, etc., being on the top. The papers should be page numbered. The order sheet (I.T.39) is intended to be a complete record of the proceedings of a case from the stage of the receipt of a return under section 22(I) or on the issue of a notice under section 22(2)/34 up to the stage of the collection. All orders directing the issue of notices under section 22(2) ,34, 22(4), 22(4)A,23(2), 29,37, etc., should be recorded on the order sheet. When an application for time for the submission of a return, or for payment of tax, etc., etc., or any other letter from the assessee is received, a suitable entry should be made in the order sheet and the orders of the Deputy Commissioner of Taxes obtained thereon. The compliance of the orders should be noted in the third column of this form. All entries should be serially numbered and dated. A number of such entries can also be made by means of a rubber stamp, for instance, the orders regarding the issue of notices under section 22(2), etc.,etc. Commissioners of Taxes 17 should arrange to provide the Deputy Commissioners of Taxes with a sufficient number of rubber stamps covering routine entries to ensure uniformity and speed and the Deputy Commissioner of Taxes should see that the rubber stamps are made full and proper use of by the clerks. The miscellaneous record should be kept in the file for three years and thereafter sent to the record room for being retained for nine years. It should be destroyed after 12 years. (b) Cover for returns of income and connected statements (I.T.125). --This cover should contain the returns of income and the connected statements including copies of the Trading and profit and Loss Account, and the Balance sheet. This record should be kept for 20 years. (c) Cover for income-tax assessment records (I.T.40)--- In this should be kept the several statutory orders, (II.T.88), assessment/ refund from (I.T.30), orders of the appellate and higher authorities orders under section 33A, penalty orders, together with the Inspecting Joint Commissioner's approval in respect of penalty or prosecution, etc., etc. Extracts from the Inspection Notes relating to the particular case should also be placed under this cover. This record should be preserved for twenty years. (d) Cover for Permanent Notes (I.T.111). --- All papers containing information of a permanent nature should be filed under this cover. It should, in particular, contain the following documents:- (1) A copy of any one assessment order, with other relevant records, made under the Income Tax Act, 1922. (2) Depreciation record (I.T.46,46A). (3) Any important ruling of an appellate or other authority, if it is applicable for more than one year. (4) A historical note. (The nature of the business, goods dealt with branches, changes in the type of business done, changes in the number of branches). 18 (5) In the case of a firm. --The partnership deed, changes in the constitution of the firm, shares of partners, etc. (6) In the case of a private company.-- The names and addresses of the Directors and other shareholders, their respective holdings, etc. (7) In the case of a public company.- (a) Memorandum and Articles of Association. (b) The names and holdings of persons who have a controlling interest in the company. (c) The names of any connected companies or businesses and their relationship with the assessee. (d) Particulars of Provident fund, if any, whether recognized or not. (e) Copies of suspense or reserve accounts showing to what extents they have been disallowed. (f) Any important questions of law or accounts and decisions thereon. 8. In the case of a Hindu undivided family.- partition deed of the Hindu undivided family.- This cover should so contain any other information, which is of a permanent value, such as: (i) Whether the assessee deals in investments. (ii) Whether the asessee has at any time been assessed under section 23(4), if so, the nature of the penal action taken. Apart from these four cover which contain the usual record, another confidential file is generally kept in important cases which contains the following papers: (1) Papers, notes, etc., which may have a bearing on future assessments. (a) Depositions of witnesses examined privately, papers which would disclose the source of 19 information which the Deputy Commissioner of Taxes does not wish to disclose. (b) Instructions and comments from the Board, Commissioner of Taxes and Inspecting Joint Commissioner of Taxes. All Correspondence and notes of discussions between the Deputy Commissioner of Taxes and his superior officers should be kept in this confidential life. The Deputy Commissioner of Taxes should take care that no entire relation to non statutory consultations with hither authorities (e.g., submission of a draft assessment order to the Inspecting Joint Commissioner of Taxes for approval are made on the order sheet in the Miscellaneous Record (I.T. 38). A separate order sheet should be placed in this confidential file for making the usual entries. This file should in no case accompany the records either to the Appellate joint Commissioner or the Tribunal. In the case of appeal, this file should be retained by the Deputy Commissioner of Taxes and if necessary .sent separately to the Departmental Representative for his guidance' or for supporting the Department ‘ s case, etc Depreciation record (I.T.45and IT.46A).In 1939, the written down value basis was adoptee of the original cost (‘straight line’) basis for calculating depreciation allowance, in all cases except the ocean -going steamers and motor vessels. A new form (I.T.46-A) was introduced .The entries in the form should be made by the Deputy Commissioner of Taxes in his own hand and the form kept in the permanent record cover (I.T.lll). Certificate allowing deduction of a tax at a rate lower than the maximum rate (I.T.33). Certificates given to persons desirous of securing deduction of income-tax at source at a rate lower than the maximum rate on interest received on securities are contained in books in form I.T. 33. Such a certificate could be given only after a return of income has been filed by the person in question. When such certificates are given, the names of the persons in question should be entered in red ink in a separate part of the General Index Register and the Deputy Commissioner of Taxes should review the cases every year and decide whether or not to issue a 20 form calling for a return of income in that year. If he decides to call for a return, the number in column I of the year concerned will be entered in the manner already described. Where he decides not to issue any form, he should enter the letter ''R'' (review) in red ink in the same column under his dated initials. Certificates under the first proviso to Section 18 (3-A) of the Act are issued on form I.T. 33-A. Returns under section 21 of the Income -tax Act (I.T.4).-(1) These returns are furnished annually by the employers both Government and private in July in respect of the preceding financial year. Full particulars regarding salaries, etc., paid. tax deducted at source and the period to which they pertain are noted in the return. It is very important to check these returns when they are received, the record keeper should note the General Index Number against the name of the existing assessees and place the relevant extracts of the return of the file of the assessees concerned. If the assessees has no income from any source other than salary and the tax deducted at source is correct, he need not issue any notice at all and such cases should be filed. The Deputy Commissioner of Taxes should, however, issue notice under section 22(2) in such cases every three years to see if the assessee has acquired any asset, income from which is liable to tax. In the case of existing assessees who have no income except that under the head “Salaries”, the notice under section 22(2) should be issued only when the tax deducted at source is found short. Where a refund is due to an assessee as a result of excess deduction of tax at source he should be informed of the fact and a refund application form together with a form of return of income (I.T.11) sent to him. In the case of persons, who are not on the General Index Register and whose income exceeds the minimum amount not liable to tax, the Deputy Commissioners of Taxes should issue notice under section 22(2) of the Incometax Act even if the tax deducted at source is correct. This will enable him to find out whether the assessee has any income other than salary. The Deputy Commissioner of Taxes should pay due regard to the verification of these returns as indicated above, as this is the only way in which he can discover new assessees from section 21 returns. (2) If the name of an assessee has been omitted from I.T.4, a memorandum of enquiry should be addresses in form .I.T.5. (3) Reminded to remit the Income -tax collected on the salaries paid to the employees should be given to the employer in form I.T.6. (4) Section 21 Return Resister should be kept in the following form:- 21 Serial No. Name of the employer 1 2 Date of issue of section 21 return form 3 Date of Receipt Remarks 4 5 (5) If section 21 return is not submitted by an employer by the 15th of September in any year, the matter should be brought to the notice of the Commissioner of Taxes concerned. (6) I.T.2-A- This form is a monthly statement showing the figures of salary paid and the tax deducted there from, every month, in respect of all persons in by the Deputy Commissioner of Taxes in charge of private salaries cases as an when required by the employers, namely the companies, firms association of persons and local authorities etc. The Principal Officer or the person responsible for making payment of salary etc., has to submit the form to the Deputy Commissioner of Taxes duly completed and signed by him. It provides a proper check whether tax is being correctly deducted at source and whether the tax thus deducted is being properly paid into the Treasury/Bangladesh Bank. The columns of this form are self-explanatory. The form provides for progressive totals of both salary and tax paid and as such the statement for the last month of the financial year, i.e., June in fact serves the purpose of the return in form I.T.4. The progressive totals in this form for the month of March should tally with those given in form I.T.4. (7) Form I.T.48.-- In the case of Government servants, the Treasury Officer, Accountants-General and other disbursing officers maintain salary register in I.T. 48, which are sent to the Deputy Commissioner of Taxes, Salaries Circle, along with the return under section 21 (I.T.4). When forms I.T.48 are sent, the form I.T. 4 need not be filled in and a remark that the necessary particulars have been furnished in the Salary Register forms (I.T.48) attached may be made across the form. (8) Form I.T.4.-- When in consequence of transfer within a financial year, an officer passes from the jurisdiction of one Treasury Officer (or disbursing officer) to the jurisdiction of another Treasury Officer of disbursing Officer), a copy of form I.T.48 Showing figures up to the last 22 payment in the treasury (or in the disbursing office), should be sent with the last pay certificate to the new treasury Officer (or disbursing officer ) Who would continue to make further entries there in up to the end of the financial year. Forward Diary.-- This Diary provides an effective control of the Deputy Commissioner of Taxes over each file from the start of the assessment proceedings up to the realization of the demand. Forward Diary is to be maintained in the form of a handy register. One page should be allotted for each date, there being sufficient number of pages to last for one year. Each page of the diary should be sub-divided into four columns as under:- 𝑅𝑒𝑡𝑢𝑟𝑛, (1) 𝐴𝑠𝑠𝑠𝑒𝑒𝑚𝑒𝑛𝑡, (2) 𝐶𝑜𝑙𝑙𝑒𝑐𝑡𝑖𝑜𝑛. (3) 𝑀𝑖𝑠𝑐𝑒𝑙𝑙𝑎𝑛𝑒𝑜𝑢𝑠 . (4) The entries in four columns should be made in following manner:--- Column I-Return .----- This column helps the Deputy Commissioner of Taxes to watch whether the Returns are filed in time and if not, whether he should take action under section 23 (4) of the Income-tax Act. For instance, if a notice u/s 22/2 is issued on the 5th of October, the return becomes due on the 9th of November. Allowing, a margin of 10 days for the time taken for the service of notice etc., the case should be posted on the 19th of November in the Forward Diary. This should be done by writing the G.I.R. Number of the case in the Return column of the Forward Diary on the 19th of November. If instead on the Return, a petition for time is filed and the Deputy Commissioner of Taxes grants, say, one month's time, the case should be posted in the Diary on the 9th December. If the records put up on that date show that return has been filed, a notice under section 23(2) and /or 22(4) has to be issued. If no return is filed, the Deputy Commissioner of Taxes may decide to complete the assessment under section 23(4). If all cases in which a notice under section 22 is issued are posted in the Forward Diary in this manner, no case will be missed and proper action will be taken on the submission or non submission of the returns on due dates as required by law. 23 Column 2--- Assessment.-- The G.I.R. numbers of the files should be noted in this column on the dates fixed for compliance of notices under section 22(4), 23(2), etc., in the course of the assessment proceedings. The files fixed for each date should be put up to the Deputy Commissioner of Taxes who would examine the accounts, etc., and complete the assessment. If an adjournment is allowed on any date, the case should be entered again on the date to which the case has been adjourned and put up to the Deputy Commissioner of Taxes on that date. Entries made in this manner would ensure that no case is lost sight of in which assessment proceedings have one been started. Column 3-- Collections.-- The main object of a Deputy Commissioner of Taxes work is to make timely and cent per cent collections of the demand. But this object is seldom achieved now- a days by any Deputy Commissioner of Taxes mainly due to lack of proper action on his part in the matter of realization of tax. This column of the Forward Diary is meant for helping the Deputy Commissioners of Taxes to take timely action in all cases in which demands have fallen into arrears. If an assessment is completed on, say the 5th of June and the date fixed for the payment of the demand is the 5th of July, the case should be noted in this column of the Forward Diary after 10 days from the due date of payment i.e., the 15th of July for checking whether payment has been made or not. The margin of 10 days should be allowed for the office portion of the chalan to be received in the office of the Deputy Commissioner of Taxes and entries regarding payment being made in the Daily Collections Register. Demand and Collections Register, and the order sheet before the file is put up before the Deputy Commissioner of Taxes. If the payment is made, the case goes off the Forward Diary; otherwise the Deputy Commissioner of Taxes should impose a penalty and ask the assessee to pay the demand together with the penalty say, by the 5th of August, the case being again posted in the Forward Diary on the 15 of August for checking the payment. If payment is still not made and the imposition of a second penalty is considered desirable, this should be done and the assessee asked to pay the entire demand (the tax as well as the penalty ), say, by the 5th September, the case being posted this time in the Forward Diary on the 15th of September for checking the payment. If payment is made, the demand is satisfied, otherwise a penalty may be imposed for the third time and the case similarly posted in the Forward Diary ten days after the date fixed for payment. If the demand still remains unpaid, action under section 46(3) or 46(5A) should be taken and the result thereof watched through 24 the Forward Diary. In some cases, these steps might also prove abortive and the Deputy Commissioner of Taxes may be forced to take action under section 46(2) or 46A. of Income-Tax Act. After this has been done and the Deputy Commissioners of Taxes has furnished all particulars of the defaulter's property to the Certificate Officer or Tax Recovery Officer, he should go on reminding the Certificate Officer or Tax Recovery Officer once every fortnight through the Forward Diary until the demand is realized. If the assessees who are in default are pursued relentlessly in this manner, no realizable demand can remain uncollected for long. The Deputy Commissioner of Taxes should, therefore, make use of the Forward Diary in the manner described above to achieve cent per cent realization of the demand within the year in all cases. Column 4---Miscellaneous.-- This column is meant for proceedings of miscellaneous nature not connected with the assessment of or the collection of tax from the assessee himself. For instance, if after the completion of the assessment and realization of tax due from an assessee, a requisition is received from another Deputy Commissioner of Taxes for the verification of certain information, or the supply to him of extracts of personal accounts of certain person from the account book of a particular assessee, the Deputy Commissioner of Taxes has to call for the information from the assessee. For this purpose a date should be fixed and the case posted in the Miscellaneous Column of the Forward Diary on this date so that the file may be put up on the due date and the information forwarded to the Deputy Commissioner of Taxes concerned without delay. This column should also be utilised for timely submission of reports and records in connection with appeals and for all other miscellaneous proceedings. It would be clear from the above that if the Forward Diary is maintained regularly and systematically, the Deputy Commissioner of Taxes will have complete control of all the files and case can be lost sight of at any stage. The Deputy Commissioner of Taxes should test from time to time the accuracy and completeness of the entries made in the Froward Diary to ensure that all cases which were to be entered in the Forward Diary have been duly posted on the relevant dates. Submission of Penalty Cases under Section 28 to the Inspecting Joint Commissioner. Under sub-section (6) of Section 28 of the Act, the Inspecting Joint Commissioner of Taxes is vested with the statutory power of approving the imposition of penalties by the Deputy 25 Commissioner of Taxes. In case falling under clause (c) of sub-section (1) of section 28, a report to the I.J.C. should be submitted along with a proforma showing particulars:-- 1. G.I.R. No....................................................................................................................................................... 2. Circle.......................................................................................................................................................... 3. D.C.T. .......................................................................................................................................................... 4. Name of examiner, if any ........................................................................................................................... 5. Name of the assessee ................................................................................................................................. 6. I.J.C. ........................................................................................................................................................ 7. Address of the assessee ............................................................................................................................ 8. Business .................................................................................................................................................... 9. Status ......................................................................................................................................................... 10. Year of assessment involved ...................................................................................................................... 11. Nature of offence .................................................................................................................................... 12. Section of the Income-tax Act under which penalty can be imposed..................................................... 26 13. Section of the penal Code under which the penalty can be imposed......................................................... 14. Maximum penalty which can be imposed............................................................................................... 15. Brief history of the case by whom accounts, if any, were prepared and drawn up……………………………….. 16. Origin of investigation ............................................................................................................................. 17. State in tabular form if more than one year is involved showing the income returned: the income assessed,, the correct income as now ascertained, the tax payable and tax evaded or sought to be evaded .. .. .. . .. ..... Year Income returned Income assessed Correct income Tax evaded or sought to be evaded. 19.....19 Taka........................ Taka................ Taka.................. I.T. S.T. 18. Were all returns and statements properly verified, if not, give full particulars of errors and omissions . . 19. What was the offence? .. .. .. .. ........................ 20. What is the evidence upon the basis of which it is now alleged that he had committed the offence? . . . . . . . . . .. 21. Is the evidence tainted owing to the employment of improper means?. . .. 22. Does the assessee admit his guilt is in writing ? .. .. .. .. .. ............... .............. 23. Has the assessee given every assistance to the D.C.T. in the course of investigation? . . . . . . . . . . . . . . 27 24. Are certificates, balance sheets and profit and loss accounts furnished every year? .............. 25. Has the assessee expressed in writing his desire to have the offence compounded u/s 53 ?. . . . . . . . . . . 26. What are the prospects of successful prosecutions? 27. Whether the books have been detained? .. .. .. .. .. .. .............. .............. Although under the Income-tax Act, the Inspecting Joint Commissioner is the statutory authority for approving the imposition of penalty by the Deputy Commissioner of Taxes in order to ensure uniformity in larger cases the departmental practice is that the Inspecting Joint Commissioner has to send cases in which loss of revenue either in one year or over a number of years exceeds, is 10,000 to the National Board of Revenue, Dacca for central scrutiny, through the Commissioner of Taxes. CHAPTER II ASSESSMENT AND COLLECTION OF TAX UNDER SECTION 23B OF THE INCOME TAX ACT. 29. This section was inserted in 1949. 28 In several cases the completion of an assessment is very much delayed on account of the delaying tactics employed by an assessee or due to the protracted enquiries, which sometimes become necessary for making a correct assessment. Not only is the Deputy Commissioner of Taxes prevented from making assessment in such cases for a long time but interest has also unnecessarily to be allowed on the advance payments made under sections 18A. Section 23B empowers the Deputy Commissioner of Taxes to make provisional assessment in any case, before making the regular assessment, on after basis of return of income and accounts and documents accompanying it after giving effect to (i) the allowance referred to in paragraph (b) of the proviso to clause (vi) of sub-section 10, and (ii) any loss carried toward under sub-section (2) of section 24. The section applies to all returns Whether furnished under sections 22(1) , 22(2) or under section 34 read with section 22(2) in respect of any year. While making the provisional assessment under section 23B, the advance payment of tax under section 18A, if any, should be adjusted against the demand so created. There is no right of appeal against provisional assessment. But a provisional assessment does not in any way prejudice the determination of any issue when the regular assessment comes to be made. The tax assessed provisionally, if not paid within time, is recoverable under section 46 of the Act. Any tax paid towards provisional assessment is deemed to have been paid towards regular assessment and credit for the same is allowed in the regular assessment. If the tax paid provisionally exceeds the tax found to be payable on the regular assessment, the excess is refundable to the assessee. Refund of interest whether payable by the Government to the assessee or payable by the assessee to the Government under section 18A should not be made at the time of provisional assessment but only when the regular assessment is completed. Similarly no refund should be allowed if the advance tax paid under section 18A is found to be in excess of the demand created on provisional assessment. The question whether advance tax paid by the assessee is in excess of the demand due from him or not can be decided only on the conclusion of the regular 29 assessment and consequently no refund should be allowed to the assessee until after the regular assessment. No interest on the amount deposited under section 18A is, however, payable to the assessee from the date of the completion of the provisional assessment to the date of the completion of the regular assessment. The following forms are used in the working of this section:-(1) I.T. 30 (Assessment Form) in the same way as in the regular assessment (2) I. T. 31 (Chalan Form) in the same way as in the regular assessment, (3) I. T. 15A in the same way as in the regular assessment. (4) I. T. 15B (Notice of Demand). This is a special form and is used exclusively for provisional assessments under section under 23B. Provisional assessments should be entered in the same Demand and collection Register as is maintained for regular assessments but to distinguish such (i.e. provisional) assessment from a regular assessment the next preceding serial number should be repeated with the suffix 'A' ADVANCE PAYMENT OF TAX UNDER SECTION 18-A OF INCOME TAX ACT Introductory.-- Section 18A was inserted in 1944. This section enables the Deputy Commissioner of Taxes to collect advance tax from assessees whose total income exceeds Tk.20,000 on the 30 "pay as you earn" principle . The advance tax is normally payable in four equal installments due on the 15th September, 15th December, 15th March, and the 15th June. This advance payment is adjusted towards the demand created on provisional assessment under section 23B or on regular assessment under section 23, whichever is made earlier, interest at the rate of two per cent. being allowed on the amount of advance payment from the date of the payment up to the date of the provisional or regular assessment, as the case may be. Interest at the rate of 10% per annum being allowed on the advance payment of tax which exceeds the amount of tax determined from the 1st day of April in the year in which tax was paid up to the date of assessment under section 23 or a period of two years from the 1st day of April in which the tax was paid, whichever is earlier. A miscellaneous file (I. T. 38) Should be started separately for each year with and order sheet. (I.T. 39) in which orders relating to the assessment, miscellaneous correspondence, petitions for time for payment of advance tax, the amount paid and the dates of payment, etc., etc., noted . A separate demand and collection register (I.T.134) has been prescribed for entering cases under section 18A. Collections made, should be posted first in the Daily Collections Register (I. T.134).The chalans should be placed in the miscellaneous file (I.T. 38) with a note in the order sheet about the payment of tax giving the number, date and the amount of the chalan. When provisional or regular assessment is made, form, I.T 140 should be issued for adjustment of the advance tax towards the demand created. If on making the regular assessment, it is noticed that an excess collection had been made under section 18A and there is no other demand against which it can be adjusted, the excess should be refunded. Necessary entries should be made in the Demand and Collection Register in the appropriate columns about the amount adjusted towards demand and /or refunded on account of excess collection. If any assessee does not pay on the specified date any installments of tax that he is required to pay under sub-section (1) of section 18A and does not, before the date on which any such installment as is not paid becomes due, send under sub-section (2) of the said section and an estimate or a revised estimate of the tax payable by him, he shall be deemed to be an assessee in default in respect of such installment or installments. Where an assessee has sent under sub- 31 section (2) or sub-section (1) of the said section an estimate or a revised estimates of the tax payable by him, but does not pay any installment in accordance there with on the date or dates specified in sub-section (1) of the said section he shall be deemed to be an assessee in default in respect of such installment or installments. Accordingly action under section 45 (1) of the I.T. Act., 1922 for effective and speedy collection should be promptly taken and the collection proceedings pursued through the forward Dairy. The following defects which have been found to be common should be avoided;-- (1) Action under section 18A (1) is not taken sometimes all cases in which it is due. In order that no case is missed, a register (I.T. 134) of actionable cases under section 18A as described above should be maintained. (2) Estimates filed by the assessees are not properly attended to. Sometimes they are not recorded in the demand and collection registers (I.T.134) (3) Action under section 46(1) or 46(2) is seldom taken to expedite recovery. The collection of the tax payable should be watched through the Froward Dairy. (4) Sufficient care is not taken to charge penal interest where leviable. (5) Penalties under section 28(1b) are not levied in all suitable cases including cases of assessees who have not paid advance tax under section 18A on the basis of their own estimates or those who have deliberately furnished untrue estimates. (6) Adjustment memos. to the Treasury are not issued in some cases and in most cases a record regarding the issue of adjustment memos is not kept in the Demand and Collection Register. 32 CHAPTER IV INCOME TAX REFUNDS 30. Prompt disposal of refund claims is a special responsibility of the Deputy Commissioner of Taxes. He should not hesitate to take the initiative wherever proceedings or other particular before him indicate that a refund is due to an assessee. The Deputy Commissioner of Taxes should act on the principle than it is the duty of the department to assist the tax-payer in every reasonable way, particularly in the matter of claiming and obtaining 33 refunds and reliefs. This attitude benefits the revenue, since it inspires confidence and convinces the assesses of the fair-mindedness of the Department. Although statutorily the responsibility for claiming refunds and reliefs rests with the assessee, a Deputy Commissioner of Taxes should not hesitate to draw the attention of the assessees to any refunds or reliefs which they might have omitted to claim and he should freely advice assessees when approached by them as to their rights and liabilities and as to the methods of claiming refunds and reliefs. Attitude of the Department-- The following examples (which are by no means exhaustive) indicate the attitude which officers should adopt:-- (a) Section 18(3) of the Act.-- The officer should in all appropriate case bring to the assessee's notice the possibility of obtaining a certificate authorising deduction at a rate lower than the maximum. (b) Section 25 (3) and (4) of the Act. --- When an officer is dealing with an assessment under either of these sub-sections, he should bring to the assessee's notice the fact that he can claim relief. (c) Section 25 (3) of the Act.—Mistakes should be rectified as soon as they are discovered and without waiting for the assessee to point them out. (d) Section 60 (2) of the Act.-- Cases where relief can be given under this sub-section, should be reported to the Board promptly. Advice to the assessees.---- While officers should, when requested, freely advise the assessees as to the way in which entries should be made in the various forms, they should not themselves make any entry in these forms on assessee's behalf, and where such advice is given, it should be clearly explained to the assessee that he is responsible for the entries made in the form signed by him and that he cannot be allowed to plead that they were made under official instructions. 34 Speedy disposal of refund cases .--- In order to achieve the speedy disposal of the refund cases the Deputy Commissioner of Taxes should observe the following procedure:-- Refunds as a result of Appeal.-- A refund due to an assessee cannot, under the law, be held up even when the department decide to make an appeal to a higher authority against the appellate decision. The law entitles the assessees to the payment of are fund ordered by the appellate authority . But if the amount of the refund so ordered can be set off against other arrears of tax due from the assessee, the law also permits the set off. If it cannot be so set off, it has to be refunded. If later year's assessments are pending and the assessee has no objection, the Deputy Commissioner of Taxes may delay the issue /adjustment of refund till pending assessments are completed. If the assessee does not agree and the Deputy Commissioner of Taxes is doubtful about his being able to collect the tax to be sub-subsequently levied, it is up to him to dispose of the sub sequent assessments as quickly as possible so that the refund may be adjusted without delay. The adjustment of refund should be made in form. I.T .104. The acknowledgment of the Treasury Officer should be placed in the miscellaneous file of the assessee concerned after making necessary entries in the register of daily refunds (I.T. 44-A) and the register of daily collections (I.T.44) Direct Application for Refunds-- A separate register should be maintained for direct applications for refund, the applications being entered serially in the order of the date of receipt. The Deputy Commissioner of Taxes should dispose of refund application in strict order of the date of their receipts. 35 36 A Refund Claims Register should be maintained in the following form:-REFUND CLANS- REGISTER Amount of Refund Serial No 1 Date of receipt of application 2 Name and address of refundee G.I.R. No. Date of disposal No. of D&C. Register Date of dispatch Of Advice Note (I.T.32A) 3 4 5 6 7 Date of receipt of office copy of Advice Note from Treasury etc. 8 Income tax Tatal Remark. super-tax I.T Sc.on I.T. I.T Sc.on I.T. 9 10 11 12 13 14 81 The refund will be granted on the refund voucher form I.T.32 Refund voucher for T.K.5,000 and over should be issued with the prior approval of the Inspection Joint Commissioner of Taxes concerned. Each order for refund with reference of Income -tax contains the following three certificate: '' CERTIFIED that with reference to the assessment record of ---------------------------------------------------------------------------------------------for the year -----------------------------------------------------------------------------------------------------------------No --------------------------------------------a refund of TK. (a) ------------------------------------is due to. (2) CERTIFIED that the tax concerning which this refund is given has been credited in the treasury. (3) CERTIFIED that no refund order regarding the sum now in question has previously been granted and this order of refund has been entered in the original file of assessment under my signature.'' Before granting the refund the Deputy Commissioner of Taxes must satisfy himself regarding these certificates. The first certificate requires a reference to the assessment records which should be maintained for each person before a refund is given, even if he is not otherwise liable to the tax. The second certificate will be given alter reference to (a) the entries in the register of demand and collection be given alter reference to(a) the entries in the register of demand and collection in which payments are noted after the return of Income -tax portion of the chalan. (b) the certificates issued under section 18(9) or section 20 of the Income -tax Act or (c) the salary register, or the annual returns prescribed under section 21 of the Act. The third certificate involves the examination of the case regarding '' the records of refunds in the assessment form (I.T.30) The entries responsibility for granting a refund is that of the Deputy Commissioner of Taxes and it is 82 a part of the duties of an Inspecting Officer to see that the refunds have been and are being properly made. Each order of refund is numbered serially and it should be stamped with the stamp of the office of issue . The month and the date of issue should be carefully written. The month and date of issue should also be written in words 38. Custody of refund vouchers book.- The books of refund vouchers (whether or not in use) should remain in the personal custody of the Deputy Commissioner of Taxes who should intimate to the Treasure Officer, Sub-Treasury Officer of the Branch of the Bangladesh Bank, as the case may be, the number of the book which he is using. In the case of special Circles having jurisdiction over assessees of more than one District the number of the book brought into use should be notified to the Accountant -General. There should ordinarily be only one refund order book for Treasuries or Sub-Treasuries in a District or Circle, but the Commissioner of Taxes may at his discretion authorize the Deputy Commissioner of Taxes use separate refund order books for each Circle. The refunds granted by Deputy Commissioner of Taxes are not subject to any audit by the accounts Department. All vouchers which have been issued since the Date of the last inspection should therefore be checked by the Inspecting Joint Commissioner ; and the Commissioner of Taxes should satisfy himself during his tour or inspection that the Inspecting Joint Commissioner has attended to this important part of his work carefully. Cancellation of the certificate of deduction of tax.------ When a refund has been given to an assesses on the production of certificates of deduction of Income -tax issued under section 18(9) or section 20A of the Income -tax Act, the latter should be cancelled under the signature or initials of the Deputy Commissioner of Taxes . They should be kept in the miscellaneous file relating to the assessee and returned only when an assessee requires hem in connection with double Income-tax relief. Before they are returned, they should be cancelled and certified copies thereof kept in the miscellaneous file. If they are returned before the claim for refund is disposed of, a note should be made to this effect in the order sheet. 83 41. Advice Note.-- Simultaneously with the issue of a refund voucher the appropriate entry should be made in the ''records of a refund'' in the assessment form (I.T.30 ) and an advice note (I.T.32A) sent to the bank or the treasury concerned in duplicate. The object of advice note is to prevent the assessee from fraudulently altering the figures in the refund order and also tenable the Deputy Commissioner of Taxes to know the date on which the refund vouchers has been casted. One copy of the advice note will be returned by the Bank or the Treasury to the Deputy Commissioner of Taxes duly signed and stamped showing the date on which it was cashed. This copy of the advice note should be pasted on the back of the counterfoil of the refund order as proof of payment. Care should be taken to compare the advice note on its return from the Bank Treasury with the counterfoil of the refund order book. The Deputy Commissioner of Taxes should initial the returned advice note in token of his having checked it not only with the counterfoil, but also with the details in the monthly statement of refunds sent by the Treasury or Bank. This work must be undertaken at the end of every month. When the monthly verification of collections and refunds with the Treasury or Bank is being done. Encashment of refund vouchers.--- The refund voucher should ordinarily be made payable within the Circle in which it is issued, the place of payment a Sub-Treasury or the Treasury of the district, unless there is a branch of the Bangladesh Bank in the district, in which case, the voucher will be made payable there. But if, for particular reasons, the voucher is to be sent to another district, the Sub-Treasury Officer, the Treasury Officer of the district or the Branch of the Bangladesh Bank, where the voucher is made payable, should be informed by Deputy Commissioner of Taxes. In the case of special Circles having jurisdiction over, more than one district, the voucher can be cashed in any Sub-Treasury, Branch of the Bangladesh Bank situated within that Circle. Verification of refund vouchers with the Treasury.-- The encashment of refund vouchers issued as payable in a district within an Income-tax Circle will be verified by the Treasury Officers at fixed intervals of not more than one month as may be arranged with Deputy Commissioner of Taxes. Where a voucher is issued as payable in a district other 84 than comprised in a circle, the fact of payment will be notified to the Deputy Commissioner of Taxes. Refund by money order.--- Where a refund is paid by money order the Deputy Commissioner of Taxes will show t he amount found to be due for refund in the first certificate of the voucher but will pass for payment a sum representing the amount due for refund plus the amount of money order commission . For instance, if the refund were for a sum of TK. 25.the entry in item 4 of refund voucher would be “Passed for payment of taka twenty-five and paisa forty-five`` as above, plus paisa forty-five money order commission. The voucher will be sent to the Treasury Officer with the money order form filed up with the request for the issue of the money order in the ordinary course. The appropriate details should be entered on the counterfoil of the refund voucher. The sum passed for payment will be shown by the Treasury Officer under the head ''Refund in the Treasury accounts''. The money order receipts issued by the post offices should be forwarded by the Treasury Officer to the Deputy Commissioner of Taxes, who will attach it to the counterfoil of the refund voucher. Payees’ acknowledgement will be kept by the Treasury Office for audit purposes, or where the Bangladesh Bank is the remitter, it will be sent to the Accountant General with the paid refund voucher. Cheque book for refund vouchers.-- In addition to above, the Deputy Commissioner of Taxes have been authorized to draw on Treasuries and Sub-Treasuries with view to facilitate the payment of refunds by money orders. Such Deputy Commissioner of Taxes as may require cheque books for the purpose should obtain their supplies from the Treasuries with which they deal. 85 Accounting procedure.-- As regards accounting procedure, the refunds, allowed by a Deputy Commissioner of Taxes will ordinarily fall under the following categories;--- (1) Income Tax. (2) Super Tax. (3) Corporation Tax. (4) Sur charge. The refunds of Income - tax and Super-tax Collected from the Central (Federal emoluments require to be booked in Government accounts separately from those of the tax collected from income from other sources for the purpose of certification by the Auditor- General of the net proceeds of Income tax. It is, therefore, necessary that each Deputy Commissioner of Taxes should submit monthly to his Accounts Officer a classified account of the refund made by him by cheques during the month. This account is submitted in form I.T.-7. This form is self-explanatory and the foot-notes given at the bottom of the form contain detailed instructions. To facilitate the preparation of the monthly account, each Deputy Commissioner of Taxes should maintain a statement in form I.T.-8 and as soon a cheque is issued the transaction should be recorder in it. He should also furnish to the Accounts Officer concerned with his monthly account a list of cheques issued by him during the month .If in any case the money order is returned by the post office undelivered, its amount should at once be taken to the Cash Book as an item of receipt and remitted to the Treasury. For the purpose of monthly verification of cheques of cheques issued, cashed and the cash returned to the treasury (in case the money-order is returned undelivered) monthly schedules should be prepared in form.I.T.9. 86 Payment of refund to non-resident.- According to paragraph 10 of Appendix 5 to the Treasury Rules (volume II), if a refund under section 48 or under section 49A of Income Tax Act is due to an assessee, who is not resident in Bangladesh it has to be remitted to him direct by a bank draft or money order at his cost, unless he appoints an agent to receive the payment in Bangladesh . The Board has decided that in such cases the refund should only be paid in Bangladesh currency to the beneficiaries’ accounts in Bangladesh and that it should be left to them to obtain remittance abroad under the Exchange Control Regulations. Payment of refund to evacuees.--- Any refundable amount of tax due to an evacuee is properly within the meaning of section 2(5) of the Pakistan Administration of the Evacuee property Ordinance, 1949 as adapted in Bangladesh and meaning of section 2(3) of the Ordinance and consequently it vests in the Custodian under section 6 of the Ordinance. Payment of any such amount should, therefore, be made to the Custodian under section 11 of the Ordinance and not to the evacuee. There is, however, no objection to the adjustments of refund of tax of one year against the demand of a preceding or succeeding year, or years, as the case may be. Issue of a duplicate refund voucher.-- When a duplicate voucher is asked for because the period of the original voucher has expired, the original should be cancelled by the Deputy Commissioner of Taxes and attached to its counterfoil. A new voucher should then be issued, necessary cross references being made in the counterfoils of both vouchers. When a duplicate voucher is asked for on the ground that the original has been lost, the duplicate will not be issued until the period of the original voucher has expired and until the Deputy Commissioner of Taxes has satisfied himself that it has not been cashed and has stopped payment of it at the Treasury Brunch on which issued . Payments of refund by short deduction of tax on next pay or salary bills.-- In the 87 case Special Salary Circles , when a refund is due to person in receipt of salary which is being taxed at source, the Deputy Commissioner of Taxes may, if convenient to the assessee e.g., in the case of railway servants in receipt of small pay who have no bank account, refund the amount by adjustment , i.e., by authorizing short payments of the tax due on the next salary or pay bill or bills. Where this procedure is adopted the fact of the deduction should be noted in the monthly invoice of Income-tax deductions. Refunds to non- residents.---- Applications for refund of Income tax from nonresidents are dealt with by the Deputy Commissioner of Taxes, Exemptions and Refunds Circle. Refunds in case of a religious or charitable institution .--- In the case of claims for refund by religious or charitable institutions in respect of income falling under section 4(3) (i) or 4(3) (ii) the requirements of rule 36 or 36A in respect of a form of application and of rule 37 in respect of return of total income and total world income may be dispensed with, where it is evident that the institution has no income chargeable under the Act. [The provision of this paragraph is not applicable after the amendment in section 49B in the year 1960.] Procedure in case of payment or refund to purdahnashin ladies, etc. --In some cases the persons to whom the refund order are made payable find it inconvenient to appear in persons at the Treasury. This is particularly so in the case of purdahnashin ladies. The following instructions should help to obviate this difficulty:-- Where any person expresses a desire that the refund order should be made payable to somebody else, the Deputy Commissioner of Taxes should obtain from the refundee, concerned an authority in writing to that effect specifying the name and address of the person to whom the amount is to be paid. Before complying with the request of the 88 refund, the Deputy Commissioner of Taxes should compare the signature in the letter of authority with that in the refund application and the return of income and satisfy himself that it is that of the refundee concerned. Suppose Mrs. A is the refundee and Mr. B is the person to whom she wants the refund to be paid the refund order form should be filled up as follows:- The first certificate in the refund form should contain the name and address of Mrs. A, the assessment year for which the refund is due, No. of the file and the amount of the refund .The fourth para. In the refund order form should however show the name not of Mr. A bu Mr.B and the words ''authorizes by Mrs. A'' when sending the advice of the refund in form I.T.-32A to the Treasury Officer, the same procedure should be followed i.e., after the name of Mr. B the words ''authorized by Mrs. A to receive the amount '' should be added. Payment of refund through Bangladesh Bank -- It might be possible, particularly in places where there are branches of the Bangladesh Bank, that the refund may desire that the amount should be paid through the Bank and not through any particular Treasury. Where such requests are made by refundees, should be granted without hesitation by Deputy Commissioner of Taxes. 89 CHAPTER V SURVEY WORK This can be divided broadly under two heads:(1) Outdoor Survey. (2) Internal Survey. Outdoor Survey work is one to the most important methods of tracing out new assessees and may be broadly classified into three types:- (i) House to house survey. (ii) General survey of commercial localities, (iii) Vocal inquiries on the spot in particular cases. Form of Outdoor Survey Register.—Form, I.T. 54 has been prescribed for this purpose. It should be bound into a handy register for each town, village or main stree. For systematic survey work the following procedure should be follows:- Survey programme.--- An annual survey programme should be draw up in the beginning of each financial year and submitted to the Inspecting Joint Commissioner for approval. This should be done both for the circles, where there is a separate whole- 90 time survey staff and the circles, where the survey is to be carried out by the ordinary staff during the slack season from July to Sept. every year. The programme should be so arranged that, as far as possible the important commercial areas in a circle are surveyed every year and the less important ones at least once in very three years. This would enable action under section 34 to be taken for the preceding years in any new case discovered during the survey. 2. The I.J. C. should exercise ample discretion in selecting the important areas which require a systematic survey and un-important areas, where detailed survey is not necessary. House to House Survey.--- In important circles where property yields good rental value, it will be necessary to make a house to house survey. In such cities, there will invariable be available municipal assessment register of property. These registers are kept streetswise or wardswise and contain particulars of the owner and the rental value of property. (The municipalities seldom prepare a consolidated list of property owned by each proprietor). Where there exist Municipal registers --of property, the first step is that column (1) to (3) and (5) of the survey form should be completed by coping out entries from those register. For shops of houses of small rental value not more than four to five entries may be made in each page, but where the rental value is high enough (say TK.800 in the case of a shop and TK. 500 in the case of residential property to indicate that the occupier is likely to have taxable income, one or two entries should be made on each page. This would permit the same registers being used in the revision of the survey the following year, provided there are not many changes amongst the occupants. It also enable further information about the same assessee obtained subsequent years being noted for each year below the previous ones. Where all the houses in a whole street in a poor locality are known to belong to the occupiers whose income is clearly well below TK. 3,000 this should be indicated clearly full details of property need not be inserted in the register. It is the Deputy Commissioner of Taxes or the Survey Inspector, who should specify the name of the localities for which full details of property need not be obtained. 91 2. The clerk concerned should fill up column (6) regarding G.I.R. No of the owner if he is assessed in that circle. In the case of a well-known branch concern, columns (8) and (9) may show the Head Office, where the assessment of the owner/ or occupier is made. 3. The next step is the completion of other column in survey to be done by the Inspector or the Deputy Commissioner of Taxes on a personal visit to the locality. 4. Column 4 shows the rent actually payable by the tenant and this is to be ascertained in the course of survey. 5. In column 7 should be noted any particulars about the owner gathered during survey. 6. Column 9 will be filled up in the office. 7. Column 10 is the most important column which should be carefully filled in. The main particulars requiring attention are indicated in the form, but it does not mean that any other enquiry suited to a particular case need not be made, The books shown at the time of survey be initialled and a note made to this effect in the register. 8. In column 11 the Deputy Commissioner of Taxes should give definite orders whether the case should be noted in the Trial Register and notice under section 22(2) should be issued, or whether the information is to be communicated to other circles. 92 9. Column 12 shows compliance by the office to the Deputy Commissioner of Taxes order in the preceding column. Number and date of any letter or communication issued should be noted here. 10. The survey Officer should not waste time on petty cases not liable to assessment. The income of the occupier can, to some extent, be judged from the rental value of the premises and local reports. 11. Where no municipal registers of property assessment exist, and the area is so important that a house-to-house survey is necessary, all the columns of the register will have to be completed by the survey Officer. 12. But where property registers are kept up to date by the Municipality, it should not be necessary to undertake house-to-house Survey for collecting the rental value of property. 13. Property Cards of owners should be prepared in I.T.55 and placed on relevant files or sent to the Deputy Commissioner of Taxes Concerned. General Survey of commercial localities.-- In less important circles where property does not yield much rent, a house to house survey for purpose of property is not necessary, and all that is essential is to have a survey of the commercial or business area. This should be done in the same form as the house-to-house survey. Sample check by Deputy Commissioner of taxes and Inspecting Joint Commissioner -. At least 10 to 15% of the entires should be checked by the Deputy Commissioner of Taxes if the Survey is done by the Inspector. Whether it is done by the Inspector or the Deputy Commissioner to Taxes, the Inspecting Commissioner should check some of the survey registers by inspection on the spot and any discrepancies should be investigated and reported upon. 93 General.-- (a) The survey work should be done tactfully and politely so as to cause no annoyance to the public. If an assessee or a person refuses to furnish any information, the Survey Officer should not persist in eliciting the information from him, but he can naturally draw in adverse inference. The standard of living of the assesses and the general appearance of the business and the stock are good materials for an estimate. (b) An important point to note is that all work which is unproductive should be eliminated. Much time should not be spent on small shops and if the income is much below the taxable limit, it would be enough to write’ petty shop.’ In case of old assessees the object should be to record new facts, if possible, while new cases should be more carefully dealt with. (c) The information collected should be reliable so that correct assessments can be made and not based no hearsay reports. After completing shop-to shop survey of an area, or of a street in the case of big cities, it is desirable to make enquiries from some of the reliable traders of the locality about the persons whose names have been noted in the course of survey on the following points:-- (i) Nature and extent of the business. (ii) Branches, if any. (iii) Name of persons from whom purchases or to whom sales are made. After this extracts of personal accounts should be obtained from the trader of the locality in respect of the purchases and sales. If they are not readily made available, a few days time should be given to sent them to the Deputy Commissioner of Taxes. Information’s collected in this manner would be far more accurate and reliable than the impression which the survey Inspector would record as the result of his 5 minutes visit to the shop. Each shopkeeper should be requested to show his account books at the 94 time of Survey which show his account books at the time of Survey which should be signed. If they are not shown, they should be asked to show them on the next day and if still they are not shown, then adverse inference should be drawn. (c) The information collected should be utilised in assessment. In the cases of new assessees, an abstract of the survey entries, with survey Register number should be placed on the miscellaneous file which will form the basis on which notice under Section 22(2) is ordered to be issued. In the case of doubtful assessees the name should be taken to the Trial Register, while in the case of old assessees, information collected in survey or from other sources should be placed in the miscellaneous file with a entry to that effect in the Order sheet. Information which the Deputy Commissioner of Taxes considers to be of a confidential nature should be placed in the confidential file of the assessee. If it is of a permanent value, it should be placed in the permanent Record file and at the end of the assessment order, of the last completed assessment, a note should be made to this effect to ensure that the information is not lost sight of or removed by anybody. (d) If there be any danger of false impersonation, or of people refusing to furnish information on the ground that they do not know the Inspector, the Inspector may, if the commissioner thinks it desirable, carry their photo-cards duly signed by the Inspecting Joint Commissioner . These photo –cards should be inspected monthly by the Deputy Commissioner of Taxes to see that they are not lost. Inspectors on survey should submit fortnightly diaries showing, inter alia the number of shops surveyed, the number of new assesses discovered with likely revenue effect. (2) Internal Survey.-- This comprises Collection of information from government offices , offices of public bodies, Railway Station, Civil court, Registration Office , Post Office, etc., their collection and dissemination. The National board of Revenue has made arrangements with the Government and the various Ministry of the Government and the Auditor General of Bangladesh that the information about the payments made to 95 contractors and other non-officials should be supplied to the commissioner of Taxes for communicating to the assessing officers . The payment list is to be dispatched monthly or quarterly where this is found more convenient instead of yearly. The information supplied by these disbursing officers is in respect of payments of over Taka 250 and is in the following form.- List of payment over TK.250 made by disbursing officer for the month of .....19 serial No 1 Name of On what Date payee and full account payment address (if payment mede. known) 2 3 4 of Treasury 5 Amount 6 The information is ledgerised by the Collation Branch and thereafter communicated to the Deputy Commissioner of Taxes concerned in due course. It may be found more convenient to place a gazetted officer in charge of this branch in Commissioner Office. This branch gathers information from the various offices of the Government, is also details of import and export licences, from the Customs House. In case of import and export licences, a duplicate copy of the application containing particulars of the registration and General Index No. of the application will be available. These should be forwarded in due course to the various Deputy Commissioner of Taxes to whom they relate. In mofussil areas the Deputy Commissioner of Taxes however, should contact all the local offices of the Government in their jurisdiction and obtain from them the required particulars relating to payments made to contractors. They should not send for full particular from any office of the Government that might be situated in their areas, as information in respect of them is communicated to the commissioner of Taxes. The following sources of information are required to be tapped by Deputy Commissioner of Taxes themselves and not by the Collation Branch:(1) Local Railway stations.-- For ascertaining details of those who may have received or dispatched large consignments. 96 (2) Registration office.-- For securing details of those who have sold house property and lands with the object of ascertaining: (a) how the purchaser came by the money to purchase the properties and to tax the amount of it represented concealed income. (b) how the seller has utilized the sale proceed to keep track of all income from investments of the sale proceed. (3) Motor vehicle office -- To verify if all the owners of motor-cars, trucks and buses are on the G.I.R. This information yields valuable results in tracing out new assesses. (4) Telephone Directory -- To verify if all the telephone subscribers are on the G.I.R. The list is readily available from the Telephone Directory (5) Local Excise Authorities -- To find out names and addresses of the country liquor, opium and ganja shops and the amounts paid by the licencees for the least of licence of the shops (6) Forest and Fishery officer -- To find out the names of the contractors and lessees who have purchased coups and fishing rights, etc. (7) Local District Board, Cantonment Boards and Municipalities-- To find out the amounts paid to contractors for roads buildings, etc. and also for obtaining list of lessees of markets, ghats, etc. (8) Civil Courts.-- To obtain information regarding--(i) decrees which are helpful in cross-checking accounts of old assessees and discovering new assesses; (ii) Names of pleaders; “(9) Sea and Land Customs offices at Chittagong and Chalna ports and also those situated at Dacca and Chittagong airports.-----------------For ascertaining details of those who may have received or dispatched large consignment. 10. Controller of Imports and Exports. 97 11. All corporations, statutory bodies, and other authorities to check payments for supply of goods and services, for commissioners, etc. The information obtained about old assessees they should be placed in their files and in case of new assessees they should be made the basis for issuing notice u/s 22(2). Communication of useful information's.-- A Deputy Commissioner's of Taxes when examining the accounts of his own assesseed, should furnish extracts concerning assessees of other circles to the D. C. T s. concerned. The Deputy commissioner of Taxes should not be content with his order in the examination notes, to issue communication slips in respect of information noted by him but should make it a point not to sign the assessment order till such communication slips, together with Demand Notice and Chalan, are prepared by the office and put up before for signature. This procedure will ensure that the 98 communication slips are prepared promptly and not lost sight of . As soon as t...e assessees would realise that information’s are exchanged between the D.C.T’s they will begin to show all the transactions in the account books and a good deal of evasion would be stopped. Information should be communicated in I.T.-93 slips. Procedure for dealing with I.T.-93 slips.- When any I.T.-93 slip is received, and the Deputy Commissioner of Taxes sees it for the first time, he should immediately give his own serial number to it before passing it to his office for disposal. For this purpose he should keep a small diary on his table to facilitate the giving of number. The clerk concerned, as soon as he receives the I.T.-93 slip from the Supervisor, will enter the slip in the Register of information slips and then record in red ink on the order sheet of the file concerned the number-and date of the communication slip and name of the office from which the communication or I.T-93 slip originated. As soon as the clerk has made the entry he will bring the file to the Deputy Commissioner’s of Taxes and show to the Deputy Commissioner of Taxes who will then tick off the serial number in his table diary and thus make certain that it has been filed in the proper record. Should any be missing, action can be taken against the clerk in-charge of the file, also a duplicate can be secured from the office of origin, if necessary, because number, date and particulars have been recorded on the order sheet, This little extra care will prove very beneficial and is well worth the extra trouble. The information slips should be placed in the assessment record above the assessment form of the latest completed assessment so that it may not be lost sight of at the time of assessment If an I.T.-93 slip has been received after the assessment for the year to which it relates, has been completed it may be possible to find out whether the receipt has been considered in the assessment, if it relates to interest, dividends, rent commission, share income and note regarding details of such receipts have been prescribed. If it has been considered, the Deputy Commissioner of Taxes will pass order “No action. Close file”. If it has not been taken into account or if it is not possible to say from the records whether the transactions reported have been included in the assessment, the slip should be placed in the assessment record with a note in the order sheet as already explained and considered at the time of next year’s assessment unless the assessment to which it relates is to become time-barred, In that event the assessee’s accounts may be called for and if the receipt or transaction has not been accounted for, then action under section 34 should be taken. 99 CHAPTER VII REGISTER The Registers maintained in Deputy Commissioners of Taxes office in connection with the assessment and collection of Income-tax described in this Chapter They are as under:1. General Index Register .. .. .. I.T.-36. 2. Demand and Collection Register .. .. I.T.-41. 3. Register of Daily Collections .. .. .. .. 44. 4. Register of daily Refunds .. .. .. .. 44-A. 5. Forward Diary .. .. .. .. .. 6. Register of Duplicate Dividend Warrants .. .. .. 7. Refund Claims Register .. .. .. .. 8. Register of Exemption Certificates .. .. .. 33. 9. Section 24 Register .. .. .. .. .. 10. Register of Appeals under Sections 30 & 33 and Petitions and References under Sections 33-A & 66 .. .. .. .. .. 77. 11. Survey Register .. .. .. .. I.T.-54 12. Register of Assesses in whose case certificates under Section 64 are issued .. 53. 13. Register of Irrecoverable Demand .. .. .. 78. 14. Register of Proceedings under Section 46 .. .. .. 74 15. Register of Tax Recovered on Interest on Securities of Local Authorities and Companies, Dividends, Interest and Other Payment made to Non-Residents, under Section 18 of the Income Tax Ac .. I.T.-49. .. .. I.T.I.T... .. .. I.T... I.T... I.T.I.T.I.T.- .. 100 16. Register Showing Information Regarding Dividends, Distributed to the Share-holders of Companies under Section 19-A .. .. I.T.-12. 17. Register of Demand and Collections under Section 18-A .. I.T.-134. 18. Register of Daily Collections under Section 18A of the Income Tax Act I.T.-135. 19. Trial Register .. .. .. .. 36-A. 20. Register showing Carry Forward of Losses under Section 24 .. .. 21. Register for the Maintenance of Record of Penalty and Prosecution Cases 22. Income Tax Certificates (Import and Export Licences/Supply and Works Contracts) Register .. .. .. .. 23. Register of Registered Firms and of Unregistered Firms Treated as Registered Firms under Section 23(5)(b) of the Income Tax Act. .. .. 24. Contractor’s Register .. .. .. .. .. .. .. .. I.T... .. .. .. .. .. .. .. 101 25. Register of Penalties under Section 28 .. .. .. .. 26. Register under Section 35 of the Income Tax Act .. .. .. 27. Communication Slips Register .. .. .. .. .. 28. Cheques Register .. .. .. .. .. 29. Double Income-tax Relief Register .. .. .. .. .. 30. N.D. Cases Register .. .. .. .. .. 31. Register of Applications for Copies .. .. .. .. .. 32. Register of Non-Residents Assessed Through their Agents under Section 43 of the I.T. Act .. 33. Register of Actionable Cases under Section 18-A of the I. T. Act .. .. .. 34. Register of Adjustment memos .. .. .. .. .. 35. Property Certificates Register .. .. .. .. .. 36. Process Servers’ Register .. .. .. .. .. 37. Register of Transferred Cases .. .. .. .. .. 38. Register of Orders Passed by the Commissioner under Section 58B(1) According Recognition to Provident Funds .. .. .. .. 39. Register of Estate Duty .. .. .. .. .. 40. Payment’s Check Register (Tax on Salaries) .. .. .. .. 41. Register of Extra Tax Realized as a result of the activities of the Department .. .. 42. Register for Annual Statement in Respect of Salary Circles .. .. .. 43. Register of Movement of Income Tax Files .. .. .. .. Registers Nos. 1 to 9.- These have been described in this book in the paras already mentioned. Nos. 10 to 18.- The forms in which these registers are to be maintained have been mentioned against each. The forms have been standardised by the National Board of Revenue and appear in appendix A. They are simple and self-explanatory and no further instructions are needed for filling them. No. 19 Trial Register.-(i) This register is maintained in form I.T.-36A. The main object of this register is to weed out unproductive cases from the General Index Register and relieve the Deputy Commissioner of Taxes of the unnecessary work in regard to such case so as to give him more time for revenue yielding cases and to enable him to improve assessment, demand and collection of this Circle as a whole. 102 (ii) All non-salary cases discovered during the year should be entered in the Trial Register and not in the G.I.R. All cases where assessments have been made at Nil in the last three completed assessments, cases which have been “filed” for three successive assessment years, whatever the assessment years may three years should also be transferred to the Trail Register from the G.I.R. An annual check-up should be made each year in July and cases falling under the description given above transferred to the Trial Register. 103 (iii) No new case should be entered in the Trial Register unless the Deputy Commissioner’s of Taxes has studied the papers. If he is of the opinion the there would be a demand/refund for the current year or any earlier years, he should still enter the case in the Trial Register but start assessment proceedings immediately; if the proceedings end in a demand/refund, the case will be transferred to the G.I.R. Existing cases in the G.I.R. should not also be transferred to the Trial Register as per instructions in paragraph (ii) unless the Deputy Commissioner’s of Taxes has studied the file. If he is of the opinion that a demand would be due for the current year, or an earlier year, he should still enter the case in the Trial Register, but start assessment proceedings ; and if the assessment does in fact. result in demand/refund, it will be re-transferred to the G.I.R. (iv) It would very often happen that payment-slip, etc., would be received for non-existing cases where the amount of payment, etc., is so large that it would be reasonable to presume that the assessment would result in a demand In such cases proceedings should be taken for assessment, but the case should in the first instance, appear in the Trial Register and transferred to the G.I.R. after the demand has been made. There would be cases of new companies formed by conversion of existing partnership, etc., or new subsidiaries whose business would be of such nature that a demand might in the ordinary course be expected. Proceedings for assessment should be taken in such cases, but they should be entered in the Trial Register in the first instance, and transferred the G.I.R. only after the proceedings have ended in a demand refund. (v) The non-company cases in the Trial Register will be “tried” once in three years and company cases in three years, that is a notice under section 22(2) will be issued in non-company cases once in four years and in company cases once in three years, and subsequent assessment proceedings taken. If the proceedings result in a demand/refund, the case will be removed from the Trial Register and entered in the G.I.R. but not otherwise and also not earlier If the result is a Nil assessment, it will be “tried” again the third year unless the Deputy Commissioner’s of Taxes is of opinion that it should be removed from the Trial Register also. (vi) Cases contemplated in (iii) and (iv) may be tried oftener than once in four years (oftener than once in two years in company cases) if the Deputy Commissioner of Taxes if the thinks it necessary, but they cannot be transferred the G.I.R. unless the assessment proceedings result in a demand/refund. (vii) A case which has been found to be infructuous need not remain in the Trial Register permanently. If the Deputy Commissioner of Taxes after one or more “trial” is satisfied that there is no possibility of the case turning out to be effective in the course of the next four or five years, it should be struck off from the Register. Periodical survey of premises will be a normal feature of the Income tax administration and an effective case will not remain untraced for long. Payment- slips, etc. will be flowing in regular stream and if an effective case is not traced in survey, it will be traced by payment-slips, cross references, etc. The Deputy Commissioner of Taxes should not also transfer wholesale all existing in fructuous cases from the G.I.R. to the Trial Register; if there are cases, e.g., untraceable emigrants, shopkeepers with very small turnover, etc., where no assessment is likely in the near future, they should be struck off and not entered in the Trial Register. The Trial Register should be struck off and not entered in the Trial Register. The Trial Register should not be over-burdened with cases clearly not liable for some years to come. 104 Compilation and maintenance of Trial Register. – This Register should be compiled in the same manner as the G.I.R. The names should be arranged alphabetically and blanks left for additions in future under each alphabet. Annual numbers should be given as shown in column 5 of the Register as without this, column 4 of Return XI cannot be filled in. The last annual number at any time will be the number in which notices under section 22(2) have been issued till then annual numbers will be given in the same manner as in the G.I.R. The last annual No. in any month will be shown in column 4 of Return XI for that month. The first few pages of the Register should be left blank for noting addition and subtractions in the course of the year; unless this is done, it will not be possible to fill in columns 2 and 3 of Return No. XI. This is a four-year Register and a new Register should be complied every four years (A separate Trial Register should be compiled for companies which will be a three-year Register). Notices under section 22(2) should be issued in the alphabetical order except where the Deputy Commissioner of Taxes orders otherwise. As mentioned before, a separate Demand and Collection Register should be maintained for Trial Register cases which end in N.A. to make it possible to collect the figure for column 5 of Return XI readily, and a separate section should be kept in the Principal Demand and Collection Register ending in demand refund to enable the Deputy Commissioner of Taxes to collect figures for columns 6 to 8 of Return XI. No. 20. Register showing carry forward of losses under section 24(?) of the Income-tax Act. This register is maintained to enable the Budget Estimates to be framed accurately in so far as the loss of revenue on account of losses brought forward from preceding years is concerned. The register, which should be maintained in the following form, should keep a record of loss amounting to Tk. 10,000 or over carried forward under section 24(2) of the Income-tax Act RECORD OF LOSSES CARRIED FORWARD UNDER SECTION 24(2) OF THE INCOME -TAX ACT FROM 19 to 19. Serial No. 1 G.I.R. No. 2 Nature of business, profession or vocation to which the loss relates. Amount of loss carried forward (including losses of earlier year.) 3 4 Amount of loss which will lapse next year. 5 Net amount of loss to be set off against the profits of next year. 6 Amount of tax likely to be lost next year. Remarks. InSucome per Tax. Tax. 7 8 9 For the purpose of calculating the loss in tax, recourse may be had by Deputy Commissioner of Taxes to local inquiries or any other data which can be conveniently had, but if no useful information is available, they can assume that the next year’s income from the particular business concerned will be equal to the average of the results of three past years including the year from which the loss is being carried forward. 105 No. 21. Register for the maintenance of record of penalty and prosecution cases. – This register is maintained to keep a watch on case of fraud and concealments from year to year. In this register the Deputy Commissioner of Taxes should keep a black list of assessees on whom a penalty has been imposed or where prosecution has been sanctioned for concealment of income. This can be done by having a bound ledger of about 200 pages with a separate leaf for each such assessee. The pages of the ledger should preferably be machine numbered to avoid the possibility of any leaf being removed. The names of the assessees penalised under section 28(1)(c) or prosecuted under section 53 should be entered on consecutive leaves and included in the Index to be kept in the beginning of the ledger. The entry in this register should be made when the notice under section 28(3) is issued. Assessment year for which penalty or prosecution is proposed. Nature of concealment for which penalty or prosecution is proposed. 1 Date of issue of notice under section 28(3) 2 Date of final disposal prosecution. 3 4 Remarks with D.C.T’s signature Any special point to be looked into in future to be noted here. Amount of penalty or result of. 5 6 Columns 4, 5 and 6 should be filled when the proceedings have been completed. To ensure that entries in the register are actually made when notices under section 28(3) are issued, the fact of such entry should be recorded in the order sheet of the assessment file, e.g., “Entered on page..........of register for the maintenance of a record of penalty are and prosecution cases. When a penalty is imposed in the same case in subsequent year, an entry should be made on the same page below the previous one. No. 22. Income Tax Certificate (Import and Export Licence Supply and Works Contract) Register. – The main object of maintaining this register is that importers, exporters and Government contractors ore duly assessed to tax. Serial No. Name of the applicant and address. 1 2 G.I.R. No. Export or Import - -------------------Supply/Works contract. 3 4 Nature of the goods or works. Estimated value of the goods or works. 5 6 Latest Year up to which Income- tax assessment has been made. Income-tax, Excess Profits Tax, B.P Tax and penalty demand still unpaid ( demand on assessmentRegular or provisional). Amount of advance tax under Section 18A due till date but still not paid. 7 8 9 Latest quarter up to which Sales-tax assessment has been made. Sales-tax and penalty still unpaid. Month up to which Sales-tax due has been paid (amount due should be roughly ascertained from the actuals of quarterly returns and estimate for the period for which the quarterly return is not Date of issue of certificate. Clerk’s signature in token having placed the import/ export contract slip in the Income-tax records. Remarks. 106 due.) 10 11 12 13 14 15 IMPORT/EXPORT LICENCE/CONTRACT SLIP ------------------------------------------------------(to be placed in Income-tax records) 1. Serial no in the Income-tax certificate (Import and Export/Supply) and Works Contracts) Register .. .. .. .. .. 2. Name of the assessee .. .. .. .. .. 3. Nature of goods and contracts for which application filed .. .. .. 4. Estimated value of the goods/contracts .. .. .. .. 5. Date of issue of certificate .. .. .. .. .. ASSISTANT-IN-CHARGE The forms of the following registers have not been standardized in the I.T. Series. They may be modified to suit local requirements if any, with the prior approval of the Commissioner :No. 23 Register of Registered Firms and of Unregistered Firms treated as Registered under section 23(5) (b) of the Income Tax Act. – The object of this register is to see that the shares of those partners of the registered firms who are assessed by an Deputy commissioner of Taxes other than the one dealing with the firm do not escape assessment. The columns of this register are self-explanatory:Serial No. Name of the registered under section 26A with addresses. 1 2 Shares of partners. Quantum of partner’s shares. 7 8 Name of firms treated ss registered u/s 23(5)(b) with addresses. 3 Name of the Circle/District where the partners are assessed. 9 Years of assessment and date of asstt. 4 Date of communication of shares to the D.C.T. concerned. 10 Income/ loss assessed. 5 Date of receipt of acknowledgement of the D.C.T. concerned. 11 Names and addresses of partners. 6 Remarks. 12 No. 24 Contractors’ Register. – This register is maintained to ensure that proper assessment is made on contractors. The columns of this register are as under:- 107 Serial No. Name of contractor with address. Nature of contract. Year of contract. Turnover disclosed. Gross/net rate of profit shown. 1 2 3 4 5 6 Turnover determined on regular assessment. Gross/net rate of profit applied by the D.C.T. Gross/net rate of profit upheld by the Appellate Authorities. Remarks. 7 8 9 10 No.25 Register of Penalty under section 28 of the Income. Tax Act.- the object of the register is to keep a watch over the disposals of the penalty proceedings initialed by the Deputy Commissioner of taxes. Serial No. Name of and address of assessee. Assessment year and date of assessment. Income returned. Income assessed. Nature of default. 1 2 3 4 5 6 Date when penalty notice was issued Date when assessee’s reply fell due. Date of receipt of assessee’s reply. Date of submission of report to I.J.C. Date of receipt of I.J.C’s. approval. Amount of penalty and date of order. 7 8 9 10 11 12 Increase or decrease as a result of appeal. Net amount of Penalty. Remarks. 13 14 15 No. 26 Register under section 35 of the Income Tax Act. – This register is maintained to keep a record of action taken under section 35, whether on the Deputy Commissioner of Taxes own initiative or on the mistakes being pointed out by the 108 assessee. It enables the inspecting authorities to see whether the mistakes are due to the carelessness of the Deputy Commissioner of Taxes or to some other causes. The columns of the register are selfexplanatory. Serial No. Name and address of the assessee. Year of assessment. Date of receipt of assessee’s application (or in the event of suo motu action by the D.C.T.) the date of detection or error. 1 2 3 4 Date when the order mentioned in Col. 4 was passed. Nature of rectification sought. Date when the order mentioned in Col. 4 was rectified u/s. 35. 6 7 8 Nature of order whose rectification is sought i.e.Asstt/Refund order is made by D. C. T. 2. Appellate order under Sec. 31. 3. Revision order under Sec. 33A. 4. Tribunal’s order under Sec.33. 5 Increase or decrease as a result of rectification. Demand. Refund. 9 Remarks. 10 11 No. 27 Communication Slip Register.—This register is maintained for inward communication slips. The object of this register is to see that no communication slips containing information about assessees is lost sight of and mat it is duly considered in the assessment year to which it pertains. The columns of the register are as under. – Serial No. Date of receipt. Communicat -ion slip No. and date. From whom received. Name of payer with address Name of payees with address. Amount of payment Nature of payment. 1 2 3 4 5 6 7 8 Date of payment. 9 G.I.R/Trial Register No. of the file in which placed. 10 Initials of the clerk who placed it on the file. 11 Initials of the Deputy Commissioner of Taxes. 12 Remarks. 13 109 No. 28 Cheques Register.—The object of this is to ensure that the cheques received from the assessees are promptly deposited in the Bank. Serial No. G.I.R. No. and name of assessee. Date of receipt of cheque. Name of Bank on which drawn. Cheque No. and date. 1 2 3 4 5 Amount of cheque. Head of account to which the amount of cheque is to be adjusted and the year to which it pertains. 6 Remarks. Date of despatch of cheque from the office with the challan. Initials of the clerk. Initials of the D.C.T 8 9 10 7 11 No. 29 D.I.T. Relief Register.—This register is intended to enable the Deputy Commissioner of Taxes to keep proper watch on the timely collection of cancellation of the demand held over at the time of assessment. It should be kept in two parts, one showing the amount of tax held in abeyance or the abatement allowed under the Agreement for the Avoidance of Double Taxation between Bangladesh and other contructing state and the other showing similar relief in the case of other countries. PATR . Amount of tax (I. Tax, E.P. Tax and B. P .Tax) held over abatement allowed under the Agreement for the Avoidance of Double Taxation between Bangladesh and India. Serial No. G.I.R. No. and the name of the Assessee. Assessment Year. Date of Assessment. Total income assessed. Indian income out of col.5. 1 2 3 4 5 6 Amount of tax held over. Initials of the clerk. Initials of the D.C.T 7 8 9 Date of receipt of certificate of assessment for the crossponding year from other contruc-ting state. 10 Abatement actually allowed. Initials of clerk. Initials of D.C.T. Remarks. 11 12 13 14 110 No. 30 No Demand Cases Register.—This register is maintained in salaries circles for keeping a record of cases, which are decided under section 18(5) of the Income Tax Act. Serial No. Name of assessee G.I.R No. Year of assessment Total income assessed 1 2 3 4 5 Rebate Net I.T. S.T. I.T. S.T. 8 9 10 11 Gross demand created I.T. Amount paid I.T. S.T. 12 S.T. 6 7 Remarks. 13 14 No. 31 Register of Application for Copies.—This register is maintained to keep a record of the applications received from the assessees for the grant of copies of assessment orders, etc., and to see that the applications are being attended to promptly. Serial No. G.I.R No. and name of the assessee Date of receipt of application Particulars of orders or documents or which a copy is required 4 Initials of Head Clark/ Supervisor 1 2 3 Date of issue of copy Copying fee charged, if any Initials of Head Clerk/ Supervisor Initials of D.C.T. Remarks 6 7 8 9 10 5 No. 32 Register of non-Resident Assessed through Agents under section 43 of Income Tax Act.— This register is maintained with a view to watching the speedy disposal of the special class of cases of non-residents who are not assessed directly, but through agents appointed under section 43. Serial No. G.I.R No. Name and address of the Non-resident assessee Name and address of the Agent Assessment year Date of issue of a notice u/s 43 on the person to be treated as agent. Date of receipt of reply to notice mentioned in Col. 4 1 2 3 4 5 6 7 Date of ordered passed u/s 43 treating the person in Col. 4 as agent 8 Date of completion of the assessment Remarks. 9 10 111 No. 33 Register of Actionable Cases under section 18 A of the Income Tax Act.—In this register only those cases are entered in which income as per last assessment order is Rs. 25,000 and over. Serial No./ G.I.R. No. Name of assessee with address Year of account Date of last I.T regular assessment Remarks 1 2 3 4 5 No. 34 Register of Adjustment Memos.—This register is maintained to keep a record of the collections of income-tax, etc., by adjustment of advance payment of tax under Section 18A or refund due to the assessee. Serial No. Date G.I.R No. & D. & C. No. Year of assessment Name and address of the assessee Amount adjusted Heads of credit side Heads of debit side 1 2 3 4 5 6 7 Date of adjustment Remarks 8 9 No. 35 Register of Transfer of Property.—This register is maintained to keep a record of the applications received and disposed of under Section 47A of the I.T. Act. The demand created and collected in such cases and causes of unnecessary delay in the disposal of applications can be ascertained from this register. This register also furnish informations required for Return IX. The form in which the register is to be maintained is as under. Serial No. Name and address of the seller, G.I.R. No. and the Circle in which assessed or assessable Name and address of the purchaser, G.I.R. No. and the Circle in which assessed or assessable Date of receipt of receipt of application Amount of liability Actual Anticipated - Total 1 2 3 4 5 6 Total amount of tax paid If total amount of tax not paid, what satisfactory provision has been made in lieu thereof Date of submission of report to I.J.C. Date of issue of certificate Date of receipt of application for revalidation of certificate if any Date of issue of revalidated certificate Remarks 1 2 3 4 5 6 7 112 No. 36 Process Server’s Register.—This register is maintained to keep a watch on the proper and prompt service of notices by the process server. Serial No. G.I.R. No. Name and address of assessee Description of notice Date fo the handing over of notice to Notice Server Initials Notice Server with date Date of service of Notice on the assessee 1 2 3 4 5 6 Initials of Notice Server with date Initials of Head Clerk/Supervisor with date 8 7 Remarks. 9 No. 37 Register of Transferred Cases.—This register is designed to keep a record of both in ward and outward transferred cases. Serial No. G.I.R No. Name and address of the assessee D.C.T. whom transfrred D.C.T. from whom received on transfer No. of volumes Initials of the receiving clerk 1 2 3 4 5 6 7 Initials of Head Clerk/ Supervisor Date of acknowledgement and whether sent by post 8 9 New G.I.R. No. Initials of D.C.T. Remarks 10 11 12 No. 38 Register of Commissioner’s Order according recognition of Provident Fund under Section 58-B(v). – This register is intended to keep a record of the orders passed by the Commissioner according recognition to Provident Funds under Section 58B(1) of the Income Tax Act. Name of the Provident Fund No. and date of the order Date from which recognition ordered Initials of the Head Clerk/ Supervisor Initials of D.C.T. Remarks Serial No. 1 2 3 4 5 6 7 No. 39 Register Estate Cases.—This register is maintained to enable the preparation of quarterly statement to be submitted to the Board in respect of Estate Duty cases. Serial No. 1 Name of deceased person Date of death Name of representive with address 2 3 4 Approximate value or amount 7 Assessed income for last three assessments Year Amount 5 Details of property (with location) 6 Details of settlement and of assessments referred to in Sec. 16(1)(c) and (3) of the Income Tax Act. 8 113 9 1. Lands. 2. Buildings. 3. Business Assessments. 4. Stock and Shares. 5. Bank Deposits. 6. Other moneys. 7. Other movables. No. 40 Payment Check Register (Tax on Salaries).--- The object of this register is to check the monthly (or periodical, in the case of those who have been allowed to deduct tax quarterly) payments of tax deducted from the salaries by private employers and to ensure that is being regularly and properly deducted and duly credited in the Treasury. The form of the Register is as under:Serial No. Name & address of employers 1 2 October Date Amount Date Amount paid Date 3 November Date July Amount Paid September Date Amount paid 4 December Date August Amount paid Amount paid 5 January Date February Amount paid Date Amount paid paid 6 Date March Amount paid 11 7 Date April Amount paid 12 8 Date May Amount paid 13 9 Date June Amount paid 14 10 Total Remarks 15 16 If there is a default on the part of any employer in deducting the tax from the employees and depositing it in the Treasury, he should be asked immediately to make the payment, and if he does not do so, action u/s 46 read with section 18(7) of the Income-tax Act should be taken. 114 No. 42 Register for Annual statement in respect of salary Circles. See para. No. 43 Inward and Outward Movement of Assessment Files Register. This register is maintained for recording both inward and outward movements of income-tax assessment records. The register should be kept in the following form: Serial No. Name and address of the assessee and General Index No. 1 Date when file is sent 2 To whom sent 3 No. & date of the memo/letter in which the file is asked for, if any 4 No. and date of the letter acknowledging receipt, if any Purpose for which sent Date when the file is received back 6 7 8 5 Remarks 9 When a file is sent in connection with appeal, review or approval of penalty proceedings u/s 28, etc. 7, should indicate in brief the purpose (appeal, review, etc.) for which file has been sent. 115 CHAPTER VIII REPORTS, RETURNS AND STATEMENTS There are several reports and returns which are submitted by the Deputy Commissioner of Taxes to the higher authorities. They can be broadly divided into two categories (1) those pertaining to the establishment matters and questions of administration and (2) those connected with the assessement and collection of tax. The latter class of returns are dealt with in this Chapter. A list showing the names of the several periodical returns prescribed by the National Board of Revenue together with the dates of their submission to higher authorities has been given in Appendix ‘C’. This Appendix also shows the specimen forms in which these Returns have to be submitted. Each D.C.T. should maintain a calendar of returns showing the names of the various periodical returns that have to be submitted by it and the dates by which they should be submitted. The Deputy Commissioner of Taxes should send for this calendar from time to time and satisfy himself that there is no delay in the preparation and submission of the returns. He should bear in mind that delay on the part of one D.C.T. can upset the entire time-sehedule and cause a considerable amount of inconvenience and dislocation. Where the preparation of a return is expected to take some more time, he should send an intimation to the higher authorities informing them of the reasons and also of the probable date by which he would submitting the particular return. The returns submitted by the Deputy Commissioner of Taxes should be consolidated by the Inspecting Joint Commissioner and the returns submitted by them should similarly be consolidated by the Commissioner of Taxes and only the consolidated returns submitted to the Board, unless there are instructions to the contrary. The comments of the Inspecting Joint Commissioners and Commissioners of Taxes should be forwarded to the Board along with the consolidated returns and statements. The comments should be directed towards effecting improvement in the work of officers and the defects noticed should be pointed out to them with specific instructions on how to remove them. They will fail in their Primary purpose if instead of giving some guidance and help to the officers concerned, they create demoralization or frustration. Income- tax Reports and Returns A. – MONTHLY RETURNS Return No. 1. – Individual progress of assessment This return shows the total number of cases, current and arrears, to be dealt with during the year by the Deputy Commissioner of Taxes and the disposal of such cases during and up to the end of the month. There is an appendix to this return which explains the charges in the categories. For the evaluation of disposal, the income –tax cases have been classified into the following categories: (4) Classification of Income –tax cases into Categories: Category . Cases with business income of tk. 36,000 and above. 116 Category . Cases with business income ranging from Tk. 20,000 to 35,999. Category . Cases with business income ranging from tk. 12,000 to 19,999. Category V. – (i) Cases with business income ranging from tk. 8,400 to 11,999. (ii) Salary cases. (iii) All cases of assessment of property, dividend income and interest on securities. Category V. – All cases of refunds, Nil Assessment (including TR. cases resulting in Nil Assessment)and cases resulting in loss on assessment. The disposal should be converted into standard units as follows :1 category case – One standard unit. 2 category cases -- One standard unit. 5 category cases -- One standard unit. 10 category V cases -- One standard unit. 15 category V cases –One standard unit The minimum disposal in standard units expected from Deputy Commissioner of Taxes of different grades is 300 units. The totals of categories to in column 3 of this Return should tally with the figures shown against item (i) of Part A of Return No. V. Return No. . – Individual Progress of Income –tax Demand and Collection. This return shows figures of demand and collections in respect of each and also for the country as a whole. The amount held over on account of double income-tax relief and abatement under the Agreement for the Avoidance of Double Taxation should be shown in columns (6) and (7). These figures would be available from the double income-tax relief register described in Chapter VIII. Return No. .--- Statement showing the Progress of Assessment, Disposal, Demand and Collection in respect of evacuees only. This return shows the total number of cases, current and arrears in respect of evacuees only to be dealt with during the year by the Deputy Commissioner of Taxes and the disposal of such cases up to the end of the month. 117 The return also show the figures of arrear demand, amount covered by Recovery Certificates and figures of collection. Return No. V. – Statement showing net collections of tax on income under various heads. This Return helps the Commissioner to know the progress of collection from month to month in relation to his budget estimates. Provisional figures of collections should be intimated by the Commissioner to the National Board of Revenue every month so as to reach the Board’s office by the seventh of the month following that to which they relate. Return No. V – Statement in respect of demand and collection under section 18A. The columns of this return are self-explanatory and the figures required for filling up this Return are available from the Demand and Collection Register under section 18 A. Particular care should be taken to show the deduction on account of the revised estimates by assessees as otherwise in the case of heavy reductions of estimates by the assesses, the demand shown would represent an unreal figure having no relation to facts. The aggregate of the figures item VII (a) and (b) should tally with the figures shown against item VII (1) of Return No. VI. Return No. V I.—Statement showing deposits and adjustments under various heads. The columns of this Return are self-explanatory and figures can be easily obtained from the relevant registers. The information regarding the amount transferred to revenue by means of provisional assessment can be obtained from the Demand and Collection Register under section 18 A if a note regarding the assessment under section 23B (1) is made in the remarks column of this Register. Return No. VII. – Progress of assessment of cotton ginning factories. This Return is not required to be submitted by the Commissioner of Income tax, Dacca. Return No. VIII. – Disposal of applications under section 33A This Return shows the number of applications to be disposed of and number disposed of during and up to the end of a month. This statement should be prepared in the Commissioner’s office. Return No. IX.—Statement showing the number of application received, certificate issued and the amount of anticipated liability demanded and collected under 47A. This Return is intended to enable the Commissioner and the Board to watch the progress of disosal of applications for the grant of Clearance Certificates under the 47A of the I.T. Act. 118 Return No. X.- Progress of assessment work. The columns of this Return are self-explanatory. This Return has been prescribed with a view to watching the progress in the disposal of cases in which assessment have been set aside or which have been demanded in appeal. This Return also enables the higher authorities to watch the progress of proceeding under section 28. There is a tendency on the part of some Officers to start proceedings under section 28 and section 34 very freely but not to complete such proceedings quickly. The Inspecting Officers should try to correct this tendency, wherever it comes to their notice. Return No. XI- Statement showing the progress of disposal of Trial Register cases. This statement shows the disposal of Trial Register cases. Column 4 would show the last annual number of the cases in the month to which the Return relates. Figures in column 5 should be collected from the separate Demand and Collections Register maintained for Trial Register cases which end in ‘N.A.’ The figures in columns 6 to 8 should be collected from the section of the Demand and Collection Register meant for Trial Register cases resulting in demand or refund. Return No. XII.—Return showing the number of unsuccessful appeals. The Return has been prescribed to watch improvement in the quality of assessments. The from is selfexplanatory. The following instructions should however, be followed by the Deputy Commissioner of Taxes its preparation.— (i) Columns 2 and 3.—The circles and the names of the Deputy Commissioner of Taxes in columns 2 and 3 in the Commissioner’s consolidated return should follow the same order as in the Incometax Returns and . (ii) Column 4.—In this column should be included only those cases where there was a gross demand, that is, where “the total income” exceeded the minimum not liable to tax (at present Tk. 12,000). The number of cases where a demand is made should be collected from the Demand and Collection Register (I. T. 41). The number should include only orders under section 23 and 34. (iii) Columns 6, 7 and 8.—These columns should be filled from the Appeal Register (I.T.77) maintained in the Deputy Commissioner of Taxes Office. (iv) Column 9.—The appellate orders (only those against orders under sections 23 and 34) when received in the Deputy Commissioner of Taxes office should be immediately given a serial number and this serial number should be shown as a denominator below the “date of disposal” in column 7 of the Register of Appeals (I. T. 77). This number should start at the beginning of the financial year and the series continue till the end of the year. The last number at the end of any month will show the number of such appeals decided during the year till then. (v) Column 10. – Number of unsuccessful appeals till the end of the year; Appeals will be considered as “unsuccessful” when the assessment is either “confirmed (C)” or 119 “enhanced (E)”. There would be only one running serial for unsuccessful appeals (not one serial for “C” and another for “E”) and such serial number should be given against the letter “C” (confirmed) or “E” (enhanced) in column 8 of the Register of Appeals. The last number against “C” or “E” at the end of any month will be the number of unsuccessful appeals during the year till them. Monthly return of appeals filed and disposed of by the Appellate Joint Commissioners.—This Return is submitted by the Appellate Commissioners to the National Board of Revenue direct, a copy being sent to the respective Commissioners of taxes & Director of Inspection (Taxes), Dacca. B. – PERIODICAL RETURNS Periodical Returns include the 4 monthly, 7 monthly and 9 monthly budget estimates, which are sent to the Board in form. I T. 120 along with progress of assessment and other statements. Estate Duty. –A report in the following form is submitted by the Deputy Commissioner of Taxes to the National Board of Revenue as and when the information is available:-Serial No. Name of deceased person. Date of death. Name of representative address. 1 2 3 4 Assessed income for last three assets. ---------------------Year. Amount. Details of property (with location). Approximate value or amount. Details of settlement and of assets referred to in sec. 16(1)(c) & 3. 1. Land. 2. Building. 3. Business assets. 4. Stock and shares. 5. Bank deposits. 6. Other moneys. 7. Other movables. The report is required of the estate of the deceased person coming to the notice of the Deputy Commissioner of Taxes from the assessment proceeding or other source. Estates of a value exceeding rupees one lac are dutiable. The Deputy Commissioner of Taxes will report cases where the estimate value of property (movable and immovable) of a deceased person amount to tk. 50,000 or more. 120 Immovable property situate outside the Bangladesh is not dutiable, but such property should be taken into account in reporting cases to provide an indication of the total testamentary wealth of the deceased person. Likewise, properly dedicated by way of Waqf is not dutiable, but such property should also be included in the report. Life insurance moneys payable on death constitute property which is dutiable, to the extent of the amount over Rs. 20,000 and where there is evidence of such insurance money becoming payable, full particulars should be reported. Particulars of settlements and of assets and partnerships falling within clause (c) of sub-section (1) and subsection (3) of section 16 of the Income-tax Act should be included in the report. Copies of the following documents, if available, should be attached to the report :(1) Profit and loss account and balance sheet, for the last three years. (2) Depreciation account. Where the position cannot be’ adequately presented in the form reproduced above, the form may be suitably adapted to meet the requirements of the case; or supplementary details may be given in a separate statement. [C. No. 5(1) E.D. 50, dated 8th May, 1950]. Statement showing irrecoverable Demands of Income-tax written off for Quarter ending............The report should be submitted on the shown in the schedule. Estate Duty. – Consolidated quarterly reports in respect of estate duty are sent to the Board by the Commissioners in the form already reproduced under heading “Periodical Returns—Estate Duty”. [C. No. 5(1) E.D. 50, dated 13th January, 1951]. Annual Statements. – These statements comprise of an Annual Administration Report and All- Bangladesh Statements (1 to 9) described as hereinafter; (a) Annual Administration Report.—This report is submitted to the National Board of Revenue on or before the 15th August of the year following to which it relates. It contains the Following items of information; 1. Important changes in income-tax law. 2. Salient features of trade during the previous years. 3. Summarised statement of Demand, collection, Refunds, etc. 4. New assessees discovered and the number of old assessees struck off. 5. Extra tax realized on account of the activities of the Department. 6. Methods of evasion. 7. Coercive measures and prosecutions. 8. Money lenders and the co-operative movement. 121 9. (i) Effect on revenue of the amendment of Section (4) making foreign income liable in certain cases. (ii) Effect on revenue of the amendment of Section 22(1). (iii) Effect on revenue of the amendment of Section 24. (iv) Effect on revenue of the 47A of the I.T. Act. [C.No. 1(1) I.T.P. 51, dated 27th November, 1951]. 10.Miscellaneous The report should deal with the items specified above except Nos. 1,9(i) and 9(iii) information regarding which is available in the Boards office and will be included in the consolidated report prepared by the Statistician. In regard to item 9(ii) it is generally the new cases in which returns may have been made under Section 22(i) it is unless the Deputy Commissioner of Taxes has served a notice under Section 22(2). There should be no difficulty in supplying information regarding the new cases in which returns are made voluntarily. The summarised statement of demand and collection (item 3) should be in the following forms .— Income-tax Super-tax. Total. (1) Balance on 1st July, 19 .. .. (2) Total demand made in the current year .. (3) Total of (1) and (2) .. .. .. (4) Total remission on account of reduction or write off .. .. (5) Net demand for collection .. .. .. .. (6) Net collection against (5) after deducting refund due to remission as per (4) (7) Balance on 30th June, 19 (8) Excess collections .. .. .. .. .. .. .. (9) Total refunds cashed excluding refund on account of remission [vide (6) above] .. The figures included in the above statement should be exclusive of surcharge. The net demand of surcharge (less refund) of the year under report should, however, be mentioned in a sub-paragraph to paragraph 3 of the report. The requisite date for the compilation of the statement referred to above will be readily available from the All Bangladesh Statement No. 1 to be compiled by the Commissioner. 122 Item 6 need not contain a very detailed account of the various methods on evasion generally adopted as it is undesirable that all methods of evasion that have come to the notice of the notice of the Department should be revealed to the public. It should be sufficient if a brief account of the principal methods of evasion resorted to with a few important examples is included so that public interest in the report may be maintained. The information to be shown under the heading “Extra Tax Realised on account of the activities of the Department” will not readily be available from any prescribed register or statement and will, therefore, have to be worked out by the Deputy Commissioner of Taxes themselves. The main items of the extra tax to be shown, however, will be the tax which a ssessees have tried unsuccessfully to conceal including the extra tax realised as the result of the scrutiny of cases by the Board and the tax collected from new assessees discovered through various activities of the Department. Commissioners should obtain from the Deputy Commissioner of Taxes a statement in the following form and send a consolidated statement as paragraph 5 of their annual administration reports, instead of merely stating the amount of the extra tax realised on account of the activities of the Department. 123 STATEMENT OF THE EXTRA TAX REALISED ON ACCOUNT OF THE ACTIVITIES OF THE DEPARTMENT 1. Tax. S. Tax. Total. Remarks. 1 2 3 4 A. Amount of tax which tax which the assessee tried unsuccessfully to conceal representing the difference between the tax assessed and tax which would have been assessed if the attempted concealment were not detected. B. Amount of tax realised on account of scrutiny of cases by the Board including instruction given by the Director of Inspection- representing the difference between the tax assessed and the tax which would have been assessed, if no scrutiny were made or instructions given. C. Tax assessed on new assessees. Regarding items ‘A’ it is not necessary in all cases to show the difference between the tax assessed and the tax on the income returned. What should be shown is the difference in the figures of tax as described against ‘A’ above, in respect of those cases only in which assessee have tried to conceal the real income or otherwise attempted legal evasion. No difficulty is likely to arise regarding items ‘B and ‘C’. It should, however, be noted that for all the items A, B and C the extra tax realised from assessees as the result of action taken under section 34 should also be shown against the respective items. Deputy Commissioner of Taxes should also maintain a register for keeping a record of the requisite figures in respect of such assessee falling under A, B or C above, as and when the assessment is completed, so that the accuracy of the figures given in the statement referred to above may be easily checked. The form of register should be as below :- G. I. R. No. of the assessees’ Amount of tax which the assessees tried unsuccessfully to conceal representing to conceal representing the difference and tax which would have been assessed if the been assessed if the attempted concealment were not detected I. Tax Amount of tax realized on account of scrutiny of cases by the Board including the instruction given by the Director of Inspection representing the difference between the tax assessed and tax which would have been assessed if no scrutiny were made or instruction given. S. Tax Tax I. Tax assessed on new assessees indexed during the year. I. Tax Tax S. Remarks. 124 106. All Bangladesh Statements.—The all Bangladesh Statements are 9 in number. They are due in Statistician’s Office on the 1st of July of the year following to which they relate. All Bangladesh Statements No. 1, 1A, 2, 2A, 5, 6 and 7 should continue to be submitted to the office of the Statistician, National Board of Revenue, while the rest of the statements should be submitted to the Board. The statement of prosecution and compositions has been made a part of All Bangladesh Statement No. 7 and classified as Appendix D, in addition to the existing Appendices B and C. (i) All Bangladesh Statements No. 1.—This statement is a summary of Income-tax and Super-tax demand, collections and arrears in each financial year. (ii) All Bangladesh Statement No. 1A.—This statement is a summary of Penalties and compositions levied and collected under the Income-tax Act during the financial year. (iii) All Bangladesh Statements No. 2.—This statement is an analysis of net receipts (except receipts of taxes deducted at source from Salaries, from Interest on Securities and from other payments) for the purpose of allocation of revenues. (iv) All Bangladesh Statement No. 2A.—It is a summary of tax deducted from salaries, from interest on securities and from other payments made during the year ended 30th June. (v) All Bangladesh Statement Nos. 3, 3-A, 4, 5 and 6 are prepared in Board’s Office from the batches of I, T. 30 forms sent to the Statistician by the Deputy Commissioner of Taxes of Commercial Circles and the annual consolidated statement sent to the Statistician by the Deputy Commissioner of Taxes Salaries Circle in July every year in lieu of fortnightly batches of I. T. 30 and the annual consolidated statement in respect of revision of preceding years assessment or refund proceedings resulting in new or fresh demand or refund (vide paragraph 59). (vi) All Bangladesh Statement No. 3.—This statement is an analysis of the Net Demand of Incometax and Super-tax according to the class of income assessed. (vii) All Bangladesh Statement No. 3-A. This statement is an analysis of the Net Demand of Incometax and Super-tax according to the class of income assessed under section 34 of the Income-tax Act, 1922. (viii) All Bangladesh Statement No. 4.—This statement gives Trade Classification of Business and Professional income assessed to Income-tax and Super tax. (ix) All Bangladesh Statement No. 5. – This statement gives Classification of Income-tax Demand according to the grades of total income and class of assessee. (x) All Bangladesh Statement No. 6.—This statement gives Classification of Super-tax Demand according to the grades of total income and class of assessee. 125 The Commissioner of Income-tax furnish information in respect of E.P.Y only for All Bangladesh Statement No. 5 and 6. (xi) All Bangladesh Statement No. 7.—This Statement shows the number of assessments, appeals, petitions and references to High Courts and all particulars regarding penalties prosecutions, and compositions, irrecoverable demands and interest allowed under Section 46(7) during the year ended 30th June. (This statement is also knows as Appendix A). Appendix B.—It is a statement of appeals under Section 30/33 and revision under Section 33A for the year 197 -197.................................................................It excludes number of appeals and revisions petitions disposed of including arrears of previous years number of appeals and petitions annulled, reduced, enhanced, set aside, confirmed, varied and cancelled during the financial year. Appendix C.—It is a statement showing the number of cases decided by the High Court Division, Subprime Court, Appellate Division during the year 19-19, It gives details of the number of cases in which Department— wholly succeeded, assessee wholly succeeded or both the parties partly succeeded along with the main points decided in favour of Department or the assessee or others and the increase or decrease in the taxes as a result of the decisions. Appendix D.—This is a statement showing prosecutions and compositions in relation to All Bangladesh Statement No. 7 for the year ended 30th June 19. It gives details of the prosecutions and compositions ending at the beginning of the year, instituted during the year, withdrawn or disposed of during the year together with the number of successful prosecutions, prosecutions pending at the close of the year, cases which have been compounded and the amount of the composition money. (xii) All Bangladesh Statement No. 8.—It is a statement showing verified figures of Income-tax receipts and refunds under various minor heads opened under major heads. (xiii) All Bangladesh Statement No. 9.—This statement shows the number of appeals filed and disposed of etc, by the Appellate Joint Commissioner of taxes ................................................................................................................................................(Range)............................. ......................................................................................................................................................................................... during the year 196 -196. Annual Consolidated Statement.—This statement is in respect of revision of preceding years assessment or refund proceedings resulting in new or fresh demand or refund. An annual consolidated statement of amount of increase in tax demanded and refund allowed resulting from all revisions of preceding years demand are prepared and forwarded by the Commissioner of Taxes to the Statistician within one month of the end of the year to which it relates. Annual Statement in respect of Salaries Circle.—This statement is also sent to the Statistician to the National Board of Revenue within one month of the close of the year to which it relates. In addition to the reports, returns and statement (monthly, periodical, quarterly, half-yearly and annual) discussed above, a monthly statement is sent to the Register of the Income-tax Appellate Tribunal on or before the 126 10th of each month showing the names of the appellants and the reduction or enhancement made in the appeals decided by the Tribunal during the month next preceding the last. CHAPTER IX COPIES AND INSPECTION OF RECORDS Grant of Copies.—Copies of papers in assessment and miscellaneous records should be granted only to the assessee to whom they relate or to some person duly authorised by him in this behalf. One copy of assessment order, order under Section 25-A, order under Section 26-A and order of penalty under Section 28, should be supplied to the assessee free of charge as soon as the order is passed, and extra copies of any order passed under any section of the Act as well as copies of papers filed by the assessee should be issued in accordance with the general rules made for the issue of copies of papers in judicial records. The date of the receipt of an application for a copy, the date on which the copy is ready and the date of delivery of copy to the applicant should be noted on the backed of the copy, and on the back of the application which, after issue of the copy, should be placed in the miscellaneous record of the assessee. A register of applications for copies should be maintained in the form prescribed for the purpose. Inspection of Assessment Records—Assessee’s Right of.—The assessee has no right to inspect his assessment file either in person or through a representative. There may be cases in which it would be unreasonable to refuse the assessee or his representative access for the purpose of reference to original documents filed in the case of which the assessee is entitled to have copies, especially if they are very bulky, (e.g., balance sheets), or such that a copy would not serve the purpose completely. The Commissioner, Appellate Commissioner, Inspecting Commissioner and the Deputy Commissioner of Taxes have full discretion, when any proceeding is actually going on, to allow the assessee or his duly authorized representative to inspect in their presence any paper of which the assessee is entitled to have a copy. 127 CHAPTER X DESTRUCTION OF RECORDS The following records, forms, registers and books shall be retained for the periods mentioned against each, and then, where necessary, be destroyed :A.—INCOME TAX (I) Assessment Records Serial No. Form No. Class of record, register, etc. Period of retention. Remarks. 128 1. I.T. 38 Miscellaneous file .. 8 years 2. I.T. 40 Assessment record .. 20 years 3. I.T. 46-A Depreciation record .. Permanently 4. I.T. 125 Permanent notes .. Permanently. 5. I.T. 125 Returns .. 12 years (ii) .. Miscellaneous files of last 3 completed assessment in the records and the remaining 5 earlier years in the record room. .. Records for 1918—20 to be retained permanently. .. Returns for last 4 years in file and for the remaining 8 years in the record room. records Other 6. I.T. 32 5 years. Counter foil of Refund Vouchers. 7. I.T. 33 .. Permanently. Exemption Certificate 8. I.T. 36 General Index Register 9 I.T. 41 .. 5 years after consignment to record room or when the new register is compiled whichever is later. 10 years .. Register of 19-18-20 to be retained permanently. Demand and Collection Register Ditto. 10. I.T. 44 11. I.T. 44-A .. 5 years...... Daily Collection Register .. 5 years. Register of Daily Refunds 12. I.T. 48 .. 5 years. Salary Register 13. I.T. 49 Register of Tax Recovered on interest on securities of Local Authorities and Companies. Serial No. Form No. Class of record, register, etc. Period of retention. Remarks. 129 14. I.T. 53 Register of reference to and from other Districts. 5 years 15. I.T. 66 Correspondence (Receipt and Issue) Register 5 years 16. I.T. 67 Daily Stamp Account 3 years 17. I.T. 74 Register of proceedings under section 46(2) of Income tax Act. 10 years after consignment to record. 18. I.T. 77 5 years after completion. 19. I.T. 78 Register of appeals under section 30, 33 and petition under section 66 of I.T. Act. Register of Irrecoverable Demand 20. Register of information slips 5 years 21. I.T. 93 & I.T. 93-B. Nil. 5 years 22. Nil. Register of Tax Recovered from payments to non-residents. Register of Distress Warrants 23. Nil. 3 years 24. Nil. Register of cases in which action under section 35 of I.T. Act was taken. Register of Registered firms 25. Nil. Register of application for copies. 26. Nil. Forward Diary... .. (iii) Miscellaneous Ditto. 5 years 5 years after completion. 5 years . 2 years records 27. 28. 29. S.Y. 240 S. 37 S. 48 Register of Forms and Stationery. Attendance Register ... Register of Books and Publications. 3 years 2 years Permanently. 30. S. 38 Station Dak Book or Peon Book. 5 years. 31. S. 92 File Register Permanently. ... .. One register should be for 5 years and cases of uncollected demand brought forward to new register. No entry register in respect of penalties imposed under section- 46(1). 130 Serial No. Form No. Class of record, register, etc. Period of retention. 32. S. 150 Register of Furniture (Stock Register). To be retained until a revised register duly attested by the Head of Office is prepared. 33. S. 189 Leave Register 5 years. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Cash Book ... .. Salary Bill Books (Gazetted) T.M. Bills (Gazetted) ... Salary Bill Books (Non- gazetted) T.M. Bills (Non-gazetted) .. Acquittance Roll .. Contingent Register .. Service Book .. Office Order Book .. Circular Files . . .. Office Inspection Book .. Periodical Reports and Returns. T.R. 4 T.R. 16 T.R. 20 T.R. 22 T.R. 25 T.R. 28 T.R. 29 A.T.C 4 Nil Nil Nil Nil ... .. B. Permanently. 35 years. 5 years. 35 years. 5 years. 35 years. 5 years. Permanently. Do. Do. Do. 3 years. PROFITS TAX EXCESS 46. E. P. 21 46. A. E. P. 40 47. .. 48. .. 49. .. Demand and collection Permanently. Register. Register of Deposits ... All other registers .. All assessment and other 20 years after records. the year after the year in which assessment of the last C. A. P. was completed. Periodical Reports and Re- 3 years. turns. C-BUSINESS 50. B. P. 2. 51. I.T. 38 52. I.T. 125 Sub File ... Miscellaneous File Returns ... .. ... .. Do. To be destroyed. PROFITS TAX. Permanently. 10 years. 20 years. Remarks. 131 Serial No. Form No. Class of record, register, etc. 53. B P 15 54 .. Period of retention. Demand Register and Collection 10 years Periodical reports and returns 3 years. D- SALES- 10 years. 3 years. ACT, 1948 TAX 55. S.T. 18 5 years after consignment to record room or when the next register is compiled whichever is later. General Index Register .. 56. S.T. 18A 5 years after consignment to record room or when the next register is compiled is later. Supplement to Column 4 of General Index Register 57. S. T. 19 5 years. Register of Daily Collection 58. S. T. 20 10 years. Register of Demand and Collection 59. S. T. 21 5 years. Register of Refund ... Refund order ... .. 60. S. T. 22 5 years. 61. S.T. 29 20 years. Sates-tax assessment record file. 62. S. T. 31 5 years. Distress Warrants ... 63. S. T. 35 5 years. Register of Sales-tax assesees in whose case exemption certificates are issued. Register of Dealers in the jurisdiction of one officer assessed by officer of another area. 64. S. F. 36 65. S. T. 37 Register of dealers under Rule 6 of the Sales-tax Rules, 1948. 5 66. 6S.T. 38 Register showing number of licences issued. 5 years. 67. Periodical reports and returns. Turns 3 years. .. years. Remarks. 132 Serial No. Form No. Class of record, register, etc. Period of retention. Remarks. E—SALES-TAX (ACT OF 1951) (i) Assessment records. 68. SS. T. 29 Assessment record .. 69. SS.T. 39 Miscellaneous record .. 5 years. 70. SS.T. 26 Demand and Collection Register. 10 years. 71. SS. T. 29 General Index Register 5 years. 72. SS. T. 30 Distress Warrants .. 5 years. 73. SS T. 31 Daily Collection Register .. 5 years. 74. Nil Register of proceedings under section 13 of the Sales-tax Act, 1951. 10 years consignment record. 75. Nil Register of applications under sections 14, 15 and 16 of the Sales-tax Act, 1951. 5 years. 76. Nil Register of irrecoverable demand. 5 years completion. 77. Nil Forward Diary 2 years. 78. Nil. Periodical Reports and Returns. .. .. 20 years. 3 years. after to after 133 CHAPTER XI SUITS (1) Notice under section 80 of the Civil Procedure Code of 1908 to sue the Government about matters relating to Income-tax Department should be given in writing to the Secretary to the Ministry of Finance, Government of Bangladesh. The Secretary as a rule directs such notices to the Commissioner of Taxes. If any such notice is received by the Deputy Commissioner of Taxes or the Inspecting Joint Commissioner of Taxes, he should submit it immediately to the Commissioner of Taxes. (2) In important or difficult cases it would be appropriate for the Commissioner of Income-tax to send to the National Board of Revenue, a copy of the notice of suit even before any plaint has been filed. In ordinary cases, the procedure may be dispensed with. (3) The Commissioner of Taxes should consult his legal adviser and report to the N.B.R. what action he proposes to take submitting copies of the plain and of the written statement that he proposes to file, if he recommends that the suit should be defended. (4) When there is no time to take the Board’s instructions, the Commissioner of Taxes must of course exercise his own discretion, in consultation with his legal adviser as to the action to be taken, but he should always submit a report to the Board with copies of the plaint and written statement. 134 APPENDIX--A 135 136 APPENDIX LIST OF FORMS IN “I.T. SEREIES” Form No. Description of Form. Remarks. Pages. 1 2 3 4 I.T-1 Application for registration of a firm under section 26-A of the Income-tax Act, 1992 .. .. .. Loose 82-83 I.T. 1-A Application for the renewal of registration of a firm under section 26-A of the Income-tax Act, 1922 .. .. Do. 84-85 I. T. -2A List of persons to whom salaries, pensions, annuities, gratuities, commissions, bonuses, or any other sums chargeable to income-tax under Section 7 of the Income-tax Act, 1922, have been paid during the month ended 19 with particulars of the amounts due but not paid and the Incometax and super-tax deducted. Do. 86-91 Statement of particulars to be furnished by the person responsible for paying income chargeable under the head “Interest on securities” at the time of deduction of tax under section 18(3). .. .. .. .. .. Do 92 Statement of particulars to be furnished by the person making deductions under sub-sections (3-A), (3-B) and (3-C) of section 18 at the time of deduction of tax .. Do 92 I.T.-4 Form of Annual return of employees under section 21 Do 93-97 I.T.-5 Memorandum of enquiry concerning assessees omitted from the annual return (from I.T.4) under section 21 of the Income-tax Act, 1922.. .. .. Do. I. T-3 I.T.-3A I.T.-6 98 Reminder to remit Income-tax collected on salaries of employees .. .. .. .. .. .. Do. 98 Monthly statement of account to be furnished by the Deputy Commissioner of Taxes to the Acct, Offices in connection with refunds made by money orders .. .. .. Do. 98-99 I.T.-8 Statement of cheques drawn and cashed Do. 100 I.T.-9 I.T.-10 Schedule of monthly settlement with Treasury Officers .. Notice under Section 22(2) and 38 of the Income-tax Act, 1922 ... .. .. .. .. .. Do. 1 01 Do. 102-103 I.T.-10-A Notice under section 22(4A) of the Income-tax Act, 1922 Do. 103 I.T.-10-B Statement of Assets and Liabilities Do. 103-104 I.T.-11 Return of total income and total world Income under subsection (1) or (2) of Section 22 of the Income-tax Act, 1922.. Do. 105-120 Form of certificate of total income and total world Income under sub-section (1) of section 22 of the Income-tax Act, 1992 for persons who derive income chargeable under the head a “Salaries” only ... .. Do. 121-122 I.T.-7 I.T.-11-A .. ... .. .. 137 Form No. Description of Form. Remarks. Pages. 1 2 3 4 Form of certificate of total income and total world income under sub-section (I) of section 22 of the Income tax Act, 1992 for persons who derive income under the head “Salaries” and also income from other sources. Loose 122-123 Notice under section 22(4) of the Income-tax Act, 1922 .. Summons to assessees/witnesses under Section 37 of the Income-tax Act, 1922 .. .. .. Do. 123-124 Do. 124 I.T.-15 Notice of demand under Section 29 of the Income-tax Act, 1922 .. .. .. .. .. Do 124 I.T.-15-B Notice of demand under Section 29 of the Income-tax Act, 1922, for payment of tax provisionally assessed under Section 23-B of the Act .. .. .. .. Do 125-126 I.T.-16 Form of appeal against assessment to Income-tax .. Do 126-127 I.T.-18 Notice of date fixed for the hearing of an appeal under section 31/32 of the Income-tax Act, 1922 .. Do. 128 Certificate under section 46(2) of the Income-tax Act, 1922 .. .. ..` Do. 128 I.T.-21` Distress Warrant, Section 46(3) of the Income-tax Act, 1922 Do. 129 I.T.-22 Application for refund of Income-tax/Super-tax Do. 130 I.T.-30 Assessment form (Form B) .. Do. 131-138 I.T.-31 Challan form .. Do. 139 I.T.-31-(a) I.T.-31-(b) I.T.-32 Receipt for Income-tax (ordinary collection) Do. Do. Book. 140 141 142 I.T.-32-A I.T.-33 Advice of refund of Income-tax .. .. .. Form of certificate to be given under the proviso to section 18(3) to a person desirous of securing deduction of Incometax at rate lower than the maximum rate on interest on securities .. .. .. .. Do. 143 Loose 144 Do. 145-146 Do. 147 Do. 148 Do. 149 Do. 149-150 Do. 151-152 .. Do. 153-154 .. Do. 155-156 I.T-11-B I.T.-13 I.T.-14 I.T.-20 .. .. .. .. .. .. .. .. Form of order for refund of Income-tax .. I.T.-36 General Index Register .. I.T.-36(A) Trial register I.T.-38 Income-tax Miscellaneous record I.T.-39 Order sheet .. I.T.-40 Income-tax Assessment Record I.T.-41 Register of demand and collections I.T.-44 Register of daily collections .. I.T.-44-(A) Register of Daily refund .. .. .. .. .. .. .. .. .. .. .. .. ..` .. .. .. .. .. .. 138 Form No. Description of Form. Remarks. Pages. 1 2 Depreciation record for ocean-going Steamers and Motor Vessels .. .. .. .. .. 3 4 Loose 157-158 Book 159-169 Do. 170-171 I.T-46 I.T.46-A Depreciation record written down value basis I.T.-48 Register of tax on salaries I.T.-49 Register of tax recovered on interest on securities of local authorities and companies .. .. .. Do 172-173 I.T.-50 Enquiry regarding assessment of branch firms .. Do 174 I.T.-51 Enquiry regarding assessment of branch firms .. Do 175 I.T.-53 Register of assessees in whose case certificates under Section 64 are issued .. .. .. Do. 176-177 I.T.-54 General Survey Register Do. 178-179 I.T.-54-A House Property Survey Register .. Do. 180-181 I.T.-55 Index Card .. Do. 182 I.T.-57 Acknowledgement Slips .. .. .. .. Do. 182 I.T.-57(Rev.) Acknowledgement Slips .. .. .. .. Do. 182-183 I.T.-58 Certificate for electoral purposes Do. 183 I.T.-59 Memo. calling for records on appeal .. Do. 183-184 I.T.-60 Annual indent for forms .. Do. 185 I.T.-61 Confidential Report .. .. Do. 186-189 I.T.-62 Appellate order .. I.T.-66 Correspondence (receipt and issue) Register I.T.-66-A Receipt Register .. .. .. I.T.-66-B Dispatch Register .. .. .. I.T.-67 Daily Stamp Account Register .. .. I.T.-68 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Book. 190 .. Do. 191 .. Do. 192 Loose. 193 Dummy slip for paper taken out of the records from charge of record-keeper .. .. .. .. Do. 194 I.T.-72 Acknowledgement of Receipt of Papers .. Do. 194 I.T.-74 Register of Proceedings instituted against defaulters under section 46 of Income-tax Act, 1922 (XI of 1922). .. Do. 195 Register of appeals under Section 30/33 and petitions under Section 66 of the Income-tax Act, 1922 .. Do. 196 Register of Irrecoverable demands Do. 199 I.T.-77 I.T.-78 .. .. Do. .. .. .. 139 Form No. Description of Form. Remarks. Pages. 1 2 3 4 Application for Relief from Double Taxation under Section 49AA of the Income Tax Act, 1922 .. Loose 198 Application for exemption from Bangladesh Income-tax in respect of Royalties (other than Natural Sources Royalties), Pensions (other than Pensions paid by or on behalf of the Government of Bangladesh). and purchases annuities derived from sources within Bangladesh in the territory with the Government of which the Agreement is made to be filed by an INDIVIDUAL Do. 199-201 Application for exemption from Bangladesh Income-tax in respect of Royalties (other than Natural Sources Royalties), Pensions (other than Pensions paid by or on behalf of the Government of Bangladesh). and purchases annuities derived from sources within Bangladesh in the territory with the Government of which the Agreement is made to be filed by a COMPANY Do. 202-203 Form requiring the person making the payment to deduct the amount of tax from the salary by S. 46(5) .. Do 204 I.T.-86 Notice under section 23(2) of the Income Tax Act, 1922 Do 205 I.T.-87 Special Cover for Income-tax Appeal records Do 206 I.T.-88 Assessment order .. Do. 208 I.T.-88-A Examination Report .. Do. 209-210 I.T.-90 Form of Notice under section 34 of the Income-tax Act, 1922 .. .. .. .. .. .. Do. 210 I.T.-91 Statistics of payments made to contractors .. .. Do. 211 I.T.-93 Form for communication payments of Interest .. Book. 212 I.T.-93-A Form for communicating import/export figures (land customs), etc, from one circle to another .. .. Do. 213 I.T.-93-B Information slip regarding contractor’s contracts Do. 214 I.T.-93-C Form for report of newly registered Companies and Partnership firms .. .. .. .. Do. 215 I.T.-93-D Extracts from the Mineral Survey Register Do. 216 I.T.-93-E Extracts from the House Property Register .. .. Do. 216 I.T.-102 Form for returning defective appeal petition .. Do. 217 I.T.-104 Order of adjustment of refund of tax .. Do. 217-218 I.T.-105 Form for returning defective Return of income Do. 218-219 I.T.-81 I.T.-81-A I.T.-81-B I.T.-85 .. .. .. .. .. .. .. .. .. .. .. .. .. 140 Form No. Description of Form. Remarks. Pages. 1 2 3 4 I.T.-105-A Form calling for documents, statements of information from an assessee .. .. .. .. .. .. Books. 220 I.T.-106 Form for intimating to assessees extension of time .. Do 221 I.T.-107 Return under section 20A of the Income-tax Act, 1922 Do 221 I.T.-110 Form of certificate for the purpose of refund under section 48 of the Income-tax Act, 1922(XI of 1922) .. Do. 222 I.T.-111 Cover for permanent record .. Do. 223 I.T.-112 Form for supplying the refunded with materials to enable him to verify whether the refund granted is correct or not .. .. .. .. .. .. .. Do. 224 Form of declaration to be made under the provision of section 12A of the Income-tax Act, 1922, in respect of managing agency commission .. .. Do. 225-226 I.T.-115 Form of certificate under second proviso to section 42(1) Do. 226 I.T.-119 Identity Card Cover. 227 I.T.-120 Budget estimates of Revenue-III-Corporation tax and IVTaxes on income other than Corporation tax .. Do. 229-240 I.T.-122 Form showing carry forward of losses .. Do. 241 I.T.-123 Inspection report .. .. Book. 242-276 I.T.-124 Form of notice under section 28(3) of the Income-tax Act, 1922 .. .. .. .. .. Loose. 277-278 Cover for Record of returns of Income and connected statements of Accounts.. .. .. .. Do. 279-280 I.T.-126 Form for recording particulars of Dividends Do 281 I.T.-127 Form of reporting taxes and tax free percentages in respect of companies .. .. .. .. Do 282 Form of return of total income referred to in rule 3 of Finance Income-tax Rules, 1943 .. .. Do. 283 Form referred to in Rule 14 of the Finance (Income-tax) Rules, 1942 .. .. .. Do. 284 Notice of Demand under Section 29 of Income-tax Act, 1922 for advance payment of tax under Section 18A(1) of the Act .. .. .. .. Do. 285-287 Note for guidance of assessees regarding the provisions of Section 18A of the Income-tax Act, 1922 .. Do. 288-289 I.T.-134 Register of Demand and Collections under Section 18A Do. 290-293 I.T.-135 Register of daily collections of advance payments under Section 18A .. .. .. .. Do. 294 I.T.-114 I.T.-125 I.T.-130 I.T.-131 I.T.-132 I.T.-133 .. .. .. .. .. .. .. .. .. .. 141 Form No. Description of Form. Remarks. Pages. 1 2 3 4 Loose 295-296 Do 297 Books. 298 50 leaves 299 Loose. 300-301 I.T.-136 Interest Computation Sheet I.T.-137 Chalan for the payment of deposits towards payment of Income-tax, etc. .. .. .. I.T.-138 I.T.-139 .. .. .. Order for the refund of deposits towards payment of Income-tax, etc. .. .. .. .. Order for the payment of interest on deposits towards payment of Income-tax, etc. .. .. .. I.T.-140 Adjustment memorandum I.T.-141 Chalan form of advance payment of tax under Section 18A of the Income-tax Act, 1922 .. .. Do. 302 Form of certificate of Income-tax Assessment to be produced by an applicant for import and export licenses Do. 303-304 Form of Notice under Section 46(5A) of the Income Tax Act, 1922 (XI of 1922) .. .. .. Do. 305 Form-A Application for a certificate under Section 44G of the Income-tax Act, 1922 (XI of 1922) .. .. Do. 306-307 Form-B. Certificate under section 44-G of the Income-tax Act, 1922 .. .. .. .. .. Do. 308 Form-C. Certificate of exemption under section 44-G of the Income-tax Act, 1922(XI of 1922) .. .. Do. 309 I.T.-149 Application for registration as Income-tax Practitioner Do. 310 I.T.-150 Form of Memorandum-Intimating registration as an Income-tax Practitioner ... .. .. Do. 311 Form of verification of Income-tax, Super-tax, etc., receipts and refund under head III- Corporation-tax and IV-Taxes on Income other than Corporation Tax .. .. Do. 312-317 Form of verification of Advance payment of Tax under Section 18-A of the Income-tax Act .. .. Do 318 Form of verification of Deposits under Transfer of Property (Pakistan) Ordinance, 1947 (IV of 1947) .. .. Do 319 I.T.-154 Return No. I .. .. Do. 320 I.T.-154-A Appendix to Return No. I .. Do. 321-322 I.T.-155 Return No. II Do. 323 I.T.-156 Return No. III .. .. Do. 324 I.T.-157 Return No. IV .. .. Do. 326-328 I.T.-158 Return No. V Do. 329-330 I.T.-144 I.T.-145 I.T.-146 I.T.-147 I.T.-148 I.T.-151 I.T.-152 I.T.-153 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. 142 Form No. Description of Form Remarks Page 2 3 4 1 I.T.- 159 Return No. VI .. .. .. .. Loose 331-332 I.T.- 160 Return No. IX .. .. .. .. Do. 333 I.T.- 161 Return No. X .. .. .. .. Do. 334-336 I.T.- 162 Return No. XI .. .. .. .. Do. 337 I.T.- 164 Information of taxed percentage .. .. .. Do. 338 I.T.- 165 Taxed Percentage Card .. .. .. Do 339 I.T.- 166 Income-tax Arrears- Annual List .. .. Do. 340 I.T.- 171 Arrear Statement .. .. Do. 341-342 I.T.- 173 Form of Certificate under section 47A of the I.T. Act, Form-B .. .. .. .. Books of 343 .. .. 250leaves. I.T.- 174 Form for intimating the assessee that no further tax has been found to be payable by him .. .. 344 I.T.- 175 Form for intimating the assessee the amount of Refund due to time .. .. .. .. 345 I.T.- 176 Form for intimating the assessee the amount of tax due from him .. .. .. .. 346 I.T.- 177 Form for calling further particulars like dividend warrants, insurance premium receipt etc. from the assessee .. .. .. 347 .. I.T.- 178 Form of certificate to be furnished by a person claiming relief from I.T. under Section 15E of the I.T. Act .. 348 I.T.- 179(i) Form of case register to be maintained by medical practitioners .. .. .. .. 349 .. Form of case register to be maintained by legal practitioners .. .. .. I.T.- 180 Form of payment book .. .. .. 351 I.T.- 181 Form of receipt book .. .. .. 352 C.I.T.- I Form for intimating to assessee arrears demand under all taxes .. .. .. .. 353 DIT(CBR).-I Form for completing the assessment under the new procedure for self assessment .. .. 354 I.T.- 179(ii) 11 350 .. 143 I.T.-1. FORM A FORM OF APPLICATION FOR REGISTRATION OF A FIRM UNDER SECTION 26A OF THE INCOME-TAX ACT, 1922 To The Deputy Commissioner of Taxes. Dated_______________ 19 . Income-tax year 19 1. We, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . hereby apply for registration of (name in block letters) our firm under section 26A of the Income-tax Act, 1992 (XI of 1992) for the assessment for the year ending on the 30th day of June,19 . 2. *The original of the instrument of partnership under which the firm is constituted *A certified copy *copy specifying the individual shares of the partners together with a thereof is enclosed. *duplicate copy The prescribed particulars are given in the Schedule below. 3. of the instrument(s) of partnership by which the firm *A certified copy/certified copies* was constituted in the previous year and in the period there after up to the date of this application is (are)*enclosed. The prescribed particulars are given in the attached Schedule. (Applicable where there has been a change in the constitution of the firm.) *previous year 4. We do hereby certify that the profits (or loss, if any) of the *period up to the date of dissolution *were/was/will be divided among or credited (and in the case of loss, debited) to the accounts of partners as shown in Section B of the Schedule and that the information given above and in the attached Schedule is correct. (Signature)......................... (Addresses)........................ *Strike out inappropriate words. Note (1).-- This application must be signed by all the partners (not being minors) in the firm as constituted at the date on which the application is made, or where the application is made after the dissolution of the firm by all persons (not being minors) who were partners in the firm immediately before its dissolution and by the legal representatives of any such person deceased. Note (2).-- Paragraph 3 is applicable where there has been a change in the constitution of the firm and should be scored out in other cases. M. 1457(65) C.B.R. 144 SCHEDULE Serial No. Name of partner. Address Date of admittance to partnership. Interest on capital or loans (if any [See Note (1)] Salary, commission or other remuneration from the firm[See Note (2)] Share in the balance of profits (or loss) [See Note (2)] 1 2 3 4 5 6 7 Remarks 8 Section A. (Particulars of the firm as constituted at the date of this application). Section B. Particulars of the apportionment of the income, profits or gains (or loss) of the business, profession or vocation in the previous year between the partners who in that previous year were entitled to share in such income, profits or gains (or loss). (Applicable where the application is made after the end of the relevant previous years) . Note (1).--- If the interest, salary and/or commission is payable (or allowable) only if there are sufficient profits available, this fact should be noted against the relevant item in the Remarks column. Note (2).--- Where any partner is entitled to share in the profits but is not liable to bear a similar proportion of any losses, this fact should be noted in the Remarks column. Note (3).--- Entries in Section B need be made only where the application is made after the end of the relevant previous year. The word “Not Applicable” should be written across all the columns in other cases. 145 FORM B FORM OF APPLICATION FOR RENEWAL OF REGISTRATION OF A FIRM UNDER SECTION 26A OF THE INCOME-TAX ACT, 1922 L.T.-1A To The Deputy Commissioner of Taxes. ............................. Dated. . . . . . . . . . . . . . . . . . . 19 . Income-tax year 19 . 1. We . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . hereby apply (Name in block letters) For the renewal of the registration of our firm under section 26-A of the Income-tax Act, 1922 for the assessment for the year ending on the 30th day of June 19. The firm was registered by 2. An application for the registration of the firm was made the Deputy to Commissioner of Taxes on the 19 31st day of March, 19 the 30th day of June, 19 for the assessment day of year ending on the . but no order granting refusing registration has been passed by the Deputy Commissioner of Taxes, concerned. 3. We hereby certify that the constitution of the firm and the individual *Instrument of partnership shares of the partners as specified in the enclosed *Certified copy of the instrument of partnership previously filed with the said Deputy Commissioner of Taxes have remained unchanged. *Previous year 4. We do hereby further certify that the profits (or loss) of the * period up to the *were/was divided or credited and in the case of loss, date of the dissolution of the firm *Were/Was/Will be debited, to the accounts of partners as shown in the attached Schedule and that the information given above and in the said Schedule is correct. (Signature).............................. (Addresses).............................. *Strike out whichever is inapplicable. Note.-- This application must be signed by all the partners (not being minors ) in the firm as constituted at the date on which the application is made, or where the application is made after the dissolution of the firm, by all persons (not being minors) who were partners in the firm immediately before its dissolution and by the legal representive, of any such person deceased. 146 SCHEDULE Particulars of apportionment of income, profits and gains (or loss) of the business, profession or vocation in the previous year, or the period up to the date of dissolution of the firm between the partners who were entitled to share in such income, profits and gains (or loss). Serial No. Name of partner Address 1 2 3 Note (1).-- Date of admittance to partnership. Interest on on capital or loans if any [See Note if any (1)] Salary, commission or other remuneration from the firm [See Note (2)] 4 5 6 Share in the balance Remarks of profits (or loss) [See Note (2)] 7 8 If the interest salary, commission and/or other remuneration is payable (or allowable) only if there are sufficient profits available, this fact should be noted against the appropriate item in the remarks column. 147 Note (2).-- Where any partners is entitled to share in the profits but not liable to bear a similar proportion of any losses this fact should be noted in the Remarks column. 148 L.T/.2-A. List of persons to whom salaries, pensions, annuities, commissions , bonuses or any other sums chargeable to incometax under section 7 of the Income Tax Act, 1922, have been paid during the month ended 19 with particulars of the amounts paid. The amounts due but not paid and the tax deducted. Address. Name of the employer .............................. Name of person responsible for paying the salary, etc. (if not the employer) Address. Serial No. 1 Name of the employee. 2 Appointment or nature of employment. 3 Total amount of salary, wages, annuities, pensions, gratuities, fees, commission, bonus or profits in lieu of salary and wages including payments made at or in connection with the termination of the employment and advance of the salary, etc. paid during the month. (Give details). Periodical cash allowances like house-rent allowance, entertainment allowance, etc. paid during the month. (Give details). 4 5 149 150 Period for which the salary, wages, etc. referred to in col. 4 and each allowance referred to in col. 5. 6 Salary, bonus and all other sums taxable under section 7 of the Income Tax Act which were due to be paid during the month but were not actually paid. (Full details showing the amount, due date and the period for which the amount was payable, should be given for each item separately. 7 Value of rent-free accommodation or value of any con-cession in rent for the accommodation provided by the employer. (Give the basis of computation and also state whether the accommodation is furnished or unfurnished). 8 Amount of entertainment Value of free conveyance if allowance. any, provided by the employer.(Give details and the basis of computation). 9 10 151 Remuneration paid by the employer for domestic and personal services provided to the employee. (Give details). Value of free or concessional passage provided by the employer. (Give details). Employers contribution to the recognised provident/superannuation fund. Interest credited to the employers account in a recognised provident fund. Estimated value of any benefit or annuity provided by the employer free of cost or at a concessional rate or any other sum not included in the preceding columns. (Give details). 11 12 13 14 15 Estimated total annual income chargeable under the head ‘‘salaries''. Total of columns 4, 5 & Total amount taxable under section 7 of the Income Tax Act. 7 to 15. For the month. 16 TK . 17 Ps. TK . Ps. Up to and including the month. 18 TK . 19 Ps. TK . Ps. 152 Contribution to provident or superannuation fund, life insurance premium etc. etc. exempt under section 15, 15A, 15AA, 15C, 15E, 15F & 58F and the personal allowance. (Give details). Net amount on which tax has been deducted. Amount of tax deducted. For the month. 20 TK. Ps. Up to and including the month. During the month. Up to and including the month. During the month. Up to and including the month. Date on which tax deducted has been paid to the credit of Government. Remarks. 21 22 23 24 25 26 27 TK. Ps. TK . Ps. TK. Ps. TK. Ps. TK. Ps. TK. Ps. TK. Ps. 153 I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being the person responsible for paying the above salaries, etc, do hereby declare that the above list is complete and the particulars given above are correct. Signature. . . . . . . . . . . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . . . . . . N.B.--- 1. Columns18, 21, 23 and 25.- The total amount of salary, etc. received the amounts paid or deducted in respect of provident or superannuation fund, insurance premium, etc., and the amount of tax from the beginning of the financial year or from such month after the 1st day of July as the employee entered the service of the employer should be shown. 2. In the case of an employee who has left the service of the employer progressive totals of the amounts paid, etc., and the tax deducted should be shown up to the last month of the year. 3. The address of the former employer of a new employee and the address of the new employer of an outgoing employee should be given in the remarks column wherever practicable. (2) In cases where the trustees of an approved superannuation fund repaid any contributions to an employee during his life-time but not at, or in connection with the termination of his employment, they shall forthwith send to the Deputy Commissioner of Taxes specified in sub-rule (1) a statement giving the following particulars :1. Name and address of the employee. 2. The period for which the employee has contributed to the superannuation Fund. 3. The amount of contributions repaid: (a) principal; and (b) interest. 4. The average rate of deduction of Income Tax during the preceding three years. 5. Amount of Income Tax deducted on repayment. 3. sections – one those sections Commissioner The statements referred to in sub-rules (1) and (2) shall be drawn up in separate for each place where the employees are stationed and an additional extract of relating to employees who are residing outside the jurisdiction of the Deputy of Taxes referred to above shall also be sent with the statement. 154 17. The application for a certificate under the proviso to sub-section (3) of section 18 of the shall be made in the following from:--APPLICATION FOR A CERTIFICATE UNDER THE PROVISO TO SECTION 18(3) OF THE INCOME TAX ACT, 1922. To The Deputy Commissioner of Taxes. Sir, I, . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .of . . . . . . . . . . . . . . . . . . ... . . . . . . do hereby Declare Total income that my computed in accordance with The provisions of the Income-tax Act, 1922 Total world income was less than the Minimum liable to tax, I therefore request that a certificate Amounted to .Tk. . . . . may be issued to the person responsible for paying interest on securities, particulars of which are given in the Schedule annexed here to not to deduct tax. to deduct tax at the rate of . . .at the time of payment of such interest. Signature . . . . . . . . . . . .. . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . resident and ordinarily resident resident but ordinarily resident I hereby declare that I am In the taxable territories and that non-resident what is stated in this application is correct. Signature. .. . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . (1) (2) (3) (4) (5) Schedule. Description of Securities. Number(s) of securities. Date (s) of securities. Amount (s) of securities. Date (s) on which the amounts are payable. Address. . . . . . . . . . . . . . . . . . . . . . . . . 155 Statement of particulars to be furnished by the person responsible for paying income chargeable under the head "Interest on securities at the time if deduction if tax under Section 18(3). Description of securities Number of securities Dates of securities Amount of securities Period for which interest is drawn Tk. Amount of tax Tk. Place Date Amount of interest Tk. Date on which tax was deducted Ps Signature 19 . Designation I.T:-3A. Statement of particulars to be furnished by the person making deductions under Sub-sections (3-A) (3-B), (3-C), (3-D) and (3-E) of section 18, at the time of deduction of tax. Name and address of the nonresident on whose behalf deduction is made. The date of pay ment and in the case of dividend the date of the declaration of the dividend by the company. The nature of payment The amount paid Tk. The amount of Income-tax deducted Tk. Ps. The amount of Super-tax deducted. Tk. Ps. (i) In the case of interest the rate percent. per annum. then period for which the interest has been paid add the amount on which the interest has been computed. (ii) In the case of dividend the gross amount before deducting Income-tax along with the base of the computation of the gross amount. Place Date Signature 19 . Designation 156 L.T,-4. Deputy Commissioner of Taxes Office Dated 197 Sub:- Annual Returns of Salaries, etc., paid. To Dear Sir(s) I have the honour to invite your attention to Section 108 of the Income-tax, act, 1922, and request you to furnish the required return of salaries etc., paid, in the accompanying form within the period stated there in. Failure to do so will render you liable, under Section 28 of the Income-tax Act, 1922, to penalty which may extend to the Taka. 1,000 and in the case of a continued default for the penalty up to Taka 50 for every day during which the default It continues. 2. House-rent allowances and the value of rent-free quarters of an employee provided by a employer form additions to the remuneration and are taxable even when residence in a particular town or building is necessary for the proper performance of the employee's duties. 3. Basis of charge:- The basis of assessment in respect of any amount chargeable under the head "salaries" is the salary paid to a person or due to him whether paid or not. Any advance by way of loan or otherwise of income chargeable under the head "salaries" is deemed to be salary due on the date when the advance is recovered. Where advance of salary is included in the returns of two years namely in column 9 of the return when the advance is made during the one year and in column 10 when it is due next year, to provide against confusion any sum included in column 10 which has been included in column 9 of a previous return should be shown in red ink separately. 4. Salaries ( and leave salary) paid abroad but earned in Bangladesh :- The salary (including leave pay ) of an employee whether resident of on-resident, is deemed to accrue or arise in Bangladesh wherever paid if it is earned in Bangladesh or if it is paid by or on behalf of the Government to a person in Government service also where "salary" earned in Bangladesh is payable outside Bangladesh no deduction in respect of that payment will be allowed in computing the income of the employer, unless tax has been paid thereon or deducted there from under Section 18. 5. Payments due to or received by an employee in connection with the termination of his employment consisting of employer's contribution and interest, unless the payment is made solely as compensation for the loss of employment and not by way of remuneration for past services should be included under "salary". This does not, however, apply to :(a) any payment from a provident fund to which the Provident Fund Act, 1925, applies, (b) any payment from a provident fund recognised under Chapter IXA of Income-tax Act, if such payment is exempt from income - tax under that Chapter, 157 (c) any payment from a superannuation approved under Chapter IXB of the Income-tax Act made on the death of a beneficiary or in lieu of or in commutation of any annuity, or by way of refund or contributions on the death of a beneficiary or on his leaving the employment in connection with which the fund is established. (6) Particulars of all kinds of benefits, amenities, etc., whether in case or in kind provided to the directors or to the employees free of cost or at concessional rates should be shown in column 13. Particulars of all payments of salary, allowance, provident fund or perquisites, which have for the purpose of deducting income-tax, been treated as exempt should be given in the remarks column, but the furnishing of such particulars in this column does not exonerate the payer from penal action for failure to deduct any tax which by law is deductible or exonerat the employer from furnishing the correct particulars required by this return. Yours faithfully, Deputy Commissioner of Taxes. 158 159 Return under section 21 of the Income Tax Act showing particulars of salary etc. the tax deducted there from and the names and addresses of the recipients. Government officer Local authority Company Public body Association Private employer. Name and address of the S. No. 1 Name of employee Postal address of the employee 2 Appointment or nature of employment 3 Total amount of salary, wages, annuities, pensions, gratuities, commission, bonus, fees or profits in lieu of salary and wages, including payments made at or in connection with the termination of employment and advance of salary, etc., paid during the year ending on the 30th June, 19 . (Give details). 4 Periodical cash allowance like house rent conveyance allowance, entertainment allowance, etc., paid during the year. (Give details). Period for which salary, wages, etc,etc., referred to in Col.5 and periodical cash allowance referred to in Col. 6 was/wer e paid. 6 7 5 Salary, bonus and all other sums taxable under section 7 of the I.T. Act which were due to be paid during the year but were not actually paid. (Full details showing the amounts, due date and the period for which the amount was payable, should be given for each item separately). 8 160 Value or rent-free accommodation or value of any concession in rent for the accommodation provided by the employer (Give the basis of computation and also state whether the accommo dation is furnished or unfurnished). Amount of entertainment allowance. Value of free conveyance if any provided by employer. (Give details and basis of computation). 9 10 11 Interest credited to the assesse's account in a recognised provident Fund. Value of any benefit or annuity provided by the employer free of cost or at a concessional rate or any other sum not included in the preceding columns (Give details). Total of col. 5, 6, 8 to 16. 15 16 17 Employers contribution to the recognised provident or superannuation fund. 14 Remuneration paid by the employer for domestic and personal services provided to the employee. (Give details). 12 Amount liable to tax under section 7 of the Income Tax Act. 18 Value of free concessional passages provided by the employer. (Give details). 13 Contribution to the pro vident or superannuation fund, life insurance premium, etc, exempt u/s 7, 15, 15A, 15AA, 15C, 15E, 15F, and 58F and the personal allowance 19 161 Taxable Income 20 Tax payable Tax actually deducted and paid to the credit of Government. Remarks. 21 22 23 I certify that the above statement contains a complete list of the total amounts paid by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) to all persons who were receiving or to whom was due income on the 30th day of June, 19 , at the rate of Taka . . . . . . . . per annum (being Taka 500 less than the taxable minimum prescribed by the Finance Act for the year) or who have received or to whom was due during the year ended on that day not less than the aforesaid sum in respect of salary, wages, annuity, pensions, gratuity, fees, commission perquisites or profits in lieu of, in addition to, salary or wages, advances of salary payment at or in connection with retirement or any other sums chargeable to income tax under the head "salaries" and (ii) all persons from whose salaries any tax was deducted during the year ended on the 30th day of June 19 , and that all the particulars furnished above are correct. Date................................. Signature..................................... Designation................................. Address....................................... N.B.- 1. The total amount of salary, etc. received, the amount paid or deducted in respect of provident or superannuation fund, insu rance premium, etc. and the amount of tax deducted from the beginning of the financial year or from such month after the 1st day of July, as the employee entered service should be shown. 2. In the case of an employee who has left service progressive totals of the amounts paid etc., and the tax deducted should be shown up to the last month of the year. 3. The address of the former employer, office and the address of the new employer/office should be given where ever practicable. 162 L.T.-5 Memorandum of enquiry concerning assessees omitted from the annual return under Section 21 of the Income-tax Act, 1922. Office of the D.C.T Dated 19 . MEMORANDUM Reference your statement of Income-tax in respect of the salaries of employees for Will you kindly let me know the circumstances in which the name of has been omitted there from. If he has left your service, please communicate to this office the date on which he left, the amount of salary, commission and bonus, etc., paid, if any, and all other sums which were due to be paid at the time of his leaving the service. It is requested that full details showing the amount, date of payment or due date, period for which the amount was due, or was payable, may kindly be given for each item separately. His present address and the place where he has been employed since leaving your service, if known, may also kindly be intimated. I should be obliged if to avoid correspondence, you would in future add explanatory notes whenever a name is omitted for the first time. D.C.T I.T.6. D.C.T. Ward/Circle/Division No........................... Dated 19 . is/are requested to be so good as to remit to this office the amount of the income-tax due to on the salaries of his/their employees for the months of at his/their earliest convenience. D.C.T Ward/Circle/Division I.T.-7. ACCOUNT OF THE D.C.T. FOR THE MONTH 19. OF RECEIPTS Receipt Heads Amount 1 2 CHEQUES AND BILLS Departmental Cheques Taka Ps. Deputy Commissioner of Taxes. (total of cheques drawn during the month ) IV- Taxes on Income-Ordinary Collections. Other Collections Balance decreased *(a)Opening balance. . . . . . . . . . . . . . . . . . . . . Closing balance. . . . . . . . . . . . . . . . . . . . . . Total. Total 3 Taka Ps. Figures passed by the Accountant General 4 Taka Ps. No. and amount of vouchers 5 163 DISBURSEMENTS Charge Heads Amount Total Figures passed by the Accountant General 6 7 8 9 Taka Ps. Taka Ps. Taka Ps. III.- Corporation tax refunds. . . . . . . . . . . . . . . . . . . . IV.- Taxes of Income other than Corporation taxIncome-tax Refunds(a) Ordinary collectionsTaxes paid by Companies. (b) Deductions by Government from Salaries and PensionsTaxes in respect of Central (Federal) emoluments. (a) Payment on account of double income Tax relief granted to Companies. (b) Other Refunds total Refunds IV-Taxes on Income Cash Remittance, etc., between officers rendering accounts to the same Accountant General--Miscellaneous Remittances. b Income Tax Remittances. b Balance increase 4(a)Opening balance. . . . . . . . . . . . . . . . . . . . . . . . . . . Closing balance. . . . . . . . . . . . . . . . . . . . . . . . . . .. Total (a) (b) .. The closing balance at the end of the month should be split up into uncashed cheques, if any, and cash. Remittances into the Treasury of receipts on account of undisbursed money order should be shown here as expenditure. Credits for the receipts should be taken under the relevant refund head if the transaction relates to the same year or as receipt of the department if it relates to previous year. * If the closing balance is less than the opening balance, the difference will appear in the receipts column, but if the balance has increased during the month, the difference will fall in the disbursement column. Certified that the cash balance has been verified and found to be correct. Station Dated M1437(65)C.B.R D.C.T 164 Statement of Cheques drawn and cashed in connection with Income-tax Refunds of the Circle during the month of 19 CHEQUE DRAWN AMOUNT OF Date Cheque No. Refund Name of refund Amount Date Corporation Tax-Refunds Incometax RefundsTaxes paid by companies Incometax RefundsTaxes in respect of Central (Federal) emolumen ts 1 2 3 4 5 6 7 8 9 CHEQUES CASHED Income-tax RefundsPayment on account of double Incometax Relief granted to Companies 10 AMOUNT OF MONEY ORDERS RETURNED Income-tax Super Tax RefundsRefundsOther Other Collections 11 12 Total Date Amount Remarks 13 14 15 16 165 L.T. 9. Schedule of monthly settlement with Treasuries Particulars Treasury Taka Particulars Treasury Ps. Taka Ps. Part II:- Cheques issued and paid Part I:- Cash remitted and acknowledged 1. Difference brought over as per line 5 of the last month's memo. 2. Cash remitted during the month 3. Total .. 4. Amount acknowledged by the Treasury as per receipt attached. 5. Difference (Line 3 minus 4) as explained below. Difference as per line 5 of previous month's memo. 2. Cheques issued during the month 3. Analysis of the differences as per line 5 Received by the Treasury too late for incorporation in the accounts of the month.. 1. Taka Total 4. Cheques cashed-(vide treasury Officer's certificate of issues attached). 5. Difference detailed below. Details of differences Ps. No Particulars of cheques Date Amount Ps. Uncashed cheque Taka Total uncashed cheques Station . . . . . . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . . . . . D.C.T. . . . . . . . . . . . . . . . . . . . . . .Circle I.T. 10 (English) NOTICE UNDER SECTION 22 (2) AND 38 OF THE INCOME-TAX ACT, 1922 G.I. No. Income-tax Year To Dated 1. In pursuance of the provisions of section 22(2) of -19 Office of the D.C.T 19 the Income-tax Act. 1922, you are hereby required to prepare a true and correct statement of your firm's/the family's/the association's/ the local authority's/the company's total income and total world income during the previous year in the attached form (along with such other particulars as are required to complete the form) and deliver it to me at my office duly signed by you/you on behalf of your firm/ you on behaf of your family/you on behalf of the association/you on behalf of the local authority/you on behalf of the Company, within 35 days of the receipt of the notice. 2. The form contains the instructions required for the preparation of the return. If you desire any further information, you should apply to this office. 3. Failure to make the return required by this notice will result in an expert assessment under section 23(4). Failure to furnish the return or to furnish it within the time allowed without reasonable cause or excuse, will entail a penalty under section 28(1) or prosecution under section 51 of the Income-tax Act, 1922. 4. (To firms only). If you wish your firm to be registered or re-registered under section 26A of the Income Tax Act, your attention is drawn to the provisions of Rules 2 to 6A of the Rules made under section 59 of the Income Tax Act. An application in the prescribed form signed by all the partners and fulfilling the requirements of section 26A and of the above rules, is to be filed within the time limit laid down in Rule 2. A copy of the form on which such an application has to be made may be obtained from any Deputy Com missioner of Taxes. 5. You are also required, in accordance with the provisions of section 38 of the Act, to furnish me within the period mentioned in paragraph 1 above with a return of :---(a) (in the case of firms) the names of the partners in your firm with their addresses and the extent of their share; (b) (in the case of Hindu undivided families) Karta) and the addresses; the names of the Manager ( or other adult male members of your family with their (c) the names of any persons for or of whom you are trustee or guardian or agent with their addresses ; (d) the names and addresses of all persons to whom you have paid in the previous year rent, interest, commission, royalty or brokerage or any annuity not being annuity taxable under the head "salaries" amounting to more than Tk. 400 together with particulars of all such payments made. A separate form for making this return is annexed. Failure to furnish the particulars required under section 38, is an offence punishable under section 51 of the Income-tax Act, 1922. Seal. D.C.T. I.T. 10-A. FORM NOTICE UNDER SECTION 22(4A) OF THE ONCOME-TAX ACT, 1922 G.I. No. Office of the D.C.T. To Dated the ...................... .......................... Whereas in connection with the assessment for the year . . . . . . . . . . . . . . . . . . . . . . . . you have made a return under section 22(1) a notice dated has been served on you on . . . . . . . . . . . . . . . . . . . . . . . under section 22(2) of Act XI of 1922, I hereby require you under section 22(4A) of the said Act to furnish a statement in the attached form and verified in the prescribed manner giving particulars of your total assets and liabilities. NOTE- Failure to comply with the terms of this notice will render you liable to a penalty under section 28 prosecution under section 51(d) of the said Act. D.C.T. I.T. 10-B. STATEMENT OF ASSETS AND LIABILITIES Name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 1. Capital--- Per account for period ending on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... DetailsName of ledger account. Amount. (a) (b) (c) 2. (a) (b) (c) 3. Assets outside the account books within and without Bangladesh Landed propertyDetailsHouse propertyDetailsShares, securities and debentures Details (d) Fixed deposits, current accounts, cash certificates and Treasury billsDetails(e) Loans advancedDetails(f) BusinessDetails(g) Cash(h) Jewellery(i) Any other AssetsDetails(j) Assets, if any, standing in the name of wife or husband of the assessee or minor children. (Give details and state whether the asset in question was transferred directly or indirectly to the wife/husband or minor children or was acquired by them with the funds provided by the assessee.) (k) Assets, if any, owned by the assessee or by the wife/ husband or minor children of the assessee but held in the name of a benamidar. DetailsPersonal or other expenses outside the account books for the years for which assessments are pending (separately for each year). Cost Taka. Cost Cost Amount Amount Amount Value Amount Amount Amount DetailsNote:- The date on which a particular asset was acquired should be given if the asset was acquired within five years of the date of this statement. If the asset was acquired more than five years ago, the fact should be mentioned. 4. Liabilities outside the account books (within and without Bangladesh). I declare that to the best of my knowledge and belief the information given in the above statement is correct and complete. Date................................................. Signature..................... L.T. 11 Form of Return of Total Income and Total World Income under sub-section (1) or (2) of Section 22 of the Income-tax Act, 1922. Assessment year 19 Name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Father's/Husband's name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Status: Individual, Company, etc. etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permanent address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Present address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART I Statement of total income and total world income during the previous year ended...............19 Heads of Income. 1 Section A.Bangladesh Income (a) (i.e. salary) SALARIES: wages, annuity, pension, gratuity, fees, Commission, perquisites and profits in lieu of salary or wages, employee's contribution to a recognised provident fund and the interest on the employee's and employer's contribution, etc.) (b) INTEREST ON SECURITIES: (i) Interest from which tax has been deducted. (ii) Interest which is tax-free. (c) PROPERTY: Total amount as per details in Part VI of this Return. (d) BUSINESS, PROFESSION OR VOCATION: (i) Profits and gains as for details in Part IV of this Return. (ii) Share of profits in a registered firm. (iii) Share of profits in an unregistered firm. (e) OTHER SOURCES: Dividends from companies, interest on mortgages, loans, fixed deposits, current accounts, etc., ground rents, sources other than those mentioned Amount Tax of deducted income, at source profits under or section 18. gains. 2 3 Advance tax paid under section 18 A 4 above (Give details). 14 1 2 3 4 Total of Section A Section B.- Foreign Income (GIVE DETAILS) Total Income Total World Income Added Particulars of items Section C.- In this section should be shown any income, profits or gains which are not included in the above Section A or Section B, but which the assessee claims to be not taxable for any reason such as (i) the receipt is of a casual and nonrecurring nature not arising from any business or the exercise of profession, vocation or occupation, or that it is exempt under the provisions of the Income-tax Act, 1922 or (ii) it is not accounted for in the books of account due to non-adjustment of account, or for any other reason. Amounts Taka. 1 2 3 4 5 6 7 8 PART II Statement of sums included in Total Income in respect of which Income Tax and/or Super Tax is not payable. Section A.-- Sums eligible for straight deduction from total income .. .. .. .. 1. Personal allowance . . .. 2. Earned income allowance under section 15A of the Income Tax Act ( i.e. 20 per cent of earned income subject to a maximum of Taka 4000/ -- for business, profession or vocation, 30% for salary up to Taka 20,000/-- plus 25% of the balance if any of the salary income but not exceeding Taka 8,000/ - in any case). 3. Sums deducted from salary payable by the Government exempt under the proviso to sub-section (1) of section 7 of the Act. 4. Sums paid to effect an insurance on the life of the assessee or or on the life of the wife or husband of the assessee or in respect of a contract for a deferred annuity, etc., exempt under section 15 of the Act. ( Please attach the original receipt or a certificate from the Insurance Company). Taka 5. Contributions to(a) a provident fund to which the Provident Funds Act, 1925, applies. (b) a recognised provident fund, (c) an approved superannuation fund, and (d) Interest on contributions to a recognised fund and accumulations thereof exempt from income-tax under section 58F of the Income Tax Act. (Please state the name of the Fund). 6. Investments in savings certificates, [etc., exempt under section 15-AA. 7. Investments in approved industrial public companies exempt under section 15-C. Education 8. Educatioallowance deductible under Section 15-E. 9. 10. Allowance for the purchase of books admissible under section 15-F. *Dividends from companies, subject to a maximum of the first Taka 1,000 plus 20 per cent of the balance. 11. Other items, if any. (Give details). Total Section B.-Sums included in total income but in respect of which income-tax and/or super tax is not payable. 1. Interest on tax-free securities exempt under section 8 of the Income Tax Act. 2. Income from new industrial undertakings exempt under Section 15B of the Income Tax Act. 3. Share in the income of an unregistered firm or an association of persons where the tax has already been paid or is payable on the income by the firm or association. (Give details). 4. Donations to charitable Institutions or Funds exempt under section 15-D of the Act. 5. Other item, if any. (Give details). Total .... PART III Particulars required under sub-section (5) of section 22 of the Income Tax Act, 1922 (a) To be completed in the case of all persons engaged in a business profession or vocation. In the case of a firm, this section should be completed on the firm's return and not on the individual partners return. Name in which the business, profession or vocation is carried on, or, in the case of a firm, the firm's name. Principal place of the business profession or vocation. Location and style of each branch. 1. 2. 3. (b) To be completed in the case of firms only Name and address of the firm 1 (c) Name of each partner 2 Address or each partner 3 Extent of share including interest, on capital or loan account, salary, commission or other remuneration, if any (Give details). 4 To be completed in case where the assessee is a partner in a firm or firms. Name and address of firms Name of each partner including the assessee Address of each partner 1 2 3 Share of each partner including interest on capital or on loan account, salary, commission or other remuneration, if any (Give details) 4 N.B.1. Where there has been no change in the constitution of the firm, the words "No Change, same as in the preceding years" should be written across columns 2-4. N.B.2.- In the case of a registered firm or where an application for registration has been made but no order allowing or refusing of registration has been made, the application for renewal of registration or registration (where registration was refused in respect of the proceeding year) shall also be made. PART IV Particulars of Income from business profession or vocation. (1) In the case of a firm, this part is to be completed in the firms return and not in the partners individual return. (2) If the accounts are kept on the mercantile accountancy or book profit system, a copy of the Manufacturing, Trading, Profit and Loss and Appropriation Accounts and Balance Sheet must be attached to this return. If the accounts are kept on any other system, the name and description of the system must be started and a copy of any statement which corresponds to the Manufacturing, Trading, Profit and Loss Accounts and Balance-sheet in the mercantile accounting system must be attached to this return. In the case of a company, a copy of the Auditors Report and certificate must also be attached. In the case of an assessee other than a company if the accounts are audited, a statement of the audited accounts should accompany the return. Computation of taxable income after adjusting in admissible expenses, etc., list of account books kept and the method of accounting (Whether cash, mercantile or a combination of both) method of valuing, opening and closing stock, the name and style of business, the principal place of ousiness and the name and style and location of branches, if any, a brief statement showing the nature and line of business and other salient features affecting the trend of trade or business or the quantum of profits, the details of the general and other reserves, contingent liabilities and other finance, bad debt, head office expenses, drawings of the partners in the case of partnership enterprise and such other details as may be considered relevant and helpful for the purpose of enabling the assessment to be made as speedily as possible should he attached. The following table may be used as a guide for this purposeTaka Profits or loss as per Profits and Loss Account or other statement corresponding to the Profit & Loss Account for the year ended 19 . Add- (Deduct if the above figure is a loss)Any profits or gain not included in arriving at the above figure or profit. Reserve for bad debts. Sums carried to reserve for provident or to other funds. Interest credited to reserve or other funds. Expenditure of the nature nature of capital Expenditure of the nature of charity of presents Taka Income Tax or super Tax Drawings of proprietors or partners Salaries and commission paid or credited to the proprietor of partners. Interest paid or credited to the proprietor or partners on capital or loans accounts. Rental value of the property owned and occupied Cost of additions to or alterations, extensions or improvements to any of the assets of the business, profession or vocation. Losses sustained in former years and charged in arriving at the figure of profit (or loss) shown above. Depreciation of any of the assets of the business, profession or vocation. Private or personal expenses Any other expenditure not laid out or expended wholly and exclusively for the purpose of the business, profession or vocation. (Give details.) Any other expenditure which is not allowable under the provisions of section 10 of the Income-tax Act. (Give details). Deduct:Any profit or gains, capital sums or other items credited in arriving at the above figures of profit which are not taxable or in respect of which tax has already been paid. (Give details). Interest on tax-free securities Description claimed as shown in Par IV of this return Any allowable expense which has not been charged in arriving at the above figure of profit. (Give details). Net profit (or loss) carried to Part I of this Return Tk. Tk. PART-V Particulars. SECTION A. Statement of particulars prescribed under clause (a) of the proviso to section 10(2) (vi) of the Income Tax Act, 1922, and of the amount of depreciation allowances admissible. Serial No. 1 Description of buildings, machinery, plant or furniture. 2 Written down value as at the beginning of the accounting period 3 Prescribed rate Normal 8 Capital expenditure during the year on additions, alterations improvements and extensions. Initial 9 Additional 10 4 5 Depreciation allowable Normal Initial 11 12 Dates from which the additions etc. referred to in col. 3 are used for the purpose of the business, profession or vocation. Additional 13 If any building, machinery of plant has been sold or plant has been sold or discarded or demolished during the year, show in this column the written down values at the beginning of the accounting period and the date on which it ceased to be used for the purpose of the business, profession or vocation. 6 No. of days of double triple shift working. Double Triple shift. shift. 14 15 Amount on which depreciation is allowable. 7 Depreciation allowable on multiple shift working. Total depreciation allowable cols. 10,11,12 and 15. Remar ks. 16 17 18 Note:- (1) In the case of ocean-going ships, particulars of 'Original Cost' instead of those of the 'written down value' should be furnished. (2) Capital expenditure on any new machinery or plant installed or any new building erected should be shown separately and in the Remarks column against each such entry, in should be indicated that initial deprecation allowable is claimed. SECTION B. Statement of particulars required for the purpose of section 10(2) (vii) of the Income Tax Act. If discarded, destroyed or demolished Items of building, machinery or plant shown in column (5) of section A. If sold, amount for which sold 1 (a) scrap value thereof 2 (b) Amount of insurance salvage or compensation monies received. 3 Net profit or loss 4 Remarks. 5 6 PART VI Income From Property. Seria l No. Name of village or town where the property is situated. Name of street and Number of property Where the property is situated in a Municipal area, the name of the person in whose name the property stands in the Municipal registers. 1 2 3 4 Adjustments to arrive at annual letting value. Whether the property is occupied by the owner or let out. If you are a part owner of the property, state the amount of your share and the names of the other part owners and their shares. Annual municipal valuation of the property Full annual rent payable by the tenant if the property is let. Tenants burdens including rates born by owner, Give details Owners burdens including rates borne by the tenants Give details 5 6 7 8 9 10 Deduction from annual letting value to arrive at net annual value Annual letting value after adjusting for cols. 9 and 10 Onesixth of the annual letting value as in Col. 11 for repairs Premiu m paid to insure the propert y against damage of destruct ion 11 12 13 Interest on a mortgage or any annual charge on the property or interest on capital borrowed for acquiring constructing repairing, renewing, or reconstructing the property. 14 Ground rent paid for the property Local revenue paid for the property Local or Provincial property tax. Collecti on charges paid. Amount claimed on account of the property remaining vacant. Period during which the property remaine d vacant. Total of columns 12 to 19 Net annual value assessable after deduction amount shown in column 21 from amount shown in column 11 15 16 17 18 19 20 21 22 Total income from property. Less- (i) Claim for irrecoverable rent (give details separately). (ii) Income from property exempt from tax. Net income from property carried to part 1 of the return. I declare that to the best of my knowledge and belief the information given in the above statement in parts I, II, III, IV and VI this Return is correct and complete, that the amounts of total income and total world income and other particulars shown are truly stated and relate to the year ended...................................................................and that no other income accrued or arose was received. *me *I the company/local authority. the company/local authority. the firm the firm the association the association the family the family Had during the said year no other source of income I further declare that "I resident and ordinarily resident the company/local-resident but not ordinarily resident. authority. the firm was not resident the association the family. in Bangladesh during the previous year for which the return is made. Date........................................................ Signature....................................... Status............................................. NOTE 1.- The alternatively which are not required in the declaration should be scored out NOTE 2.- The declaration shall be signed(a) (b) (c) (d) (e) In the case of an individual, by the individual himself; in the case of a company or local authority, by the principal officer; in the case of a firm, by a partner; and in the case of a any other association, by a member of the association; and in the case of a Hindu Undivided Family, by the Manager or Karta. THE SIGNATORY SHOULD SATISFY HIMSELF THAT THE RETURN IS CORRECT AND COMPLETE IN EVERY RESPECT BEFORE SIGNING THE VERIFICATION. Form of Return of particulars under Section 38 of the Income tax Act, 1922. To be filled up in the case of Hindu Undivided Families only. Name of family............................................................................................................................. Address......................................................................................................................................... Serial No. 1. Name of adult male members of family Address 2. 3. 4. 5. 6. Representative's signature.................................... Date...................................................... Designation........................................................... (b) To be filled up by Trustees, Guardians or Agents only. Names and addresses of persons for whom the assessee is the trustee, guardian or agent. Names Address Whether trustee, guardian or agent. Signature............................................ Designation........................................ Date.......................................... Address............................................... (c) Statement of the names and addresses of all persons to whom assessee has paid in the previous year rent, interest, commission, royalty or brokerage or any annuity (not being an annuity taxable under the head "salaries") amounting to more than four hundred taka and particulars of all such payments. MII 1457(65) CBR Serial No. Name and address of the person to whom the payment was made. Nature of payment. Amount paid. Date of payment Whether paid in cash in by book adjustment. Signature................................................. Date..................................................... Address................................................... (d) To be filled in by any dealer, broker or agent or any person concerned in the management of stock or commodity exchange. Statement of the names and addresses of all persons to whom the assessee has paid in the previous year :(1) Any sum or aggregate sums in excess of two thousand Taka where the payment represents "differences" paid in settlement of contracts without actual delivery of stocks or commodities; and (2) Any sum or aggregate sums in excess of ten thousand taka where the payment represents sale price in connection with the sale exchange or transfer of capital assets or on whose behalf of from whom the assessee has received any such sum particular of all such payments and receipts. The question whether any payments or receipts relate to the "Capital assets" is a matter to be decided by the Deputy Commissioner of Taxes. The persons required to make the statement should treat all payments and receipts as pertaining to capital assets. Serial No. (Separate statements should be made for payments and receipt). Name and address of the Particulars of the person to whom the transaction in Amount Date of payment was made or on connection with paid or payment whose behalf or from which the payment received or whom the payment was was made or . receipt. received. received. Whether paid, received or book adjustment. 1. 2. 3. 4. Signature....................................... Date.................................................................... Address.......................................................... I.T.-I. From of application for registration of a firm under section 26A of the Income Tax Act, 1922, To The Deputy Commissioner of Taxes. Dated...........................19. Income Tax Year 19. 1. We,............................hereby apply for registration of our firm under section 26A of the Income Tax Act, 1922 (XI of 1922) for the assessment for the year ending on the 30th day of June, 19. 2. The original A certified copy of the instrument of partnership by which the firm is constituted is specifying the individual shares of the partners together with a Copy duplicate copy thereof enclosed. The prescribed particulars are given in the Schedule below. 3. of the instrument(s) of partnership by A certificate cppy/certified copies which the firm as constituted in the previous year and in the period thereafter up to the date of this application is (are) enclosed. the prescribed particulars are given in the attached Schedule. (Applicable where there has been a change in constitution of the firm) 4. Previous year We do hereby certify that the profits (or loss, if any), of the period up to the date of dissolution were/was/will be divided among or credited (and in the case of loss, debited) to the accounts of partners as shown in Section 3 of the Schedule and that the information given above and in the attached Schedule is correct. Signature........................................ Address.......................................... Strike out inappropriate words. N.B.- (1) This application must be signed by all the partners (not being minors) in the firm as constituted at the date on which the application is made, or, where the application is made after the dissolution of the firm. by all persons (not being minors) who were partners in the firm immediately before its dissolution and by the legal representative of any such person deceased. (2) Paragraph 3 is applicable where there has been a change in the constitution of the firm and should be scored out in other cases. SCHEDULE Sl. No. Name of partner Address Date of admittance to partnership 1 2 3 4 Interest on capital of loans if any (see Note 1) 5 salary commission or other remuneration from the firms (see Note 1)* 6 Share in the balance of profits or loss (See note 2) Remarks. 7 8 SECTION A . (Particulars of the firm as per constitution on the date of this application) 1 2 3 4 5 6 7 8 SECTION B . [Particulars of the apportionment of the income, profits or gains (or loss) of the business, profession or vocation in the previous year between the partners who in that previous year were entitled to share in such income, profits, or gains (or loss). (Applicable where the application is made after the end of the relevant previous year.] 1 2 3 4 5 6 7 8 NOTES:- (1) If the interest, salary and/ or commission is payable (or allowable) only if there are sufficient profit available, this fact should be noted against the relevant item in the Remarks column. (2) Where any partner is entitled to share in the profits but is not liable to bear at a similar proportion any losses, this fact should be noted in the Remarks column. (3) Entries in Section B need be made only where the application is made after the end of the relevant previous year. The words 'not applicable' should be written across all the columns in other cases. From of Application for Renewal of Registration of a Firm under Section 26A of the Income Tax Act, 1922. To The Deputy Commissioner of Taxes ........................................... Dated.............................19. Income Tax year 19............... hereby apply for (the renewal of) the registration of our firm (name in block letters) under section 26-A of the Income Tax Act, 1922 for the assessment year ending on the 30th day of the June,19. The firm was registered by 2. An application for the registration of the firm was made. by the Deputy Commissioner of taxes on the day 19 . 31st day of March, 19 for the assessment year ending on the but no 30th day of June, 19 order granting/refusing registration has been passed by the Deputy Commissioner of Taxes concerned. 3. We herby certify that the constitution of the firm and the individual shares of the partners as specified Instrument of partnership in the previously filed with the said Deputy certified copy of the instrument of partnership Commissioner of Taxes have remained unchanged. 4. we do hereby further certify that the profits (or loss) of the previous year have (has) been 1. We Period up to the date of the dissolution of the firm were (was) divided among or credited (and, in the case of loss, debited) to the accounts of partners as shown in the attached Schedule and that the information given above and in the said Schedule is correct. Signature................................... Address................................... Strike out inappropriate words. NOTE.-This application must be signed by all the partners (not being minors) in the firm as constituted at the date on which the application is made or where the application is made after the dissolution of the firm by all person (not being minors)who were partners in the immediately before its dissolution and by the legal representative of any such person deceased. SCHEDULE Particulars of apportionment of income, profits and gains (or loss) of the business, profession or vocation in the previous year or the period up to the date of dissolution of the firm between the partners who were entitled to share in such income, profits, gains (or loss). 121 Serial No. Name of partner. Address 1 2 3 Date of Admittance to partnership Interest on capital or loans, if any [See Note (1)] Salary, commission or other remuneration See from the firm (See Note 2) Share in the balance or profi sor loss [See Note (2)] Remarks 4 5 6 7 8 NOTES.- (1) If the interest, salary, commission and/or other remuneration is payable (or allowable) only if there are sufficient profits available, this fact should be noted against the appropriate item in the Remarks column. (2) Where any partner is entitled to share in the profits but not liable to bear a similar proportion of any losses, this fact should be noted in the Remarks column. 121 I.T. 11-A. FORM A Form of certificate of total income and total world income under sub section (1) of section 22 of the Income-Tax Act, 1922, for persons who derive income chargeable under the head “Salaries” and no income from any other source of where the aggregate income from such other source or sources does not exceed one hundred Taka. Income-Tax Year 19 . Name .......................................................................................................................................... Status Individual Address ....................................................................................................................................... I certify— (i) that during the year ended the 30th June, 19 , I was employed in ------ ------ ................................................................................................................................... . (here state the name and address of the *Ministry/Department/Office/ Company / Firm, etc., in which employed), (ii) that the full amount of income-tax* (and super-tax) payable by me has been deducted from my salary by the employer named at (i) above ---------------------------------Accountant General, ................................................................................ ------------------------------------------------------------------------------------- 122 (here state the name of the audit office passing the pay-bills, etc. ) according to the details given below:-(1) Salary. . (2) .. .. .. .. Tk.--------- Personal allowance .. .. .. Tk.--------- (3) Earned income allowance .. .. .. Tk.--------- (4) Investment allowance .. .. Tk.--------- .. .. Tk.--------- (a) Provident Fund .. Tk.---------------- (b) Life insurance .. T . ---------------- (c) ----------------- ------------ Tk. --------------- (Give details and attach separate sheet, if necessary). (5) Children’s education allowance Total ------------Net taxable income .. .. .. Tk.------- Tax paid or deducted at source . . .. . . Tk.-------;and *I did not have any income from any other source (iii) that............................................................................................................................... my income from sources other than salary did not exceed one hundred Taka. 16 123 2. I further certify that the information given above is correct and complete * resident and ordinarily resident to the best of my knowledge and belief and that I was resident but not ordinarily resident non-resident in the Bangladesh during the previous year ended the 30th June, 19 . Signature.................................. Name in block letters .......................................... Date Status Individual *Delete whichever is inappropriate. ............................ I.T. 11-B. FORM B Form of certificate of total income and total world income under sub-section (1) of section 22 of the Income-tax Act, 1922, for persons who derive income chargeable under the head “Salaries” and also income from other sources such as dividends, interest on securities or interest on deposits in Post Office Savings Bank which is not chargeable to income-tax or in respect of which the full amount of tax has already been paid or deducted at source under section 18 of the said Act. Income-tax Year 19 ...................... Name –––––––––––––––––––––––––––– (in block letters). Status Individual. Address ......................................................................... I hereby certify–– 124 (i) that during the year ended the 30th June, 19, I was employed in ––––––; (here state the name and address of the *Ministry/Department/Office, Company/Firm, etc. in which employed.) (ii) that the full amount of income-tax * (and super-tax) payable by me has * employer named at (i) above been deducted from my salary by the ––––––––––––––––––––– Accountant General ----------------(here state the name of the audit office passing the pay-bills, etc. according to the details given below :(1) Salary .....................................................................Tk.............................................. (2) Personal allowance..................................................Tk............................................. (3) Earned income allowance........................................Tk.............................................. (4) Investment allowance (a) Provident Fund.....................................Tk.............................. (b) Life insurance.......................................Tk............................. (c) ..............................................................Tk.............................. (Give details and attach separate sheet, if necessary). 125 (5) Children’s education allowance.............................................TK........................................... Total............................................Tk.......................................... --------------------------------Net taxable income...................................................................Tk.............................................. Tax paid or deducted at source...................................................Tk............................................ (iii) that I did not have any income from any other source except (a) * Dividend (s) from ––––––––––––––––––––––––––––––––––– [here state the name of the company/Companies and attach certificate(s)] the amount being Tk..................................................; (b) *Interest on securities (including dividends of the Bangladesh Bank––––––––––––––––– [here state the particulars, and attach certificate(s)] the amount being Tk..................................................; (c) Interest on deposits in the Post Office Savings Bank, the amount being Tk.–––––––––––––; (d) Interest from tax ––– except securities–––––––––––––––––––––––––––––––––––– [here state the full particulars of such securities and attach certificate(s).] the amount being Tk....................................................; which is not chargeable to income-tax or in respect of which the full amount of tax has already been paid or deducted at source under section 18 of the Income-tax Act, 1922. 2. I hereby further certify that the information given above is correct and *resident and ordinarily resident complete to the best of my knowledge and belief–––––––––––––––––––– and that I was resident resident but not ordinarily resident non- non-resident 126 in the Bangladesh during the previous Signature............................................. Name in block letters....................................... Date: Status Individual. *Delete whichever is inappropriate. ------------------------ I.T. 13 FORM A Notice under Section 22(4) of the Income-tax Act, 1922 G.I.No Office of the Deputy Commissioner of Taxes Dated the To ............................................................... Whereas in connection with the assessment for the year you have made a return under section 22(1) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––of Act X1 a notice dated has been served on you on under Section 22(2) 127 Of 1922, I hereby require you under section 22(4) of the said Act to produce or cause to be produced at my office at on at A.M. ------the accounts and/or documents specified below:Ledger. Original Vouchers in support of Journal. purchases. Cash Book Carbon copies of the Cash Memo Bank Pass Book(s). Stock Register.. .................................................. Note.--- Failure to comply with any of the terms of this notice will render you liable to a penalty under section 28 of the said Act. Prosecution under section 51 (d) Deputy Commissioner of taxes ---------------------I.T.-14 Summons to Assessees Under Section 37 of the Income-tax Act, witnesses 1922. To Dated...............19 .............................. .............................. Whereas your attendance is required in the matter of the assessment of your income/the income of.............................. you are hereby required personally to attend at my office at....................................................... on the ......................... day of ..........................19 at................o, clock , A.M. ------there to give evidence and/or to produce either personally or through a P.M Representative the undernoted documents, and not to depart until you receive my permission to do so. Failure to so appear without lawful excuse and give evidence or produce the documents is punishable under the provisions of the Civil Procedure Code, 1908 (Rule 12 of Order XVI). 128 (A sum has been deposited for your travelling expenses.) Documents to be produced— Deputy commissioner of taxes Appellate Joint Commissioner. Commissioner. ---------------I.T. 15 Notice of Demand under Section 29 of the Income-tax Act, 1922. To ................................................ Status G.I.R.No.................................. This is to give you notice that for the assessment year 19 .................................................................................................... , the sum of taka ..... ......... ........ as specified in the attached form ........ ...............................................................................has been determined to be payable as penalty under section (s) 25 (2), 28, 44E and 44F by you. 2. Whereas you have not paid the sum of Taka……………………………………………. for the year ------------------------------------ being the installment (s) due on -------------------19 under section 18A of the Act on the prescribed date....................... in accordance with the Notice of Demand, served on you on ....................................................................., you are hereby informed that a penalty. 129 of Taka.......................has been imposed upon you under section 46(1) of Income-tax Act, 1922. 3. You are required to pay the amount on or before the................................................... .........................................................19 to the …………………………………………… Treasury Officer. Sub-Treasury Officer Sonali Bank At Bangladesh Bank When you will be granted a receipt, A chalan is enclosed for the purpose, 4. If you do not pay the amount on or before the date specified above, you will be liable under section 46(1) to a penalty which may be as great as the tax due from you. 5. You are further warned that unless the total amount due, .................................. including this penalty, is paid on or before...................................... 19 , a further penalty will be imposed on you (and a warrant of distress will be issued for recovery of the whole amount due with costs). 6. If you intend to appeal against the assessment/penalty, you may file an appeal under Sub-section (1) of Section 30 of the Income-tax Act, 1922 to Clause (a) of Sub-section (1) of section 33 the ...............................................................Appellate Joint Commissioner of Taxes. Range ...................................................................Income- tax Appellate Tribunal ............................... thirty days of the receipt of this notice. within.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– sixty days of the date on which the order appealed against is communicated to you but no appeal will lie against an order under sub-section (1) of section 46 unless the tax has been paid. Deputy Commissioner of Taxes Address................................... 19 . I.T. 15-B 130 Date................................. Place............................... Notice of demand under Section 29 of the Income-Tax Act, 1922 Act, for payment of tax provisionally assessed under Section 23 B of the Act. Office of the Deputy Commissioner of Taxes Div./Circle G.I.R No. To .................................................. .................................................... ................................................... Take notice that for year..................................................................................... the assessment the sum of Tk.......................has been provisionally determined to be payable by you under Section 23B of the Income-tax Act, 1922. Delete inappropriate Paragraphs and words. 131 2. You are required to pay the........................................................ the above sum on or before Treasury Officer –––––––––––––– Sub-Treasury Officer ................................to the –––––––––––––––– Sonali Bank ––––––––––––––––– Bangladesh Bank at................ when you will be granted a receipt. A chalan is enclosed for the purpose. 3. If you do not pay the above sum on or before the date specified above, you will, without prejudice to any other consequences which you may incur, be liable under section 46(1) of the Income-Tax Act, 1922, to a penalty which may be as great as the tax due from you. Deputy Commissioner of Taxes. Address...................................... Date.................................................19. place................................................ ----------------------------I.T.- 16 FORM OF APPEAL TO THE APPELLATE JOINT COMMISSIONER OF TAXES IN THE OFFICE OF THE APPELLATE JOINT COMMISSIONER RANGE.................... Circle of Assessment. Name of the Appellant, and, in the case of a firm, also the names of its partners. Assessment year, and, in the case of an assessment under section 34 of the Income Tax Act, 1922 the year in which the income should 132 have been assessed. Deputy Commissioner of Taxes passing the order. Section of the Income Tax Act, 1922 under which the Deputy Commissioner of Taxes passed the order. Income assessed. Tax demanded Income-Tax Super Tax Total Date of service of the order appealed against or of the Notice of Demand. Address to which the notices may be sent to the appellant. 133 Relief claimed in Appeal. Grounds of Appeal. 1. 2. 3. 4. Signature. (Appellant) Name in Block letters.............................. Address.................................................... Verification 1, .........................................................the appellant, do hereby declare that what is stated above is true to the best of my information and belief. Signature....................................... Name in block letter................................. Address.................................................... . 134 N.B-(i) The appeal petition should be filed in duplicate. (ii) The appeal petition should be accompanied by the Notice of Demand or the copy the order appealed against. of (iii) The form of appeal and verification form appended thereto shall be signed(a) in the case of an individual, by the individual himself. (b) in the case of a company or local authority, by the principal Officer; (c) in the case of a firm, by a partner; (d) in the case of any other association, by a member of the association; and (e) in the case of a Hindu undivided family, by the Manager or Karta; (iv) If any consequential relief under Business profits Tax is claimed as a result of relief in the income tax appeal, a separate appeal under the Business profits Tax Act should be filed. 135 I.T. -18 Notice of date fixed for the hearing of an appeal under Section 31 of Income-tax Act, 1922 (XI of 1922) In the Office of the Appellate Joint Commissioner of Taxes. Appeal No. of 19- 19 relating to assessment year 19 - 19 To APPELLANT WHEREAS an appeal against* preferred by you in the office of ................................................................................................. of the ....................................... was received and registered by this office and whereas*........................................... 197 , at ....................................,. has been fixed for the hearing and final disposal of the said appeal at........................................................................... ------ , you are hereby informed that you should appear in this office in person or by an authorised agent or by a pleader duly instructed, and able to answer all material questions relating to the said appeal or accompanied by some person able to answer all such questions. Take notice that in default of your appearance on the day before mentioned the appeal will be heard and determined in your absence. Issued under the seal of the office, this day of 197 By order, etc. Appellate Joint Commissioner of Taxes. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Nature of appeal. *Date and hours. ---------------------I.T.- 20 Certificate under Section 46 (2) of the Income-tax Act, 1922 136 _______________ Office of the Deputy Commissioner of Taxes To Date THE COLLECTOR, District. This is to certify that the sum of Taka which is due from son of resident of on account of income-tax/super-tax and penalty is in arrear. With reference to the provisions of Sub-section (2) of Section 46, of the Income-tax Act, 1922, you are hereby requested to recover the same as if it were an arrear of land revenue. Seal. Deputy Commissioner of Taxes. 137 17 NO.......... No------ I.T.- 21 Distress Warrant Distress Warrant ------------------- ________________ To OFFICE OF THE DEPUTY COMMISSIONIL,R OF TAXES PlaceWHEREAS; Date- of has not paid or shown sufficient cause, to my satisfaction, for the nonpayment Income-tax Name- Super-tax of the sum of Tk- due on account of Number in Index Register- Number in register of demand and collections- Date of service of notice imposing penalty under Section 46(1)- Name of Distraining Officer- B.P. Tax (as detailed below) for the E.P. Tax year although the said sum has been duly demanded in writing from the said *[and whereas an order has been issued under Section 46(1) of the Income-tax Act, 1922 that, in addition to the amount of the aforesaid arrears, a sum of Taka shall be levied by way of penalty and the said was warned that if the amount of arrears and penalty aforesaid were not paid within fifteen days a warrant of distress would be issued]* [and whereas the said period of fifteen days has elapsed this is to moveable Property direct you to distrain the------------------------- of the said Amount demanded Tk................. Deputy Commissioner of Taxes goods and chattels to the amount of the said sum of Tk. together with *[a fee of Tk. payable on the issue of this warrant and] such further sum as may be sufficient to defray the costs of recovering the said amounts and if within seven days next after such distress the said sum of Tk. shall not be paid together with such further sum as shall be sufficient to defray movable Property the said cost, to sell the said -- -----------------------and having paid and deducted out of the proceeds of goods and chattels the sale the said sum of Tk. and the costs of recovering the same, to return the surplus, if any, and if the same be demanded within Three years One year 138 from the date of sale, to the person whom you shall find in possession of the said property. If sufficient distress cannot be found of the you are to certify the same to me movable property goods and chattles together with this warrant Details of amount due. Given under my hand and seal this day of Deputy commissioner of Taxes 19 .} ----------------------------------------------------------------------------------------*The words in brackets should be omitted or modified according to circumstances. The superfluous words should be deleted. 139 I.T.-22 APPLICATION FOR REFUND OF INCOME TAX/SUPER TAX I, ....................................................... of .................................................... do hereby declare that my total income and total world income computed in accordance with the provisions of the Income-tax Act, 1922 (XI of 1922), during the year ending on ...................... being the previous year for the assessment for the year ending on the 31st March, 19 amounted to Tk.......................... and 30th June, 19 Tk.........................respectively that the total income-tax and super tax chargeable in respect of such total income is Tk. .................... and that the total amount of income-tax and super-tax paid, or treated as paid under sub-section (5) of Section 18, is Tk......................................... I, therefore, pray for a refund of Tk........................................ Signature........................... *resident and ordinarily resident I hereby declare that I am *resident but not ordinarily resident in the taxable territories, and *non-resident that what is stated in this application is correct. Dated............................19.............. Signature. NOTE 1. --- The application should be accompanied by a return of total income and total world income in the prescribed form. NOTE 2. --- Where the application is made in respect of interest on securities or dividends the application should be accompanied by the certificates I respecfibed under section 18(9) and 20. 140 NOTE 3. --- The application for refund should be made to the Deputy Commissioner of Taxes for the district in which the applicant is chargeable directly to income-tax otherwise to the Deputy Commissioner of Taxes for the district in which the applicant resides, unless there is a special Refund Circle, in which case, the al placations should be made to the Deputy Commissioner of Taxes of that Circle. NOTE 4. --- A non-resident person who has elected to be assessed on the basis of his total income should state the amount in the space provided, other non-resident persons may leave it blank. NOTE 5. --- A non-resident person should make his application for refund to the Deputy Commissioner of Taxes Exemptions and Refunds Circle. If his total income is made up of income wholly taxed at source or dividends for both and in other cases to the Deputy Commissioner of Taxes of the Circle in which the greater part of his income arises. If the non-resident tax-layer is assessed through a statutory agent, the application for refund should be made to the Deputy Commissioner of Taxes who has jurisdiction over the statutory agent. NOTE 6. --- The applications may be presented by the applicant in person, or through a duly authorised agent or may be sent by post. 141 ASSESSMENT FORM (M 1457(65) C.B.R.) 142 ASSESSMENT ------------------- FORM REFUND Serial No. Code Demand and collection Register no......................................... No, Category of the case as per this assessment ............................ Assessment year ...................................................................... Commissioner's Zone Section under which assessment or refund is made ................ Circle/Division......................................................................... Amount of income of loss of the year under assessment G.I.R. Number ........................................... Name of assessee ...................................... Address ..................................................... Status ......................................................... .................................................................... Detailed sources of income 2 3 Amount of loss (Sec.10) of earlier years set off against income in col.3 or added to loss of col.3 and/or earned income allowance. Resultan t income or loss 4 5 Tax already deduct or otherwise paid at source. Income- Super- tax tax 6 7 1 A. INCOME ACCRUING, ARISING OR RECEIVED IN OR DEEMED TO HAVE ACCRUED, ARISEN OR BEEN RECEIVED IN BANGLADESH. Sec. 7. -- Salaries -Government/Others ...................... Taka Taka Remarks 8 143 Sec. 8. -- Interest on Securities-- (a) Government of Bangladesh Tax free / taxed. (b) Local Authorities and companies-taxed Sec. 9. -- Property . . .. Sec. 9A. -- Agricultural income Sec. 10. -- .. .. Business, profession or vocation (give description of trade, profession, etc., below). Share of profits from R.F . (untaxed) Share of profits from U.R.F. (taxed)/ (untaxed). Share of profits from A.O.P. (taxed)/ (untaxed). Sec. 12. -- Other sources-Dividend/ Others . . Sec. 12B. -- Capital gains .. TOTAL INCOME UNDER A . . B. INCOME ACCRUING OR ARISING ABROAD NOT INCLUDED IN 'A' ABOVE-Assessed on remittance/ accrual basis . . TOTAL INCOME UNDER B . . TOTAL WORLD INCOME (A+B) .. .. 144 1 2 3 4 Code Amount Remarks No. COMPUTATION OF THE TAXABLE INCOME: -Total incomeDeductPersonal allowance .. .. .. .. .. Earned income allowance .. .. .. .. .. Live insurance premium .. .. .. .. .. Contributions to Provident/ Superannuation Fund . . .. .. Interest on accounts in recognized Provident Funds u/s in 58F .. Investments in Government Securities and Post Office Savings Certificates, etc., u/s15AA. Investments in the share-capital of approved industrial public companies, etc, u/s 15C. Purchase of Books u/s 15F . . .. .. .. .. Education allowance u/s 15/E .. .. .. .. Contribution u/s 15D . . . . .. .. .. .. 145 146 Deduction from salary in respect of contract for deferred annuity under second proviso to section 7(1). Other items, if any ............................................................................................... Total amount liable to straight-line deduction…………………. Taxable Income ................................................................................................... 1 Income tax and Super tax chargeable on total income ….................................................. Income-tax Average rate of ------------...................................................................................... Super-tax Sums included in total income in respect of which Income-tax and/or Super-tax is not payable. Interest from tax-free securities exempt u/s 8 ............................................................... Share from A.O.P. or U.R.F. on the profits of which tax has already been paid 2 3 4 Income Super Remarks tax tax Taka Taka 147 1 2 Income exempted from tax u/s 14A ................................................................................... Income exempted from tax u/s 15D (income of company only) ........................................ Other items, if any (Give details) ........................................................................................ Total amount upon which relief is due and income-tax and/or super-tax thereon. for I.T. relief ........................ for S.T. relief ....................... Deduct-I.T. and S.T. deducted or otherwise paid at source- .............................................. Double Income-tax relief with countries (Give names) ...................................................... I.T. & S.T. paid as per original assessment on (date) ........................................................ I.T. & S.T. refunded as per original assessment on (date) ................................................ Amount of advance payment of tax ................................................................................... Amount of tax assessed u/s 23B ........................................................................................ Payable Net amount of I.T. and S.T. ----------------Refundable 3 4 148 Penalties under -- 18 Section 25(2), 28, 44E, 44F and 46(1) Code No. 600, 610, 620, 630, 640 Composition u/s. 53(2). Balance payable or refundable. Interest u/s 18A.- Interest payable by the assessee u/s 18A(6) or (8)— 80%/75% of the tea determined on the income to which Sec. 18 does not apply at the rate applicable in 19 -19 ............................................. Tax paid u/s 18A(2) or (3) .......................................................................... Difference .................................................................................................. Interest thereon at 1½% per month from ............................... to ............... Interest under section 18A(7). Total interest payable by assessee ............................................................. Deduct--Interest payable by Government u/s 18A(5) ................................ Net amount of Interest ................................................................................ 149 payable Total sum -------------------- (in figures) taka ........................................................... refundable (in words) Taka .......................................................... Dated Deputy Commissioner of Taxes, Circle/ District, etc. Date of issue of notice of demand/ refund Vouchers. Record of cash refunds. No. and date of Voucher ................................................................... Amount of Refund Taka. ________________________________________________________________________ 150 C I.T.-31 RECEIPT (to be given to the payer) Ordinary collections Miscellaneous III.- Corporation tax Excess Profits tax Business Profits tax *Income-tax Super-tax miscellaneous IV.- Taxes on income other than Corporation tax Surcharge Excess Profits tax Business Profits tax Invoice of tax paid into ...................... Treasury/Sub-treasury for the year 19 -19 Page and Serial No. in Demand Register and G.I.R. No. 1 Name and address of assessee** Amount ( to be entered in words as well as in figures). For classification of the amount of tax shown against ‘D’ see reverse 2 3 Tk. F. D. Paisa 151 RECEIVED Date......................................... Treasury Officer Sub-treasury Officer Treasurer Treasury Stamp *Superfluous words should be deleted. Note.--- **Please give name and address clearly in block letters in the space provided. 152 I.T.31(a) IV.- Taxes on income other than Corporation tax * Super-tax Income-tax-Ordinary Collections Treasury Invoice of tax paid into Sub-treasury. Name and Tax due for Amount (to be entered in words address of the month of as well as in figures) employer Tk. Paisa I.T.31(a) Duplicate (to be retrained in the Treasury) IV. Taxes on income other than Corporation tax * Super-tax Income-tax-Ordinary Collections Treasury. Invoice of tax paid into Sub-treasury Name and Tax due for Amount (to be entered in words address of the month of as well as in figures) employer Tk. Paisa Dated Dated Original (to be returned to the Deputy Commissioner of Taxes. , the 19 . For use in the Treasury Office 1. No. of Chalan Received and grant receipt 2. No. of entry in I.T. Receipt Register 3. Date of entry in I.T. Receipt Register Signature of person responsible for Treasury Accountant. disbursement of salaries Treasury Officer. I.T. Office Stamp * The superfluous words should be detected , the 19 . For use in the Treasury Office 1. No. of Chalan Received and grant receipt 2. No. of entry in I.T. Receipt Register 3. Date of entry in I.T. Receipt Register Signature of person responsible for Treasury Accountant disbursement of salaries Treasury Officer. I.T. Office Treasurer Stamp Treasurer. Treasury Treasury Stamp Stamp. * The superfluous words should be detected I.T.31(a) Receipt to be given to payer Treasury. ----------------------------------Sub-treasury. Received the sum of Tk......................... Income-ta On account of ----------------------------Super-tax On salaries of employees for the month of ................................................................ due from....................................................... ..................................................................... ...................................................................... ...................................................................... . Treasury. Date. Treasury Officer. Sub-treasury Officer. Agent' Sonali Ban Bangladesh Bank. Treasury Stamp. I.T.31(b) [Original (to be returned to the Deputy Commissioner of Taxes]III.- Corporation tax-ordinary collections* IV.- Taxes on income other than Corporation tax *Super-tax ---------------------------------------------------------Income-tax-Ordinary Collections Invoice of tax paid under section 18A(10A) of the Treasury Income-tax Act into --------------------------------------Sub-treasury for the year 19 . G.I.R. No. Name and address of Amount (to be entered the assessee (in block in words as well as in letters) figures) Duplicate (to be retained in the treasury.) IV.- Taxes on income other than Corporation tax *Super-tax ---------------------------------------------------------Income-tax-Ordinary Collections Invoice of tax paid under section 18A(10A) of the Treasury. Income-tax Act into --------------------------------------Sub-treasury. for the year 19 . G.I.R. No. Name and address of the assessee (in block letters) Amount (to be entered in words as well as in figures) Tk. Dated , the 19 . Received and grant receipt For use in the Treasury Office 1. No. of Chalan 2. No. of entry in I.T. Receipt Register 3. Date of entry in I.T. Receipt Register Treasury Accountant Tk. Dated 19 . , the Received and grant receipt Signature of person making The payment. Signature of person making The payment. Stamp For use in the Treasury Office 1. No. of Chalan 2. No. of entry in I.T. Receipt Register 3. Date of entry in I.T. Receipt Register Treasury Accountant. Stamp Corporate tax ----------------------------Income-tax On account of ------------------------------Super-tax Under section 18A (10A) of the Income-tax Act for the year ___________ from _____________________________ _________________________________ Treasury. Date. Treasury Officer. Sub-treasury Officer. Bangladesh Bank. Treasury Treasurer. Treasury Treasury stamp. * The superfluous words should be deleted Treasury. , ----------------------------------Sub-treasury Received the sum of Tk......................... Manager' I.T. Office Treasurer I.T.31(b) (Receipt to be given to payer) Treasury Officer. Treasury Officer. I.T. Office 153 I.T.31(b) Stamp * The superfluous words should be detected Stamp. Sonali Bank 154 Book No. III. IV. Voucher No. Corporation Tax-Refunds. Taxes on income other than Corporation Tax-Refunds. Income-tax -----------------Super-tax Counterfoil order for refund of tax. --------------------------------------------------------------------Refund payable to Assessment record No. Date of order directing refund * Amount of refund (a) Number in demand and collection register showing collection of amount regarding which refund is made Initials of Deputy Commissioner of Taxes *Signature of recipient of the voucher Treasury Date of encashment in the ---------------------Bangladesh Bank * If the money is sent by money order, the amount of money order commission should be entered separately. * If the money is sent by money order the receipt issued by the Post Office should be attached to the counterfoil. (a) Classification. Tk. F. .............................................................................. D.- ............................................................................ (i) Taxes paid by companies ...................... (ii) Other refunds ......................................... Double income-tax relief granted to companies. (N.B.: Delete whichever sub-head is inappropriate). Ps. Book No. I.T. 32 Voucher No. III. Corporation Tax-Refunds. Income-tax IV. Taxes on income other than Corporation Tax-Refunds -------------------Super-tax Order for refund of Tax. Payable at the Treasury Bangladesh Bank. To The Treasury Officer Manager, Bangladesh Bank. The Secretary 1. CERTIFIED that the reference to the assessment record of ----------------------------------------------------------------------------------------------------------------------------------------------------------for the year No. a refund of Tk. (a) is due to 2. Certified that the tax concerning which this refund is given has been credited in the treasury. 3. Certified that no refund order regarding the sum now in question has previously been granted and this order of refund has been entered in the original file of assessment under my signature. 4. Please pay to ________________________________________________________________ the sum of Tk. _______________________________________________________________________ (figures and words) _________________________________________ on account of the above refund. Place Date Deputy Commissioner of Taxes. Received payment Claimant's Signature pay Tk. only. The 19 . Examined Officer-in-charge of Treasury. the Bank's branch. Accountant The 19 . (a) Classification F. ..................................................................................... Tk. Ps. D. ..................................................................................... (i) Taxes paid by companies............................................. (ii) Other refund. .............................................................. Double income-tax relief granted to companies. (N.B.: Delete whichever sub-head is inappropriate) 155 I.T.32-A. Advice of refund of Income-tax. Book No. Voucher No. Cheque No. Date Date III.- Corporation Tax-Refunds. IV.- Taxes on income other than Corporation Income-tax Tax- Refunds––––––––––––––––––––––– Super-tax –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Designation of the Officer issuing the order of refund and the name of his office. Refund payable to Assessment Record No. Amount of refund Number in demand and collection register showing collection of amount regarding which refund is made. Signature of Deputy Commissioner, of Taxes. Dist./Circle/Ward/Division. Seal Date Date of encashment in the treasury. Treasury Stamp. Signature of Treasury Officer. 156 I.T.- 33. Book No. Voucher No. Counterfoil of certificate to be given under the proviso to Section 18(3) to a person desirous of securing deduction of income-tax at a rate less than the maximum rate on interest on securities. Book No. Voucher No. Form of certificate to be given under the proviso to Section 18(3) to a person desirous of securing deduction of income-tax at a rate less than the maximum rate on interest on securities. -----------------------------------OFFICE OF THE DEPUTY COMMISSIONER OF TAXES WARD/CIRCLE/DISTRICT/DIVISION. ------------------------- Dated, the 19 . To 1. 2. 3. 4. 5. I hereby authorise (1) to deduct income-tax at the rate of (2) securities to their present holder (3) Date Person to whom given Person to whom addressed Rate of deduction sanctioned Description of securities concerned -------------------------------------------------Year in *Initials of which Deputy Commissioner of Taxes. Certificate reviewed. --------------------------------------------Initials of Deputy Commissioner of Taxes. *If the certificate is cancelled or revised the fact should be stated in this column giving cross references. I.T.-33. when paying the interest on the following This authorisation will remain in force for three years from the date of issue or until cancelled by me whichever is the earlier. under section 4(3) of the Income-tax Act, 1922 2. The income in this case is exempt ----------------------------------------- -----------under a notification issued under section 60(1) of the Income-tax Act, 1922. Deputy Commissioner of Taxes. (5) Description of Securities. Seal (1) (2) (3) (4) Name and address of person paying the interest. Rate of income-tax sanctioned. Name o person receiving interest. Holdings of separate member should be shown separately even though the income of one holder is to be included in the income of another under Section 16. (5) Strike out where not applicable delete inappropriate words. Serial No. NAME OF ASSESSEE ADDRESS 1 2 3 4 5 6 7 Page No. –––––––––– of D. & C. S.No. Register. Category Date of Assessment Date when Form IT.11/A/11B is due Date of receipt of Form 11/11A/11B. Date of issue of forms 10 & 11 Pending Assessments, if any 157 GENERAL INDEX REGISTIER I.T.36 19 19 - 19 8 9 10 11 12 Assessment 13 14 15 16 Assessment 17 18 S. No. Register. Date of issue of Form 10 & 11 20 21 22 23 24 Register. S. No. –––––––––– of D. & C Page No.Assessment Date of –––––––––– Category Form 11/11A/111B 19 – 19 Date of receipt of Date when Form I.T. 11/11A/11B is due Page No.Assessment 19 Date of –––––––––– 19 – 19 Date of receipt of From 11/11A/11B Category Date when Form I.T 11/11A/B is due Date issue of Form 10 & 11 S.No.ofRegister –––––––––– of D. & C Page No. Date of ––––––––––––– 11/11A/11B Category 19 – 19 Date of receipt of Form Date when Form I.T.11/ 11A/ 11B is due Date issue of Form 10 & 11 S. No.ofRegister. –––––––––– of D. & C page No. Date of–––––––––– Date of receipt of Form 11/11A/11B. Category Date of issue of Forms 10 & 11 Date when Form I.T.11/11A/11B is due 158 GENERAL INDEX REGISTER 19 – 19 159 I.T. 36.-A. TRIAL OR NEW CASES REGISTER 1 Serial No. 2 Name 3 Address 4 Source of information on the basis of which the name is entered (e.g. I.T. 93, anonymous letter and Inspection report) and the date of entry in the register as a denominator 5 Date of issue of notice under Section 22(2) and the annual No. (show date as numerator and annual No. as denominator) 19 - 19- 19- 19 - 6 7 G.I.R Date of Nil Assessment order or date when the proceedings are dropped No., if the assessment has resulted in a demand/ refund and the date of assessment 8 REMARKS 160 I.T. 38 INCOME-TAX MISCELLANEOUS RECORD ––––––––––––––––––––––––––––––––––––––––––––––––––––––––--------------------------------------------DISTRICT OR AREA– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––--------------------------------------------Name of Assessee–––– Address–– Name in General Index Register–––– 19 . 19 . 19 Amount under General Index Register. PAPER OF RECORD Order sheet .. Acknowledgment of notice under Section 22(2). Acknowledgment of notice under Section 22(4) Acknowledgment of notice under Section 23(2) Acknowledgment of notice of demand. Acknowledgment of notice of penalty. Income-tax office copy of challan. Miscellaneous papers:Date on which weeded Initials Deputy Commissioner of Taxes. . Date on which placed in record Serial number in record Number of papers 19 Date on which placed in record . Serial number in record 19 Number of papers . Date on which placed in record Serial number in record Description of paper Number of papers 19 . 161 I.T. 39 ORDER SHEET (For miscellaneous file) Income tax office –––– Assessment Year–– No. in general index––––– Name of assessee––– Number of record–––––– Serial Number and date Brief order, mentioning reference, if necessary How complied with and date of compliance I.T.-40. INCOME TAX ASSESSMENT RECORD DISTRICT OR AREA- NAME OF ASSESSEE––– ADDRESS OF ASSESSEE––––– NUMBER IN GENERAL INDEX REGISTER–––– 162 RETURN OF INCOME ASSESSMENT RECORD Number of Papers in Assessment form Year 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. Assessment order Appellate order Date of destruction Initials of Deputy Commissioner of Taxes Number of papers Date of removal Initials of personal clerk 1 2 3 4 5 6 7 Tk. ps Tk. ps Tk. ps * To be shown as a denominator. 8 Tk. 9 10 11 Tk. ps Tk. ps Tk. ps 12 13 14 15 16 17 18 Tk. ps Tk. ps Tk. ps Tk. ps Tk. ps Tk. ps Date Of super-tax on other incomes Of Corporation tax Demand Of super-tax on Federal Emoluments Of Income-tax on other incomes Of income-tax on companies Total Income I.T. 41.REGISTER OF DEMAND AND COLLECTION Of Income-tax on Federal Emolument Date of issue of Notice of Demand. Total Demand Of super-tax on other income Of Corporation tax Of super-tax on Federal Emoluments. Of income-tax on other Of Income-tax on companies Of Income-tax on Federal Emoluments Total income as reduced by earned in-come allowance. Name and address of assessee Index Number 163 I.T. 41. Collection 19 20 21 Tk. ps Tk. ps 22 23 Tk. ps 24 25 26 Tk. ps Tk. ps 27 28 29 Tk. ps Tk. ps 30 31 Tk. ps 33 34 Tk. Tk. Tk. ps Remarks. 32 serial number of assessment from sent to Statistical Branch. Collection Interest payable under section 18A (7) creditable to XXInterest-misc. Miscellaneous Interest payable by assessee under section 18A (6) or (8) creditable to XX- interest Miscellaneous. Collection Interest payable by Government debatable to 22Interest-Debts and other obligation-C-interest and other obligation-Misc. Number and date of refund voucher if refunded or number and date of *adjustment memo, if transferred to any other head. Other Items Date Penalties under the I. T Act. Other Item Date Amount Section of the Act Increase or decrease in present assessment Total last year 164 REGISTER OF DEMAND AND COLLECTION I.T. 41. Interest under section 18-A 35 36 165 20 I.T. 44 6 Rs. 7 P. Rs. 8 P. Rs. 9 P. Rs. 10 P. Rs. 11 P. Rs. 12 P. Rs. 13 P. Rs. Rs. 15 P. Rs. Arrear Arrear 14 P. Income-tax on other incomes Current Income-tax on companies Current Arrear Current Income-tax on Federal Emoluments Arrear 5 Current Name of assessee making payment 4 Arrear Treasury Challan No. 3 Super-tax on other income Corporation tax Current Date of payment 2 Super-tax or Federal Emoluments Arrear Number in the Demand Register 1 Assessment demand Current Serial number REGISTER OF DAILY COLLECTION 16 P. Rs. 17 P. Rs. P. 18 19 20 21 22 23 24 25 26 27 28 29 30 Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Ordinary collection of other districts or circles On dividends received. REGISTER OF DAILY COLLECTION- Concld Remarks. Totals of Cols. 6 to 35 District and circle Ordinary collections of Districts or circles in other District or circle District or circle District or circle Interest under section 18A Central Circle Miscellaneous Miscellaneous Deduction under section 18 creditable to XX- Interest- Interest payable by the assessee Other items Penalties under the I. T. Act. Income tax By others Super-tax By companies By others By companies On other Emoluments On Federal Emoluments under deduction of tax Interest or other sums received Interest on securities On other Emolument On Federal Emoluments 166 I.T.44 31 32 33 34 35 36 37 Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p Rs. p 167 I.T. 44A Number of Treasury Voucher or Cheque Number of Refundee Arrears Current Arrears Current Arrears Current Arrears Current Arrears Current Arrears Current Refund of Corporation tax (Company supertax) other than Double Income-tax Relief Date of encashment of Refunded 1 Refund of super-tax other than double Income-tax Relief Number in the Demand Register Serial Number REGISTER OF DAILY REFUND 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On Federal Emoluments. Rs. p. Rs. On other income. p. Rs. p. Rs. p. Rs. p. Rs. p. Refund of Income-tax other than Double Income-tax Relief On Federal Emoluments. Rs. p. Rs. On income of Companies. p. Rs. p. Rs. On other incomes. p. Rs. p. Rs. p. Rs. Arrears Current Arrears Current Relating to tax on Federal Emoluments Relating to Company Super-tax Relating to other taxes Relating to tax on Federal Emoluments Relating to Company Super-tax Relating to Other Taxes 168 I.T. 44A REGISTER OF DAILY REFUND--Concld. Double Income-tax Relief To Companies p. Rs. p. Rs. p. Refund of Miscellaneous items To Others Rs. Penalties p. Others 18 19 20 21 22 23 24 25 26 27 Total 28 Remarks 29 161 I.T. 46 DEPRECIATION RECORD FOR OCEAN-GOING STEAMERS AND MOTOR VESSELS PART I (a) Name of steamer or motor vessel The first year of depreciation allowance PART II (b) Total original cost including the original cost of additions considered for depreciation allowance in the assessment years up to and including .. . Total depreciation allowance up to and including the assessment for 19 to which effect has been given up to and including the assessment Balance of the original cost still to be allowed in the assessments 19 onwards .. .. .. .. 19 . .. PART II Assessment year. 1 Original cost including the Original cost of subsequent additions (c) 2 Rate of allowance Depreciation allowance (a) 3 .. 19 .. 19 .. 19 .. 19 .. 19 .. As in Part I. Remarks 6 4 19 Balance of the original cost still to be allowed. 5 As in Part I. 162 Assessment year. 1 Original cost including the Original cost of subsequent additions (c) 2 Rate of allowance Depreciation allowance (a) 3 4 Balance of the original cost still to be allowed. Remarks 6 5 19 .. 19 .. 19 .. 19 .. 19 .. 19 .. 19 .. (a) This form should be used for new and second-hand vessels as well as for additions thereto. One form should be used for each vessel. (b) The detailed computation of the figures shown in this part should be shown is a separate sheet to be attached to this record. (This part is only required for vessels purchased before the “previous year” for year of assessment 19 .) (c) If any part of the vessel is discarded the original cost of the part discarded should be deducted from the total original cost and should be kept distinct from the new additions in the same year. The written down value of the discarded part as at the end of the next preceding assessment year should be excluded from the figure in column 5. (d) The figure to be entered in this column should be the full allowance irrespective of whether it is actually given effect to or not. 163 I.T.-46 A. TAXES DEPARTMENT DISTRICT OR AREA NAME OF ASSESSEE GENERAL INDEX NUMBER DEPRECIATION RECORD INSTRUCTIONS PART I . . PART II . . .. .. .. .. .. .. .. .. .. Pages .. .. .. .. .. .. _____________ INSTRUCTIONS PART I (1) The word ‘year’ wherever it occurs refers to Assessment year. (2) ‘Additions’ made during the year which are to be added to block account, and the ‘written-down value’ of machinery sold or discarded which is to be deducted, should be shown separately against the appropriate entries provided. Additions should be in black ink and deductions in red ink. Where the ‘written-down value of an asset discarded cannot be separately ascertained so that the allowance under section 10(2) (vii) cannot be computed, the sale or scrap value of the asset should be deducted instead of the written-down value . (3) Where the assets are only partly used for business, a proportionate capital value of the asset should be entered in the block account and an explanatory note made in the Remarks column. If the proportion of business use increases or decreases in subsequent years, the proportionate written-down value in respect of such variation can be increased or decreased as the case may be. (4) Under proviso (c) to section 10(2) (vi) the aggregate of all allowances, shall, in no case exceed the original cost to the assessee of the building, machinery and plant. The terminal depreciation, i. e., the depreciation allowance admissible in the last year may in most of the cases be less than the amount worked out at the normal percentage. In order to determine this terminal allowance and the year in which depreciation ceases, Part II of the Depreciation Record has been prescribed. The terminal depreciation allowance should be shown separately in column 19 of Part I of the Record. Total depreciation admissible in any year (column 20) will be the total of columns 2 to 19. 164 (5) The amount of allowance under section 10(2) (Vii) should be shown in column 24; and in column 25 should be shown the amount actually written off in books of the assesse. Where the difference between the written-down value of the asset sold and its sale price is a profit, it should be shown as (+) in column 24 to distinguish it from loss which should be shown as (-). ––––––––– Part II INITIAL DEPRECIATION (1) This is an addition to the existing form I.T. 46-A Under section 10 (2) (vi). Proviso (c) to section 10(2) (vi) limits the aggregate of all allowance to the original record the particulars of termination of depreciation allowance after taking into account the initial depreciation. (2) Year referred to in this form is the assessment year. (3) Column 2 to 8 will show original cost and additions and extensions (as numerator) and initial depreciation allowed (as denominator). (4) When any entry is made in columns 2 to 8 it should be calculated when the depreciation in respect of that item will normally cease. Against the year of termination, the year of original entry in columns 2 to 8 will be entered in column 9 the amount of initial depreciation in column 10 and the terminal normal depreciation in column 11. Year of termination may vary on account of double shift or triple shift depreciation. When in any year multiple shift allowance is allowed, the year of termination of depreciation allowance should be recalculated and entries in columns 9 to 11 revised with appropriate note in remarks column. (5) The amount in column 11 will be carried to column 19 of Part I against the terminal year and the written-down value of that year in columns 2 to 17 of part I should be diminished by the total of columns 10 and 11 of Part II. 165 PART I 166 BUILDINGS Non-factory Year 1 19 -19 Written-down value brought down .. Additions .. .. .. Total .. Less- Written-down value of plant discarded/Total of Columns 10 and 11 of Part II. Balance .. .. Less- Depreciation .. .. 19 -19 Written-down value brought down .. Additions .. .. .. Total .. Less- Written-down value of plant sdiscarded/Total of Columns 10 and 11 of Part II. Balance .. .. Less- Depreciation .. .. 19 -19 Written-down value brought down . . Additions .. .. .. Total .. Less- Written-down value of plant discarded/Total of Columns 10 and 11 of Part II. Balance .. .. Less- Depreciation .. .. 19 -19 Written-down value brought down . . Additions .. .. .. Total .. Less- Written-down value of plant discarded/Total of Columns 10 and 11 of Part II. Balance .. .. Less- Depreciation .. .. 19 -19 Written-down value brought down . . Additions .. .. .. Total .. Less- Written down value of plant discarded/Total of Columns 10 and 11 of Part II. Balance .. .. Less- Depreciation .. .. .. nd Factory rd st 1st class 2.5 p.c. 2 class 5 p.c. 3 class 7.5 p.c. 1 class 5 p.c. 2nd class 10 p.c. 3rd class 15 p.c. 2 3 4 5 6 7 167 Furniture and Fittings. 8 9 Machinery and Plant 10 11 12 13 14 168 Machinery and Plant Initial depreciation 15 16 17 18 169 Total amount of depreciation for the year (Total of depreciation figures columns 2-18). 19 Total depreciation taken into account including the amount brought forward from previous year column 19 of this year and column 23 of last year. 20 Amount of depreciation actually allowed. Balance of depreciation carried forward column 20 minus 2 21 22 Allowance under Sec.10(2) (vii) Amount allowed in assessment Loss(–) Profit (+) Amount actually written off in books Remarks. 23 24 25 170 PART II 171 Depreciation which will normally cease under proviso (c) to Section 10(2) (vi). Original cost and additions and extensions Initial depreciation allowed. Year. 1 Building. Remarks. Machinery and Plant. 1st Class 2nd Class 3rd Class 2 3 4 Year of Original expenditure. 5 6 7 8 9 10 172 I. T.–48. REGISTER OF TAX Serial Number Number in Name Designation and address Gross amounts. Year and month in which amounts shown in columns 2-5 were paid to assessee Salary, wages, annuity or pension 1 2 3 4 Amounts of bonus, gratuity fees, commission perquisites, allowances, profits in lieu of or in addition to salary or wages, payments made at or in connection with the termination of employment, advances of salary, etc. and all other sums paid which are chargeable to Income-tax. 5 Tk. ps. Tk. ps. Tk. ps. Tk. ps. Overseas pay House allowances or value of rent free quarters Salary, bonus and all other sums which were due to be paid for the period noted below but which were not actually paid 6 7 Tk. ps. Tk. ps. Total columns 2-6 19 -8 . July .. August .. September .. October .. November .. December .. January .. February .. March .. April .. May .. June .. Total for the years. Any sun included in column 6 which has been included in column 5 in the previous year I. T.–48. 173 ON SALARIES in the Register General Index Deductions Net On amount Earned account On On on which income of account account IncomePersonal allowance Provident of life of tax-has allowance or other insuranee education been funds premia expenses deducted 8 9 10 11 12 13 Amount of Incometax deducted 14 Amount of supertax deducted. 15 Tk. ps. should be shown in red ink. 174 Register of Tax recovered on Interest on Securities of local authorities and companies of the Income-tax Interest on Securities of local authorities and companies Challan Name and No. and Amount of Amount Name and address of date of Period security and Amount of address of payee payment of rate of of Incomepayer of tax interest interest interest tax 1 2 3 4 5 6 7 175 I.T.-49. Dividends and Interest and other payments made to Non-Residents under Section 18 Act, 1922. Interest and other payments Amount of interest or other sums 8 Dividends Amount of incometax Amount of company Super-tax when the payee is a company Amount of ordinary Super-tax when the payee is not a company 9 10 11 Amount of dividend 12 Amount of company Super-tax when the shareholder is a company Amount of ordinary Super-tax when the sharehold er is not a company 13 14 Remarks. 15 176 NO............................ OFFICE OF THE DEPUTY COMMISSIONER OF TAXES MEMO 19 The firm of Whose principal place of business is at in this Jurisdiction, and upon whom a notice under Section 22(2) of the Income-tax Act, 1922, has been served, has a branch in your district conducted under the name and style of .................................................................................................................................................. I shall be obliged by your furnishing me, on an early date, with a statement of the nature and extent of its transactions, the amount and sources of its income (actual or estimated) in your district, and also of the material, whether regular accounts or otherwise, upon which your estimates are based, for assessment for the current year and request that no steps may be taken in your district against the .........................................................branch of this firm. 2. Should you know of any additional firm of this place having branches in your district, similar information may kindly be furnished to me in respect of such firms. Deputy Commissioner of Taxes. Ward/Circle/Division I.T. 50 ON BANGLADESH STATE SERVICE (Address only). To TAXES OFFICE No.............................. Date 19 MEMO Please state whether the firms mentioned below, whose branch offices are situated here have been assessed in your district on their income derived in this place, and communicated to you under the letters of this office noted on the reverse. If so, please furnish immediately certificates under Section 64 of the Income-Tax Act, 1922. Deputy Commissioner of Taxes. Ward/Circle/Division ON BANGLADESH STATE SERVICE (Address only). I.T.51 177 For the year ending 31st March 19 . No. of I.T.–52. 19 -19 . Certificate of Income-tax paid by the under mentioned person or company at the Head Office under Section 64 of Act XI of 1922. Name under which the person or company carries on business at the head office Name of partners at the head office Places at which the branch business is carried on Names and address of the branch firm Remarks 1 2 3 4 5 N.B- This certificate does not exempt the local agent from assessment on his salary, commission, remuneration or other income assessable under the Act. Deputy Commissioner of Taxes Dated 19 . Seal. Deputy Commissioner of Taxes. No. of 19 . Office of the Deputy Commissioner of Taxes Dated 19 . True copy forwarded for the information of the I.T.52 Deputy Commissioner of Taxes 178 Register of assessees 19 in whose case certificates under -19 19 Sl. No. Name and address of head office Name and address of branch office Number and date of letter calling for estimated income of the branch Date of issue of certificate Number and date of letter calling for estimated income of the branch 1 2 3 4 5 6 -19 Date of issue of certificate 7 179 Section 64 of the Income-tax Act, 1922, are issued. 19 -19 Number and date of letter calling for estimated income of the branch 8 19 -19 Date of issue of certificate 9 Number and date of letter calling for estimated income of the branch 10 I.T.–53. 19 Date of issue of certificate 11 -19 Number and date of letter calling for estimated income of the branch Remarks. Date of issue of certificate 12 13 14 180 GENERAL SURVEY Name of Town District & P.S. Time taken for Survey (Dates) from.................................. to......................................... Sl. No. Municipal or Unon Board Registration No. Name and address of the occupier Status (also whether Resident or not) Name and address :- (1) Husband in case of married woman/widow. (2) Father in case of minor. (3) Partners in case of Firms with shares. 1 2 3 4 5 Nature of business with date of starting and initial capital in the case of a new business. These particulars should be invariably obtained details of any other source of income, if any. 6 Turnover or gross receipts estimated 7 181 REGISTER I.T.-54. Ward Street Union Board Village Name of Survey Inspector.................................................................. Page No.......................... Net income estimated Branches if any, or Head office, if branch Other sources of income of partners with estimate under each source Nature of account books kept, & pages of account books signed & any other relevant facts worth noting 8 9 10 11 G.IR./T.R.No. of the occupier, if old assesseee 12 D.C.T’s order with date 13 Complianc e with D.C.T’s order & date of complianc e. (If a file has been started state the GIR/TR No.) 14 182 I.T.54-A. HOUSE PROPERTY Town Name of District & P.S. Time taken for Survey (Dates) from............................................. to.......................................... Sl. No. Municipal or Union Board Registration No. Annual Rental Valuation on Register Actual rent found on Survey 1 2 3 4 Name & address of owner with name & address of :- (1) Husband in case of married woman. (2) Father in case of minor. 5 183 SURVEY REGISTER Ward Street Union Board Village Name of Survey Inspector...................................................................Page No........................... Sources of income of the owner and the husband or father of the minor and an other relevant facts worth noting 6 G.I.R. or T.R. No. of the owner (and also of the husband and further of the minor), if old assessee D.C.T’s Order with date Compliance with D.C.T. orders and date of compliance (if a new file has been stated, state the G.I.R.T.R.No.) 7 8 9 184 I.T.-55. Name of Owner or Agent No. Address Municipal Rateable Value Street REMARKS I.T.-57. No. Acknowledgement slip Name.............................................................................................................................. Address.......................................................................................................................... Received Income-tax, Sales tax, Notice Form No............................Dated....................................... relating to................................... Assessment year.............................................................. Served by (ii) letter No......................................................... Dated.................................. from Deputy Commissioner of Taxes .................... Assessee. Peon Ward......................................... Division .................................on Circle Division Acknowledgement Slip Name ............................................................... Address ........................................................... Received (i) Income-tax/Sales-tax notice form No: ......................dated.........................................relating to I.T.-57(Rev.) 185 assessment year ............................................................................... (ii) letter No. dated................................................................ from Deputy Commissioner of Taxes Ward on Div. Circle District Signature.................................... (Assessee/Authorised Representative) Served by Peon: Ward Division Circle District I.T.-58 assessment of Certificate of------------------------------------- Income-tax Payment of Deputy Commissioner of Taxes office at........................... Date..................................... I HEREBY certify that............................................................................................................. of ............................................................................... has been asssesed paid income-tax for the year 19 on an income of over Tk................................................... Deputy Commissioner of Taxes I.T.-59. Appellate Joint Commissioner of Taxes Range. Appeal No. Appellant’s name Appellant’s address of 186 Forwarded to the Deputy Commissioner of Taxes of the Circle who is requested to submit the connected records with any remarks that he may consider necessary. 2. The hearing of the appeal: (a) has been fixed for at* (b) has not yet been fixed and will be notified later. **3. The Deputy Commissioner of Taxes is required to report specially on the points raised in the following paragraphs of the appeal petition:Appellate Joint Commissioner Date Resubmitted with my Assessment file(s) The assessment records are not sent as penalty proceeding under section 28 are pending. G.I. No.(s) Remarks (and report) attached. (1) .................................... I have no remarks to offer. (2) The order appealed against was made under Section Sub-section. The notice of demand was served on.................................................... (3) The intimation of the order under section was served on.............................. The application for a copy of the order under appeal was received on.............................. and the said copy was supplied on ..................................................... (4) The appeal is (5) I Date within time out of time wish do not wish to be heard. Deputy Commissioner of Taxes To The Appellate Joint Commissioner of Taxes. Range. Inappropriate words to be scored out. Date and hour. Place. To be struck out unless required for special reasons. Numbers of paragraphs. Circle 187 I.T.-60 Annual indent for ..................... forms required by the ...................... of................................ for use during the year 197 -8 . Number of Standard form 1 Average annual consumption for the past three years. 2 Number of copies received on last indent Number at present in stock Number now indented for Remarks. 3 4 5 6 188 I.T.-61 CONFIDENTIAL REPORT File No. Form E-1. Gazetted Officer Report on ......................................... for the period from ................................to ...................... SERVICES PARTICULARS Age ...................................... Academic Record ................ Rank .....................................Date of entry into................ Service under Circle or Public service ……………..Certifying charge .................................... Department ....................Officer Whether passed DepartPresent Grade.............. commenced .......................... mental examinations Present Circle .............Service under Countersignand if so, by what Pay ................. per month ing Officer standard commenced...................... GENERAL NOTES 1. The preparation of Confidential Reports is an important and responsible duty, and the manner in which they are made will be taken account in judging the qualities of the Certifying Officer. The opinions which are expressed should represent the result of careful consideration so that if called upon the Certifying Officer will be ready to justify his opinion. Reports should be rendered without reference to previous reports by other reporting officers and neither Certifying nor Countersigning Officer should pass to any other Officer any note or copies of his reports which he may have made. 2. Reports are to be made on each Deputy Commissioner of Taxes/assistant Commissioner of Taxes/Extra Assistant Commissioner of Taxes immediately after the close of the financial year. 3. Reports upon the work of Joint Commissioners are to be made by the Commissioner at the close of the financial year. 4. The confidential report on each gazetted officer should be prepared in duplicate and forwarded by the end of May each year to the Secretary, National Board of Revenue in the case of the Deputy Commissioner of Taxes and to the member in the ease of the Joint Commissioners. If the officer is not in charge of a Circle, but is additional this should be stated. 189 REPORT ON QUALITIES AND PERFORMANCE OF DUTIES Before attempting to make the report, the Certifying Officer should read carefully the Notes below : Outstanding Very good Statisfactory Below average Poor Remarks. 1. 2. a) b) 3. General intelligence .. Knowledge of duties :For a Mofussil Circle .. For a large City Circle .. Judgment and sense of proportion .. .. 4. Penetration .. .. 5. Initiative and Courage .. 6. Relations with public .. 7. Control of staff .. 8. Zeal .. .. 9. Output .. .. 10. Health .. .. 11. Suitability for promotion :(a) Of outstanding merit, eminently fitted for rapid promotion. (b) Very good and well qualified for promotion. (c) Fitted for promotion in the ordinary course. (d) not very fitted for promotion in the ordinary course. (e) Definitely unfitted for promotion. (f) Not yet qualified (inexperienced). 12. Integrity and honesty. Note.–In the case of Joint Commissioner, both Appellate and Inspecting, the word ‘Jurisdiction’ should be substituted for the word ‘Circle’ in item 2 above and the entires against item II should be left unfilled. NOTES General Intelligence. Do the standards attained by this officer show that he is (a) of exceptional mental alertness with a capacity for understanding or grasping complicated sets of facts; or (b) of good intelligence, brighter than most people; or (c) of ordinary intelligence; or (d) rather slower at grasping things than most people and in need of rather more than normal instructions; or (e) dull and not easily able to assimilate instructions? 190 2. Knowledge of duties. If the officer has not been tested in any branch of work this fact should be noted in the Remarks column. The mere knowledge of the Income-tax Act and the instructions in the Manual is not of such importance for the purposes of this heading, as it to be assumed that in elementary matters all Deputy Commissioner of Taxes know what is in the Manual. What should be assessed under this heading is the knowledge of case work of different kinds. thus an Deputy Commissioner of Taxes who has ably dealt with large Banks. Insurance Companies, etc., in a City Circle might be marked or “outstanding” or “very good” under sub-heading (b), 3. Judgment and sense of proportion. An officer with good judgment will apply his knowledge wisely and not arrive at hasty or incorrect conclusions nor adopt wrong methods. An officer with proper sense of proportion will give precedence to essentials and not spend unnecessary time on petty or routine matters not will he tend to become obsessed with one or two matters and press these without any sense of proportion. 4. Penetration. In Income-tax work one of the most important factors in the ability of the officer to observe indications in accounts or documents placed before him which lead to important points bearing upon the Income-tax liability of the assessee. Mere knowledge of accounts or of the law does not make a good officer. He should have also the capacity to find out the essential facts whether he is dealing with a large Company or with a merchant who does not keep good account. 5. Initiative and courage. Is the officer ready and willing to tackle a heavy or difficult task and is he prepared to take responsibility in making decisions of importance, or does he constantly require the authority of his superior officer? Does be combat difficulties or evade or shirk them? An officer should not, however, be adversely marked under this heading for frankly consulting his superior officer on matters of major importance or difficulty-consultation on such matters should be encouraged. 6. Relations with Public. Under this heading there should be considered an officers general courtesy and tact and his ability to hold his own against powerful opposition. There are some officers who will readily take a stand if the assessee has little knowledge of Income-tax or is not an important person, but would give way if confronted by important people or by persons who are very expert in Income-tax matters. 7. Control of Staff. Has the officer capacity of organise the work of his staff and to get the best work from them and does he inspire confidence in them? An officer who tends to drive or bully the staff does not necessarily get the best work from them. 8. Zeal. Does the officer work hard or is he indifferent about his work or is he definitely lazy? 9. Output. The quantity of work (having regard to quality) should be taken into account under this heading and a careful distinction should be drawn between the marking under this and under the previous heading. An officer may be hardworking but slow; but another officer who may be of only average zeal may be extremely quick and able therefore to do a large quantity of work with a minimum of effort. 10. Health. A note should be put in this column of any exceptionally bad health on extensive leave on account of ill-health during the period under review. 11. Suitability for Promotion. The remarks under this heading should give opinion of the Certifying Officer of the suitability at the time of the report, having regard to the officer’s experience but regardless of his seniority. 191 CERTIFYING OFFICER’S GENERAL REMARKS CERTIFICATE (1) General remarks. (2) Certificate. I certify that in my opinion the standard of efficiency of the officer named in the report as is stated. Signed............................ Date.............................. Inspecting Joint Commissioner of Taxes. Commissioner of Taxes. COUNTERSIGNING OFFICER’S GENERAL REMARKS & CERTIFICATE (1) General remarks. (2) Certificate. little I have seen some of the work of this officer and subject to the note a good deal against each item and to my general remarks above, agree with the marking of the Certifying Officer Signed ………………………………… Date ……………………… Commissioner of Taxes. I.T.-62 IN THE OFFICE OF THE APPELLATE JOINT COMMISSIONER OF TAXES Date of Order. INCOME-TAX Instituted on the APPEAL NO. form the Order of the Deputy Commissioner of Taxes of (1) (2) (3) (4) Year of assessment. Name of Appellant. Income Assessed. Tax demanded Income-tax Super-tax (5) Section under which assessment was made. Date of hearingPresent for AppellantAPPELLATE ORDER AND GROUND OF DECISION. 161 I.T.-66. Number Date of receipt by clerk CORRESPONDENCE (RECEIPT AND ISSUE) REGISTER Reply or fresh Date of Date of communication on same (1) Title, (2) From whom (if submiss receipt originating office, subject. From whomion by back by enter“office” (3) Outside Reference issued Outside No. and date clerk or clerk No. and date (if received to whom and date from outside) if indexed, officer enter “I” here) 1 2 3 …… 4 5 6 …… …… …… …… …… …… …… …… …… 7 Nature ‘R’ ‘D’ ‘P’ ‘L’ OR ‘N’) and date of disposal 8 162 I.T.-66.A. RECEIPT REGISTER Serial No. No. and date of document 1 2 From whom received 3 SUBJECT Signature of receiving clerk File Number 4 5 6 .... .... .... .... .... .... .... .... Movement 7 .... .... .... .... .... .... .... 161 I. T.-66-B. S. No. No. given on the document DESPATCH REGISTER Whether sent by telegram Address to which sent Regd. post or ordinary post BF. Total carried forward .. Value of postage stamps Tk. Ps. 162 I.T.-67. DAILY STAMP ACCOUNT VALUE OF STAMPS Spent Received Tk. Ps. Tk. Ps. In hand Tk. Tk. 161 I.T.-68. Paper taken out of the Records from charge of Record-keeper No. of 19 . of 19 . Dated To whom given For No. When given Signature of the Clerk taking Initial of the Record-keeper. I.T.72. Acknowledgement of receipt of papers Received the following papers from the Commissioner of Taxes. Number of copies Commissioner of Taxes’s Circular No. of 19. Correction List No. to Income-tax Manual. Income-tax Notification No. Dated 19 . Dated Signature Station English Vernacular Designation BANGLADESH POST CARD WRITING SPACE ADDRESS ONLY THE COMMISSIONER OF TAXES Note.– This receipt should be returned duly signed to the Commissioner s of Income-tax without delay. It should be stamped with five paisa stamp. It should NOT be placed in an envelope. 161 I.T.74. REGISTER OF PROCEEDINGS INSRITUTED AGAINST DEFAULTERS UNDER SECTON 46 OF ACT, XI OF 1922 FOR THE DISTRICT OF ............................................... Serial No. Name of defaulter 1 2 Date of Total issue of process. 10 11 Address File No. 3 Execution of process. 12 4 Date when credited in Treasury with chalan No. 13 No. in demand and collection Register. Date of starting proceedings under section 46 and the Sub-section under which they are taken. Tax Penalty Costs 5 6 7 8 9 AMOUNT REALIZED ARREAR Tax Penalty Costs Total Initial of Deputy Commissioner of Taxes. 14 15 16 17 18 Remarks If any portion of the demand is Remitted this should be noted here together with the date of the remission order and the name of the Officer sanctioning the remission. 19 161 30 I.T.-77. 33 and Register of appeals under Section- Sl. No. Date of receipt of petition Name and address of assessee G.I.R Number Designation of officer (if any) against whose decision the petition is filed Section of the Act against which the petition is made. Date of disposal. 1 2 3 4 5 6 7 Whether Annulled-A. Reduced-R. Enhanced-E. Set aside-S. Confirmed-C. 8 Petitions under Section 66. Assessment If annulled Amount of tax discharged 9 Penalties If cancelled If reduced If enhanced If enhanced or reduced Whether Amount of Confirmed-C. Amount of Amount of Amount of tax extra tax Cancelled-Cd. penalty extra penalty discharged demanded Enhanced-E. discharged demanded Reduced-R. 10 11 12 13 14 Refunds Whether Confirmed-C. Cancelled-Cd. Varied-V 15 Amount of refund allowed 16 Brief note of any other order Confirmed-C. Cancelled-Cd. Varied-V. Enhanced-E. Reduced-R. 17 161 I.T.-78 REGISTER OF IRRECOVERABLE DEMANDS Amount Remitted Serial No. Demand register No. Name of Assessee Serial No. Demand register No. Name of assessee Tax (a) Penalty (b) Cost (c) Total (d) By whom remitted Date of order Remarks By whom remitted Date of order Remarks Amount Remitted Tax (a) Penalty (b) Cost (c) Total (d) 201 I.T.-81 APPLICATION FOR RELIEF FROM DOUBLE TAXATION UNDER SECTION 49 AA OF THE INCOME TAX ACT, 1922 I,............................................................................................................................................. .......of................................................................................s.................................................... ............... do hereby declare that I have paid directly or indirectly in the territory of ......................... taxes on income referred to in the agreement for avoidance of double taxation between the Government of Bangladesh and the Government of that territory, amounting to ........................... in respect of income from sources in ........................................................ amounting to ................, for the period from.................................. to........................................, and that Bangladesh Tax, as defined in that agreement amounting to Tk.......................... is also payable on the same income/income from the same sources amounting to Tk........................................................... I further declare that I Was resident in Bangladesh for the period on the basis of which the doubly taxed income stated above is assessable in Bangladesh and that the tax first mentioned in the preceding paragraph is the amount paid after taking into account any exemption, abatement or relief under the said agreement, or otherwise to which I am entitled in the said territory. I now pray for relief by means of tax credit amounting to Tk.................... under section 49AA of the Income Tax Act in accordance with the provisions of the Third Schedule of the Act. My income from all sources to which this Act applies during the “previous year” ending on.....................19............amounted to Tk........................... only, as shown by my return of income attached/already submitted. Signature. Dated.....................................19 202 I.T.-81-A APPLICATION FOR EXEMPTION FROM BANGLADESH INCOME-TAX IN RESPECT OF ROYALTIES (OTHER THAN NATURAL SOURCES ROYALTIES), PENSIONS (OTHER THAN PENSIONS PAID BY OR ON BEHALF OF THE GOVERNMENT OF BANGLADESH) AND PURCHASED ANNUITIES DERIVED FROM SOURCES WITHIN BANGLADESH IN ACCORDANCE WITH THE PROVISIONS OF AN AGREEMENT HAVING EFFECT UNDER SECTION 49AA BY A PERSON RESIDENT IN THE TERRITORY WITH THE GOVERNMENT OF WHICH THE AGREEMENT IS MADE TO BE FILED BY AN INDIVIDUAL Form to be completed by an individual who is a resident of...................... (see Note 1) and claims relief from BANGLADESH INCOME TAX in respect of ROYALTIES (other than Natural resources royalties), PENSIONS (other than Bangladesh Government pensions) and purchased ANNUITIES derived from sources within Bangladesh. When this form has been completed and signed, and has been certified by the Taxation Authorities of . . . . . . . . . . . (See Note 1) it should be forwarded to the Deputy Commissioner of Taxes shown in Note 2 overleaf. The form must be accompanied by the appropriate certificates of deduction of tax in the case of a claim to refund. QUESTION 1. What is your full name and residential address? (Reply to be given in BLOCK letters). 2. Has any previous claim or return of income been made for the purposes of Bangladesh income – tax? If so, when and from what address was it made and by whom was it signed? 3. Have you ever been resident in Bangladesh? If so, when were you so resident, for what period, and what was your last address therein? 4. What periods have you spent in Bangladesh during the last four years? The dates of arrival and departure should be given. 5. What periods have you spent outside (see Note 1) during the last four years? The dates of departure and return should be given. 6. Have you possessed or retained the use of a place of residence in Bangladesh? If so, state the full address. If it is no longer possessed or retained, state the date on which it was given up. REPLY. 203 QUESTION 7. Are you engaged in any trade or business in Bangladesh? If so, give full particulars. 8. Have you any income from sources in Bangladesh other than those shown in the schedule overleaf? If so, give full particulars. 9. If you claim to have the income paid in future without the deduction of Bangladesh tax( See declaration below), please state: (i) whether any change in the abovementioned circumstances is expected to occur in the next three years; and (ii) Whether the whole of the income will be remitted to . . . . . . . . . . . . . . . . .. . . . . . . .. . .. . . . (See Note 1) REPLY DECLARATION TO BE MADE BY CLAIMANT I declare that I am beneficially entitled to the income derived from the sources specified in the Schedule below and that to the best of my knowledge and belief, all the particulars entered on this form are true and correct in every respect. Therefore claim *refund of Tk. . . . . . . . . . . . . . . . .... . . . . . . . . . . * that the said income may be paid to me in future without deduction of tax. Signature of Claimant. . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . *Delete if inapplicable. CERTIFICATE OF TAXATION AUTHORITIES OF . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Note 1) I/We certified that .. . . . . . . . .. .. . . . . .is resident in . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. (See Note 1) and subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See Note 1) tax in-respect of the income included in this claim. Signature Official Stamp . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . Designation . . . . . . . .. . . . . . . . . . . . . . . . . . . Date . . . . . . . . .. . . . . . . . . . . 204 SCHEDULE (Full details of the income in respect of which relief is claimed must be entered below) 1. PENSIONS AND PURCHASED ANNUITIES Full description of Contact number, income (in BLOCK if any letters) of person by whom paid Amount of income from each source Date or dates on which pension or annuity is payable Amount of Bangladesh deducted II. ROYALTIES Full name and/address (in BLOCK letter) of (a) the person in Bangladesh by whom the royalties are paid, (b) the agent, if any, in Bangladesh by or through whom the payments are made. Amount of income from each source Amount of Bangladesh tax reduced -----------TK. Ps. -------------TK. Ps. ------------ -------------- ----------------------------------------------------------------TOTAL AMOUNT of INCOME ... TOTAL AMOUNT of BANGLADESH TAX... NOTICES 1. Insert the name of the territory with Government of which the Agreement was made under which exemption from the Bangladesh tax is claimed. 2. Class of persons (a) Persons whose total income in Bangladesh is made up of income wholly taxed at source or dividends or both. (b) Persons assessed through statutory agents under section 43 of the Income tax Act, 1922, whether their income arises in a single District or more than one Districts (c) Other persons with any income for direct assessment, e.g., house, property, interest, etc. Deputy Commissioner of Taxes. Exemptions and Refunds Circle. or the D.C.T. having jurisdiction on the assessee or agent Circle in which the statutory agent carries on the business by reason of which incometax is chargeable in his name under section 42, or where he resides as the case may be Circle in which the income for direct assessment is assessed. 26 205 I.T.-81-B APPLICATION FOR EXEMPTION FROM BANGLADESH INCOME-TAX IN RESPECT OF ROYALTIES (OTHER THAN NATURAL SOURCES ROYALTIES), PENSIONS OTHER THAN PENSIONS PAID BY OR ON BEHALF OF THE GOVERNMENT OF BANGLADESH AND PURCHASED ANNUITIES DERIVED FROM SOURCES WITHIN BANGLADESH IN ACCORDANCE WITH THE PROVISIONS OF AN AGREEMENT HAVING EFFECT UNDER SECTIONS 49AA BY A PERSON RESIDENT IN THE TERRITORY WITH THE GOVERNMENT OF WHICH THE AGREEMENT IS MADE TO BE FILED BY A COMPANY Form to be completed by responsible officer of a company which is a resident of.......................................... (see Note 1) and claims relief from BANGLADESH INCOME TAX in respect of ROYALTIES (other than natural resources of royalties) derived from sources within BANGLADESH When this form has been completed and assigned and has been certified by the Taxation Authorities of................. (See Note 1) it should be forwarded to the Deputy Commissioner of Taxes shown in Note 2 below. The form must be accompanied by the appropriate certificates of deduction of tax in the case of a claim to repayment. QUESTION REPLY 1. What is the full name and address of the company? (Reply to be given in BLOCK letter). 2. Where is its business managed and controlled? 3. Is the company engaged in trade or business in Bangladesh? If so, give full particulates. 4. If the company claims to have the income paid in future without the deduction of Bangladesh tax (see declaration below), please state whether any change in the above-mentioned circumstances is expected to occur in the next three years. DECLAFATION TO BE MADE BY THE RESPONSIBLE OFFICER I declare that the company is beneficially entitled to the income derived from the sources specified in the Schedule overlearf and that to the best of my knowledge and belief, all the particulars entered on this form are true and correct in every respect. I therefore, claim on behalf of the Company............................... *refund of TK....................................................................... *that the said income may be paid to the company in future without deduction of tax. Signature.................................................... Date........................................................... *Delete if inapplicable. 206 CERTIFICATE OF TAXATION AUTHORITIES Of ..................................................................................................(see Note 1) I/We certify that.................................... is resident in ................................. .................and subject to ................................(see Note 1) tax in respect of the income included in this claim. Signature.................................. Designation.............................. Date......................................... Official Stamp................................................ SCHEDULE (Full details of the income in respect of which relief is claimed must be entered below) ROYALTIES Full description of royalties, etc. Full name and address (in BLOCK letters) of (a) the person in Bangladesh by whom the royalties are paid (b) the agent, if any, in Bangladesh, by or through whom the payments are made. TOTAL AMOUNT OF INCOME.. Amount of income from each source. Amount of Bangladesh tax deducted. TK. TK. Ps. Ps. .. TOTAL AMOUNT OF BANGLADESH TAX .. .. NOTE 1. Insert the name of the territory with the Government of which the Agreement was made under which exemption from Bangladesh tax is claimed. 2. Class of persons Deputy Commissioner of Taxes. (a) Companies whose total income in Exemptions and Refunds Circle. Bangladesh is made up of income wholly taxed at source or dividends or both. (b)Companies assessed through statutory agent under section 43 of the Income-tax Act, 1922, whether their income arises in a single District or more than one District. Circle in which the statutory agent carries on the business by reason of which income-tax is chargeable in his name under section 42, or where he resides, as the case may be. (c)Other Companies with any income for direct assessment, e.g., house property, interest, etc. Circle in which the income for direct assessment is assessed. 207 I.T.-85 No. of 19 19 . Deputy Commissioner of Taxes. ................................................19 . To ........................................................................................................................................................... ............................................................................................................. WHEREAS the sum of Taka...................................................................................... is due from .............................................. on account of Income-tax, I, the Deputy Commissioner of Taxes of ............................ hereby require you, under Section 46(5) of the Income-tax Act, 1992, to deduct the above amount from any sum chargeable under the lead `Salaries’ payable to the defaulter subsequent to the date of this requisition and to pay forthwith the sum Treasury Officer__ so deducted to the sub-Treasury Officer at .................................................................. Bangladesh Bank for credit to the Government of Bangladesh, when you will be granted a receipt. A chalan is enclosed herewith for the purpose. And you are hereby warned that if you fail to comply with this order you will be liable to prosecution under Section 51 (a) of the Income-tax Act, 1922 (XI of 1922). Given under my hand and Seal this day of 19 Deputy Commissioner. of Taxes . Salaries Circle, ........... 208 I.T.-86. FROM B Notice under section 23(2) of the Income-tax Act, 1922. Deputy Commissioner of Taxes. G.I. No....................... Dated the.....................19 . To Dear Sir, Madam, There are certain points in connection with the return submitted by you under section 22 of the Income-tax Act, 1922 (XI of 1922) for the year ending ..................... in regard to which I should like some further information. I should be obliged therefore if you could attend my office at.............. on................... at....................... either in person or by a representative duly authorised in writing in this behalf, or there produce or cause there to be produced at the said time any documents, accounts and other evidence on which your return has been based. Deputy Commissioner of Taxes. NOTE.—Failure on the part of an assessee to comply with the terms of the notice under section 23 (2) entails an assessment to the best of the Deputy Commissioner’s of Taxes judgment and may further entail a penalty under section 28 of the Act. 209 I.T.-87 OFFICE OF THE APPELLATE JOINT COMMISSIONER OF TAXES Year—19 -19 Appeal No. From District Name of Petitioner Address District File No. Assessment u/s__ Appeal against Penalty u/s_____ Order u/s Date of order appealed against Date of filling of petition Date of adjournment Date of hearing Date of appellate order Result of appeal (Score out inappropriate items below.) Rejected u/s 31(3) Reduced u/s 31 (4)(a)/(f) Enhanced u/s 31 (4)(a)/(f) Annulled u/s 31(4)(a) Set aside u/s 31 (4)(b) Cancelled u/s 31 (4)(c)/(d)/(e)/(f) Varied u/s 31 (4)(d)/(g) 210 I.T.-87-A. OFFICE OF THE COMMISSIONER OF TAXES Year—19 -19 Reference No. Review No. From District Name of Petitioner Address District File No. Date of filing of petition Date when referred to High Court Division Date of receipt of order of High Court Division Date of review order Revised Petition Result of Reference [Here enter appropriate letter as per margin.] A- Assessment annulled C- Do. cancelled E- Do. enhanced R-Do. reduced S- Do. set aside U- Do. unsuccessful . 211 I.T.-88-(L). TAXES DEPARTMENT District. Circle. Division. Ward. 1. Year of assessment. 2. G.I.R. No. 3. Name of assessee (with complete address) 4. Status-(Whether individual, Hindu undivided family, company, local authority, registered or unregistered firm or other association of persons). 5. WhetherResident and ordinarily resident. Resident but not ordinarily resident. Non-resident. 6. Method of Accounting. 7. Accounting periods (To be shown separately for each source of income). 8. Section and sub-section under which the assessment is made. 9. D./C. No. ASSESSMENT 212 I.T.-88 A EXAMINATION REPORT Assessment year I. 1. Name and address of the assessee. 2. Status of the assessee. 3. WhetherResident and ordinarily resident. Resident but not ordinarily resident. Non-resident. 4.(a) Has the return been properly filled in including the Property Schedule and Depreciation Form? (b) Has the verification been dated and properly signed by the person entitled to sign it? (c) Is the necessary information required under section 38 furnished? 5. Sources of income with exact nature of Business, profession or vocation. (a) Sources of income in Bangladesh. (b) Sources of income outside Bangladesh. 6. Branches:(a) (b) (c) 7. Shares of the assessee in:(a) Registered firms with G.I.R. Nos. (b) Unregistered firms with G.I.R. Nos. (c) Association of persons with G.I.R. Nos. 8. Partners:(a)Names with shares. (b) Are they separately assessed? If so where? (If in your jurisdiction, quote G.I. No. If in another jurisdiction, state by which Deputy Commissioner of Taxes) 9. Income assessed in:19 -19 . 19 -19 . 19 -19 . 10. Income returned:- (a) Total income. (b) Total world income. 11. Reference to I.T. 54 and definite facts therein (state whether they tally). 12. Information regarding interest and other payments (I.T. 93). 27 G.I. No. 213 13. (a) Name of the person present. (b) Account books produced. (c) Accounting periods. (To be shown separately for each source of income). 14. General comments on accounts:(a) Whether the accounts are closed or unclosed. (b)Stocks, how valued. (Cost price or market price.) (c) Method of accounting. (d) Whether a balance sheet has been filed duly signed by the assessee? (e) Whether personal accounts have been examined? (Copies of these accounts to be reproduced in the report). 15. Whether income from subsidiary sources is recorded in accounts? -------Details of Examination I.T.-90. Notice under Section 34 of the Income-tax Act, 1922 (XI of 1922). Deputy Commissioner of Taxes office Dated G.I. No............................ To Whereas I have reason to believe that your income assessable to income-tax for the year ending 30th day of June, 19 has (a) escaped assessment, (b) been under-assessed, (c) been assessed at too low a rate, (d) been the subject of excessive relief. assess I therefore propose to-----------the said income that has reassess (a) escaped assessment, (b) been under-assessed, (c) been assessed at too low a rate, (d) been the subject of excessive relief. I hereby require you to deliver to me not later than or within 35 days of year receipt of this notice, a return in the attached form of your total income and total world income assessable for the said year ending 30th day of June, 19. Seal (a) to (d) Unnecessary portions to be struck out. Deputy Commissioner of Taxes 214 I.T.-91. CONFIDENTIAL STATISTICS OF PAYMENTS MADE TO CONTRACTORS Year Name. Address. 1 ---------------- 2 ----------------- Total payments made. 3 ----------------- Estimated profits. Remarks. 4 ----------------- 5 ------------------------ Signature of the officer filling in the Return. Date Designation No. Forwarded to the Deputy Commissioner of Taxes with reference to his letter No. ,dated 19 . 215 I.T.-93. From for communicating payments, etc., from one circle to another. No. Book No. Dated Payer Payee Name Address Number in general index register. Amount paid TK in cash__________ by book adjustment Date of payment Nature of payment Where entered Deputy Commissioner of Taxes. Forwarded to the Deputy Commissioner of Taxes. Considered. Initials of Deputy Commissioner of Taxes and date 216 I.T.93A. FORM FOR COMMUNICATING IMPORT/ FORM FOR COMMUNICATING IMPORT/ EXPORT FIGURES (LAND CUSTOMS),ETC., EXPORT FIGURES (LAND CUSTOMS),ETC., FROM ONE CIRCLE TO ANOTHER FROM ONE CIRCLE TO ANOTHER Book No…......... Book No…......... S.No….............. S. No….............. To ----------------------------------------------------------------------------------------------------------------------------------------------Counterfoil…................................................. Name….......................................................... Address…...................................................... ….................................................................. No…............................... Value of goods (excluding Custom, Duty). …................................................................... Date…........................................................... D.C.T.’s Name…......................................... To ----------------------------------------------------------------------------------------Name of the importer/exporter. …............ …............................................................... Address….................................................. Name of the land customs Office….......... …............................................................... Nature of goods…..................................... Value of the goods (excluding Custom Duty)…..................................................... Date of import/export…............................ Forwarded to D.C.T….............................. Clerk-in-charge. Date of receipt of acknowledgment….............................. M 1457(65)CBR Entered import/export Slip No…..........in communication slip register at serial No.. Clerk-in-charge. 217 I.T.93B. . . I.T.93B. INFORMATION SLIP I.T.93B. INFORMATION SLIP Book No............. Serial No....................... Book No............. Serial No..................... No..................... Date.................... Name of authority inviting tender. Name of authority inviting tender. Received information slip Book No..................................... Date and No. of tender. Date and No. of tender. Name and address of contractor. Name and address of contractor. Estimated value of contract. Estimated value of contractor. Forwarded to D.C.T. Forwarded to D.C.T. Serial No....................................... and entered in information register at Serial No......................... Income-tax____ Placed in Sales-Tax______ Enquiry File No. Deputy Commissioner of Taxes. Date Clerk-in-charge. Date Clerk-in-charge. To ----------------------------------------------------------------------------------- 218 I.T.-93C. Book No............................. Serial No...................... Form for report of newly registered companies and partnership firms. Office of the Commissioner of Taxes (Survey and Collation Branch).................................. Dated the............................... Name and address of the Company/ Partnership Firm. ..................................................................................... ..................................................................................... Date of registration. ..................................................................................... Authorised capital. ..................................................................................... Nature of business. ..................................................................................... Public or Private Company. ..................................................................................... Name of Managing Director. ..................................................................................... Forwarded to D.C.T..................................................................................................... Clerk-in-charge. -------------Acknowledgement Received an I.T. 93 C Book No.................. Serial No................... A file has been started bearing T.R. No................................................................. Forwarded to the Deputy Commissioner of Taxes, Survey and Collation Branch......................................................................... Dated the....................................................... Deputy Commissioner of Taxes.................... Circle............................................. 219 I.T.-93D Book No. Serial No................... Office of the Commissioner of Taxes (Survey and Collation Branch.)--------------------------------------------------------------------Dated the ...................... 19........... Extract from the General Survey Register. (see Register..................................... Page No..............................................................) Name of the occupant: (Particulars recorded in cols. 3 to 5 of the Register should be copied here). G.I.R. No. of the occupant (if old assessee). Address: Sources of income: (Particulars in Cols. 6 to 11 of the Register should be copied here). Forwarded to C.T.I. (Survey & Collation Br.)...................................................... D.C.T.............................................................................................. Inspector. ___________ I.T.-93E. Book No. Serial No............................. Office of the Commissioner of Taxes (Survey and Collation Branch)---------------------------------------------------------------------Dated the-------------------------------19 Extract from the House Property Survey Register (see Register------------- Page No.----------) 1. Address of the property: 2. Name and address of the owner: (Particulars in col. 5 of the Register should be copied here.) 3. Annual Municipal rental value: 4. Actual rent found in survey: 5. Sources of income of the owner or husband or father: (Particulars in Col. 6 of the Register should be copied here.) 6. G.I.R./T.R. No. C.I.T. (Survey and Collation Br.)------------------------------------------------------Forwarded-------------------------------------------------------------------------------------D.C.T.-------------------------------------------------- -----------------------------------Inspector. 220 Form for returning defective appeal petitions Endorsement on P.R. No. I.T.-102 dated 1. The petition is returned owing to the following defects:(1) It is not in the prescribed form. (Form enclosed) (2) The form has not been properly filled in (see mark X). (3) It is not verified as required by law. (4) It has not been stamped with court-fee labels to the value of Taka..... ............... .......................................................................................................... (5) The notice of demand Order under section 23(6) Intimation of the amount of loss served on the petitioner has not been Intimation of the order of the refund enclosed. (6)The order under................. bearing court-fee stamps for ............ has not been filed with the petition. (7) The order under ................ filed has not been stamped with court-fee labels to the value of .......................................................................................... (8) The affidavit(s) filed should be on stamp papers of the value of Taka................ (9) Grounds of appeal not specifically stated. 2. Petitioner(s) may, if so advised, resubmit the petition after rectifying the defects. Appellate Joint Commissioner. Office of the Appellate Joint Commissioner of Taxes. To The Petitioner(s) through Vakil with a petition, Vakalat and Demand Notice bearing unpunched courtfee stamps of the value of Tk.................................................................. _________ I.T.-104 FORM A ORDER OF ADJUSTMENT OF REFUND OF TAX Dated the.......................19 . To THE TREASURY OFFICER, ..................................................... 1. Certified that with reference to the assessment records of Messrs/Mr./Mrs./Miss ... ..................................................................................................... (G.I.R./T.R. No................................a refund of Tk................. (Takas.......................................... is due to them/him/her. 28 221 2. Certified that the tax concerning which this refund is given has been credited in the Treasury. 3. Certified that no refund regarding the sum in question has previously been granted and that this order of refund has been entered in the original assessment file of the assessee under my signature. This refund is adjusted towards Corporation-tax Income-tax Super-tax Sales-tax due from this assessee for 19........... III-Corporation Tax IV-Taxes on income other than Corporation tax. Please therefore debit Central-Refunds Income-Tax Super-tax IVA-Sales Tax-Central Refunds. III-Corporation-tax. IV-Taxes on income other than Corporation-tax. and credit the amounts to Ordinary collections Income-tax IVA --Sales-tax D.C.T. FORM B (To be returned to the D.C.T.) Treasury. Dated........................... 19 To The D.C.T., ......................................................... Refunds-Adjustments-Your Memo. No.................... dated................ ............................. I have adjusted refund of TK.......................payable to Messrs/Mr./Mrs./Miss ...... ......... .............................................................................................................................................. to III.-Corporation-Tax_______________________ IV.-Taxes on income other than Corporation-tax --Income-tax Ordinary Collection. Super-tax IV--A--Sales Tax Treasury officer. _________ I.T.105 Form for returning defective Return of Income. Taxes Office. Dated , The 19 . To Re: The form submitted by you as return of income for the assessment year----------------------The return filed by you is invalid because of the following defect(s) noticed therein. You are required to correct the defect(s) mentioned below and submit the . 222 Return y by failing which you will be liable to be treated as an assessee who has not submitted a Return and to be assessed under section 23 (4) and also to be penalized under section 28 or prosecuted under section 51 (c). Top Heading1. The name and address has not been shown. 2. The status has not been shown. Part I3. The income shown in column 2 against item is only an estimated or approximate figure. The exact amount of income or loss should be shown. 4. Against the sub-head “Sources other than those mentioned above" under the head "5.-Other sources” details have not been given. 5. In section B details have not been given against item 1 and/or 2. Section A has____ 6. The total(s) of Section A,B & C have not been given. Part II7. Details under item 4 are not given. 8. Total has not been shown. Part III9. Particulars under (a)/(b)/(c) have not been given. 10. (Full) particulars under (b)/(c) have not been given. Part IV11. The case under not (2) has not been filled up. 12. The figure carried to Part I of the return does not tally with the net profit (or loss). 13. A copy of the Profit and Loss Account or Balance Sheet or a copy of the statement which corresponds to profit and Loss Account has not been furnished. 14. A copy of the Auditor’s Report and certificate has not been filed. Part VI15. Particulars of income from property have not been given. Declaration16. 17. 18. 19. The declaration has not been signed by the proper person. The verification has not been properly filled up so as to show the status of the assessee. The period of accounting is not given. The return has not been filled up and s Deputy Commissioner of Taxes. 223 I.T.-105A Form calling for Documents, Statements or Information from an Asseessee. Deputy Commissioner of Taxes. Dated , the 19 . To Re: the form submitted by you as return of income for the assessment year........................................................ ................................. The following documents, statements or information which should have been submitted with the return have not been furnished. You are accordingly requested to furnish the same to me now by......................... ....... .... ................................. ..............................................................failing which *you will be deprived of the benefit under section 18(5). you will be deprived of the benefit under section 15. you will be deprived of the benefit of depreciation allowance admissible. 1. Amount of tax deducted at source on salaries, securities/dividends. 2. Certificates under section 18(9). 3. Certificates under section 20. 4. Insurance premium receipts. 5. Statement of prescribed particulars for depreciation allowance under section 10(2) (vi). Deputy Commissioner of Taxes. *Inappropriate words should be deleted. 224 I.T.-106. Form for intimating to assessees extensions of time. F. NO. /19 -19 . Office of the Deputy Commissioner of Taxes. Dated, the 19 . Ref:- Your application dated I grant you extension of time up to I regret I cannot grant the extension asked for making a return of your income the production of account your attendance the production of evidence in support of your return the payment of tax. Deputy Commissioner of Taxes. ____________ I.T.-107 Return under Section 20-A of the Income-tax Act, 1922 for the year 1st July, 19 . to 30thJune, 19 Name of payer.......................................................................................... Address of payer............................................................... Serial Name of Address Whether Date of Amount of Amount of Remarks. No. payee. of payee. the payee is paymen interest or tax, any t. aggregate deducted Resident/Noninterest. there-from. resident. 1 2 3 4 5 6 7 8 ------------------------------------------------------------------------- I -----------------------------------------, the Principal Officer of the Company, hereby certify that the above statement contains a complete list of persons to whom interest or aggregate interest exceeding TK. 400 (regardless of any interest paid to me/us/the Company) was paid during the period commencing on the 1st July 19 , and ending on the 30th June, 19 . Dated.......................................19 *Strike out whichever is inapplicable. Signature. Designation 225 I.T.-110. I hereby certify that the interest/dividend on the various securities/shares specified below was received by me on behalf of Trust/Estate------------------ and that I have in my possession certificates issued under Income-tax Rules 13/13A/14 covering the interest/dividend and certifying the rate of tax specified below, I further certify that these original certificates have been retained and cancelled by me. Official Trustee__________________, Administrator General, Office of the Administrator General and Official Trustee. the 19 . Description of security and share. dd Date of declaration of dividend. Period for which dividend was declared. Date of realization of interest and dividend. Net Amount of interest and dividend. TK. Ps. Rate at which Incometax was deducte d or suffered . Amount of tax deducte d (for securiti es only). Tk. Date of remittance of interest and dividend to the beneficiary, Ps . Amount Remitted In Bangladesh Currency. In Sterling . Tk. £ s d Ps. Remarks (Including the name of the beneficiary and the extent of his other interest in the Trust or Estate, etc.). TO BE SIGNED BY CLAIMANT I hereby declare that securities/share on which interest/dividend was received as above specified from the corpus of a Trust Official Trustee I am a beneficiary vested in the of which Estate Administrator General the beneficiaries and the share of each are not known and that they were in the possession of at the time when this interest/dividend was realised. Signature Dated I.T.111. Circle G.I.R. Number PERMANENT NOTES Assessee’s name__________________________________________________________ Address_________________________________________________________________ Type of business__________________________________________________________ Particulars of Enclosures ---------------------------------- Particulars of income assessed: Year Business* Property ---------- ---------------- ------------ Income taxed at source ! ---------------- Other income ------------ 1.___________________ 2.___________________ 3.___________________ 4.___________________ 5.___________________ 7.___________________ 8.___________________ 9.___________________ *Lost to be shown in red ink. When a loss of an earlier year is allowed, the full business income before deducing the loss should be shown. !Includes interest on Securities and Dividends. I.T.-112 No. OFFICE OF THE DEPUTY COMMISSIONER OF TAXES Dated, the 19 . To Re:- Application for refund for TK.____________________________ With reference to your application for refund of income-tax, dated the , no refund is due to you as shown ___________ I have the honour to inform you that the sum of TK. made up as shown below_________________ th up as shown below, is repayable to you in respect of Income-tax for the year ended 30 June 19 uuyou an order No.__________dated for his amount is enclosed accordingly and the amount is being remitted by money order. Yours faithfully, Deputy Commissioner of Taxes. CALCULATION OF REFUND N.B-unnecessary portions to be struck out. , INCOME TAX I.T.-114 Form of declaration to be made under the provisions of Section 12-A of the Income-tax Act, 1922 in respect of Managing Agency Commission. (a) Declaration by the Managing Agent. I_____ I on behalf of , hereby declare that I have_____ the company has been appointed as the managing agent of company by virtue of the resolution of the company, dated 19 . I am_____ the company is Under an agreement, dated made for adequate consideration liable to share the total of the managing agency commission with the following persons in the proportion noted against each:- Myself___ the company . 1. (Name and full address) 2. 3. In proof whereof I submit herewith a copy of:1. the resolution of the company dated 2. the copy of the agreement, dated and I, therefore, pray that in the assessment to be made for the year ending on 30 th June, 19 entitled under the I ______ may be charged on the share to which I am_____ the company above said agreement. the company is (or alternatively) Proof was submitted on 19 for the purpose of the assessment to be made for the year ending on 30th June 19 , and I, therefore, pray that may continue to be I __ charged only on the share to which the company I am_____ entitled under the above said agreement. the company is Signed Status Dated I, correct. Verification , hereby declare that what is stated in this application is Signed Status Dated 29 (b) Declaration by the party sharing the managing agency commission. I, , hereby declare that by virtue of an agreement, dated made for adequate consideration I am included to a share in the managing agency commission to as managing agent of company. The total of the commission is to be distributed in the following proportion:- Myself 1. (Name and full address) 2. 3. I, therefore, pray that I may be charged to income-tax in the assessment to made for the year ending 30th June/March 19 , on the share to which I am included. Signed Status Dated Verification I, is correct. , hereby declare that what is stated in this application Signed Status Dated ______________ I.T-115 Certificate under the second proviso to Section 42(I) of the Income-tax Act, 1922. I hereby certify that Mr. the agent________ of the non-resident may who may be assessed as agent pending final settlement of the liability retain, out of the money payable by him to the non-resident, a sum of TK. being the estimated liability under Sub-section(1) of Section 42 of the said nonresident (or of the agent on behalf of the said non-resident) in respect of the income-tax assessment for the assessment year. Note:- The aforesaid sum is only a provisional estimate of the liability and does not in any way prejudice the final assessment. Dated Deputy Commissioner of Taxes. I.T.-119. GOVERNMENT OF BANGLADESH TAXES DEPARTMENT IDENTITY CARD Identity Card No. DESCRIPTION OF HOLDER Name--------------------------------------------------------------Father’s name-----------------------------------------------------Designation--------------------------------------------------------PASSPORT SIZE PHOTOGRAPH 3.25"2" Residence----------------------------------------------------------Date of birth-------------------------------------------------------Height--------------------------------------------------------------- of the outdoor officer. Date---------------------- Signature of the holder. The above named is authorised to hold out-door enquiries and to serve notices, etc.,/and to execute warrants, etc., relating to income-tax, Sales tax, Estate Duty assessments, and recovery of Taxes dues. Seal Date---------------------------(of photograph) Commissioner of Taxes Controller of Estate Duty. Date---------------------------- 1. The card is valid for three years from the date of issue. 2. When the appearance of the holder is so altered that the photograph is no longer accurate, the card must be renewed. 3. The description of the holder should be personally filled up by the holder. Commissioner 4. The card should be signed by the holder in the presence of the Controller I.T,-120. BUDGET ESTIMATES OF Under III.- Corporation Tax And IV.- Taxes on Income other than Corporation Tax For the 4 months 7months 8 months ending 31st October 31st January 28/29th February Forwarded to the Secretary, National Board Revenue, Dacca. Dated the Commissioner of Taxes. 19 . 19 . 19 . Under iiii corporation Tax and Budget Estimates of Budget estimates Actuals. Heads 19 -19. 19 -19. 19 -19. 2 3 4 1 III - CORPORATION TAX 1. Ordinary collections .. .. 2. Miscellaneous – a) Penalties under the E.P.T. Act .. b) Penalties under the I. Tax Act .. c) Penalties under B.P.T. Act .. d) Other items .. .. 3. Deduct – Refundsi. Payment on account of double income tax relief granted to companies. ii. Other refunds .. .. Net Total .. .. 4.Surcharge (central)-(1) Ordinary collections .. .. (2) Deduct –Refunds— (i) Payment on account of double income tax relief granted to companies .. .. .. (ii) Other refunds .. .. Net surcharge .. 5.Excess Profits Tax— 1) Ordinary collections .. .. 2) Deduct – Refunds – (i)Double Excess Profits Tax relief .. (ii)Other refunds .. .. 3) Deduct – Amount transferred to Deposit Account of E.P.T. refundable to assesses under the Finance Act,1942 (i.e. the additional amount payable by Government.) Net Excess Profits Tax .. Total amount of deposit. a) Under the Finance Act. 1942 b) Under the E.P.T . Ordinance. 1943:(i) On provisional assessment . (ii) On regular assessment. ( compulsory deposit) Tk. Actual first 4/7/8months. TK. Tk. 19 -19. 5 Tk. Estimate last 8/5/4 months . TK. IV.- Taxes on Income other than Corporation Tax 30 [ In thousands of Takas.] Actuals of previous year Actuals of current Actuals of previous year year year 4 First 7 4 First 8 Months. 6 7 Last 8 Months. 7 Tk. Estimate of current 8 8 5 Last 5 4 4 Months. 8 Tk. Budget 19 . 19 19 Remarks estimate. 19 . Months. 9 Tk. Revised estimate. 10 Tk. 11 Tk. 12 Tk. Tk. IV- Taxes on Income other than Corporation Tax ( In thousands of Taka) Actuals of previous year 4 First 7 9 months 6 Tk. 30 Actuals of current year 4 First 7 9 months 7 Tk. Actuals of previous year 8 Last 5 3 months 8 Tk. Estimate of current year 8 Last 5 3 months. 9 Tk. Revised estimate. Budget estimate. 19 19 -19 . 10 -19 . 11 Tk. REMARKS 12 Tk. Tk. Budget Estimates of Under III.- corporation Tax and Actual. Heads. Budget estimates. 19-19. 19-19. 19-19. 19-19. 1 2 3 4 5 (2) Super Tax --(1) Deductions by Government from salaries pensions -(i) Super tax in respect of Central (Federal) emoluments .. (ii) Super-tax in respect of other emoluments .. .. (2) Other collections .. .. Total .. (3) Deduct --- Refunds --(i)Super tax in respect of Central (Federal ) emoluments .. (ii) Other refunds .. .. Total – Refunds .. Net Super- tax .. TK TK TK TK 3.Miscellaneous ----Penalties under the E.P.T. Act .. Penalties under the I. Tax Act .. Penalties under the B. P. T. Act .. Other Items .. .. .. Total .. 4. Surcharge ( Central ) – (1) Ordinary collections .. .. (2) Deduct --- Refunds – (i) Payment on account of double income –tax relief granted to companies .. .. (a) (b) (c) (d) (ii) Other refunds .. .. (3) Deduct ---- Amount credited to Deposit Account of the Central Surcharge refunded for the benefit of assesses Net Surcharge .. IV- Taxes on Income other than Corporation Tax ( In thousands of Taka) Actuals of previous year First months 6 Tk. 4 7 9 Actuals of current year 4 7 9 Actuals of previous year months 7 8 5 3 months 8 Tk. Tk. First Last Estimate of current year 8 5 3 months. 9 Last Tk. Revised estimate. Budget estimate. 19 19 -19 . 10 -19 . 11 Tk. Remarks 12 Tk. Tk. Budget Estimates of under III.-corporation Tax and Budget estimate, Actuals Heads 19-19. 19-19 19-19 3 4 19 -19, 1 2 5. Excess profits Tax-- TK. (1) Ordinary collections .. TK. 5 TK. TK. .. (2) Deduct - - - Refunds --(i) Double Excess Profits Tax-relief (ii) Other refunds .. .. .. (3) Deduct – Account Transferred to Deposit Account of E. P.T. refundable or assesses under the Indian Finance Act, 1942 (i. e. the additional amount payable by Government).* Net Excess Profits Tax 6. Business Profits Tax – (1) Ordinary collections .. .. (2) Deduct – Refunds .. .. Net Business Profits Tax 7. Capital Gain Tax Net .. .. Net Total ---- IV . ---- Taxes on Income other than corporation Tax NET GRAND TOTAL .. *Total amount of deposit. months Actual first 4/7/8 months. Estimate. Estimate last 8/5/3 (a) Under the Indian Finance Act, 1942. (b) Under the E.P. T. Ordinance, 1943:---(i) On the provisional assessment. (ii) On regular assessment (compulsory deposit). TK. Tk. IV- Taxes on Income other than Corporation Tax ( In thousands of Taka) Actuals of previous year. Actuals of current year 4 First 7 Actuals of previous year 4 Last 7 9 Estimate of current year 8 Last 5 9 Last 5 3 months months. 6 7 8 9 ... Tk. .. 19 19 Remarks Estimate, -19 . -19 . 3 months Tk. Budget 8 months Tk. Revised estimate, 10 11 Tk. .. 12 Tk. .. Tk. .. Tk. .. .. ... .. .. .. .. .. ... .. .. .. .. .. ... .. .. .. .. .. .. .. .. Progress of Assessment Income Tax 1 2 1. Total number of assessments to be completed during the year:(a) Carried over from the previous year (b) Relating to the current year .. Total 2. Total number of assessments completed during the first 4/7/9 months(a) Out of 1 (a) .. .. (b) Out of 1 (b) .. .. .. .. .. .. .. Total .. 3. Pending assessments:(a) Previous years [1(a) minus 2(a)] .. (b) Relating to the current year [1(b)minus 2(b)] .. Total .. 4. Demand levied in the first 4/7/9 months of the year . Relating to assessments of(a) Previous year .. (b) Current year .. .. .. .. .. Total 5. Collection during the first 4/7/9 months of the year Relating to assessments of(a) Previous year .. .. .. (b) Current year .. .. .. Total 6. Estimated demands in respect of(i) 3(a) plus [4(a) minus 5(a)] .. .. (ii) 3(b) plus [4(b) minus 5(b)] .. .. Total 7. Collection expected to be made out of(a) 6(i) .. .. .. (b) 6(ii) .. .. .. Total 8. Demand brought from last year .. 9. Estimated collections against item 8 10. Total of items 5,7 and 9 .. .. .. .. .. .. .. .. Excess Profits Tax 3 Business Profits Tax 4 APPENDIX “A” 1. Number of cases pending on 1st July, 19 ,relating to assessment years19 -19 19 -19 19 -19 19 -19 19 -19 19 -19 19 -19 Total 2. Approximate amount of tax involved in cases mentioned in (1) above- .. Cases of 19 19 19 19 19 19 19 -19 -19 -19 -19 -19 -19 -19 Total .. 3. The number of pending cases likely to be com- pelted in the current year relating to19 -19 19 -19 19 -19 19 -19 19 -19 19 -19 19 -19 Total .. 4. Estimated amount of revenue expected from cases in (a) aboveTotal .. 19 -19 19 -19 19 -19 19 -19 19 -19 19 -19 19 -19 Total .. 5. Estimated amount expected from current cases- Corporation Tax IncomeTax SuperTax APPENDIX “B” (Taka in thousands) 1. Total amount collected under section 18A awaiting adjustment head on 1-7-19 .. .. 2. Estimated amount out of (I) above likely to be transferred revenue during the year .. to .. 3. (a) Additional tax expected in cases coming under (2) above .. (b) Estimated collections out of (a) above .. .. 4. (a) Tax due from assessees not assessed under section 18-A (including section 34 cases of earlier years .. .. (b) Estimated collections out of (a) .. 5. Tax deducted at source (b) 4/7/9 .. .. forward from .. Collections during first months out of (a) above (c) Difference [(a) minus (b)] (d) (c) Estimated above Corpora- Income Super Sur- Gains tion Tax Tax Charge Tax Tax 2 1 6. (a) Demand brought last year .. Capital collections .. .. out of .. 7. Total of items 2,3(b),4(b)5, 6(b) and 6(d) .. .. 8. Total of items 1, 3(a), 4(a), 5 and 6(a) 3 4 5 6 Total 7 31 2 Total to be carried forward 3 19 4 19 5 19 6 19 7 19 8 19 9 19 10 19 11 19 AMOUNT SET OFF IN YEAR 12 19 13 19 14 19 15 19 16 19 17 Remarks I.T.122 *Where losses have been incurred in respect of more than one separate and distinct business (or other source of income) a separate form should be completed for each such separate business or source. 19 19 19 19 19 19 19 19 1 Assessment year for which loss is determined *FROM SHOWING CARRY FOR WARD LOSSES GOVERENMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH TAXES DEPARTMENT .......................ZONE. INSPECTION REPORT. ___________ Name of the circle: Period covered by inspection: Name (s) of the Deputy Commissioner (s) of Taxes in charge during the period with dates. Time taken for the inspection: The inspecting Joint Commissioner should record under each heading of this form his conclusions and option based upon his inspection of the work of the circle and upon the report of the inspection in part III. 2. The Inspecting Joint Commissioner should give his personal attention to all important matters, Which affect the amount of tax assessed and it collection. He should also supervise the Inspector’s work in respect of points covered by part III and before starting the inspection he should give detailed Instructions to the inspector as to the lines on which he should proceed and the points on which he wants any special investigation. The Inspecting Joint Commissioner remains responsible for the whole inspection. Note. ___The Deputy Commissioner (s) of taxes replies, if any should be confined to specific queries on cases or on the facts or statistics quoted. They should not discuss the general observations made by Inspecting Joint Commissioner. Date Place Inspecting Joint Commissioner. Range............................. Date Commissioner of Taxes Place .........................Zone. I.T-123 PART I TABLE OF CONTENTS pages. 1. 2. 3. 4. 5. 6. General .. .. .. .. Refunds .. .. .. .. Arrears of assessment work .. Arrears o demand .. .. Penalties, prosecutions and compositions Legal avoidance .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 245 246 247 247 248 248 ___________________________________________________________________________ Note.- Only general comments on the above matters are to be recorded in this part detailed notes being entered in part II. GENERAL 1. What is the importance of the circle from the revenue point of’ view? What industries or traders contribute the major portion of the revenue of the Circle? 2.Quote the total demand figures of the preceding three years and collections. How do they compare? Is the increase/decrease in the latest of these years satisfactory explained? I.J.C should report if the decrease is due to bad assessments or if the increase was not as much as was expected. 3.(i) Whether survey, both external and internal, has been fully carried and whether action on survey reports has been properly taken. (ii) The number of new cases discovered together with the number of notice issued and demand raised in assessments disposed of should be stated. 4.General comments on accounts and assessments work should be made on the following lines (the answers here should be made in a narrative from and the remarks should be very briefly supported by cases discussed in part II and otherwise):-(i) Are big cases dealt with promptly and thoroughly? (ii) Is the D.C.T unduly meticulous in small cases and has he wasted much time on them? (iii) Are defaults in submission of return and accounts promptly dealt with and proper assessments made under section 23 (4)? (iv) What was the percentage of the appeals to the total number of assessments and what percentage of appeals disposed of in last year were successful? What inference about the quality of the assessments is deductive from these figures? (v) Whether assessments set aside in appeal are completed within six months time? (vi) Have extracts from previous Inspection Report been placed on relevant files and all necessary action taken? (vii) Whether additional tax under section 18 (7) has been levied in all cases where tax has not been deducted and paid in accordance with section 18 of the Act. (viii) Has action under section 45A of the Income-tax Act and section 12A of the sales-tax Act in respect of additional tax for delayed payment been taken in all appropriate cases a? (ix) Whether necessary action have been taken in cases of default u/s 22(1) and 22A (x) Whether instruction or guidance given by I.J.T.C or C.T. in particular case have been followed in subsequent assessment. (xi) Is 18A work properly looked after? (xii) Are penalties under section 46 reasonably imposed to enforce payment? 5.Administration: The I.J.C.T. should briefly efficiently done. The following points should be particularly commented on (details should be given in part III.); (i) Are demand notices issued soon after the assessment, and default in timely payments not over looked? (ii) Did the D.C.T show interest in the proper maintenance of registers or he just la ft them to the clerks? Which of the register have not been properly maintained? (iii) Whether statements and statistical returns to higher authorities are submitted in time and whether the office supervision by the supervision is satisfactory? 6.Refunds: (i) Are all claims dealt with in reasonable time? I.J.C.T. should note if any interest was paid under section 49G of the income-tax Act section 27B of the Sales-tax Act, 31c of Wealth-tax Act and 32B of the Gift-tax Act, for delayed refunds. (ii) Have the refunds been computed carefully and no major errors made? 7.Whether all manufactures/Wholesalers liable to sales-tax have been include in the G.I.R (S.S.T.29) and the D.C.T has taken all steps to ensure that sales-tax is regularly paid by them. 8.Has the D.C.T made Income-tax and Sales-tax assessments at the same time? I.J.C.T should make general comments on the quality of assessment. (Comments in specific cases should be made in part II along with comments on Income-tax assessments). 9.The I.J.C.T should note whether all cases liable to wealth-tax have been brought on the list. He should also make general comments on the quality of wealth-tax assessments . 10. Whether action for Gift-tax assessments has been taken in all liable cases. The I.J.C.T should also make general comments on the quality of Gift –tax assessments. ARREARS OF ASSESSMENT WORK Only general remarks should be made here. In all important cases in which pending proceeding (including proceedings under section 34) appear to be unduly long, a detailed comment should be made. The I.J.C should note the number of arrear assessments as at the beginning of the last year and as at its end. If there was no reasonably expected reduction in the arrears in last year, the therefore, should be stated along with suggestions for reducing them rapidly. It should be particularly stated whether the important and complicated cases are pending for the reason that the D.C.T is unwilling to face the complexities. The arrears may include may cases where little or no revenue is involved; in such cases the I.J.C should indicate the manner for their quick disposal / removal. A rough estimate of the revenue involved in the arrear assessments should be given. ARREARS OF DEMAND Only general remarks should be made stating the causes for the arrears and the prospects of their realisation (the I.J.C.T. may quote here examples to support his remarks). The I.J.C.T. should note the amount of outstanding demand at the beginning and at the end of the current year. PENALTIS, PROSECUTIONS AND COMPOSITIONS General remarks should be made quoting instances, if necessary. General comments on whether the D.C.T. has paid sufficient attention to this aspect of the work and whether be has handled the case tactfully, but firmly should be given here. In any circle in which there have been very few of these cases or none whatever the Inspecting Joint Commissioner should state whether, in his opinion, this is due to the high standard of integrity in the area or to the inability of the D.G.T. to discover the frauds committed. A Special comment should be made if large under assessment has been discovered by exceptionally intelligent work of the Deputy Commissioner of Taxes or any member of his staff. The I.J.C should also note whether he came across any case where penalty was eligible but proceedings were either not taken or dropped. LEGAL AVOIDANCE. 1. Each company case in which the profits exceed Taka 50,000 should be examined to see whether section 23A might be applicable. 2. Have suitable cases been investigated to ascertain whether section 16 (1) (c), 16 (3), 44D, 44E or 44F applies. In addition to examining cases in which action has been taken the Inspecting Joint Commissioner should examine other likely cases (e.g., refund claims by or on behalf of wives, trustees or minor children, etc . big cases in which the dividend and interest income has fallen, large dealers in securities, etc.) 3. General comments on this aspect of the work should be put here and a special comment should be made if the discovery of the avoidance or attempted avoidance of a large amount of revenue is due to exceptionally intelligent work by the D.C.T. or any member of his staff. PART II. TABLE OF CONTENTS Pages 1. Statement I 2. ” II 3. ” III 4. ” IV a, b, c 5. ” V 6. Index of cases discussed in part-II. 7. Detailed notes on cases (assessment, penalties, Registration, refund, etc.) ( No. of Income Tax assessments in arrears.) 251 ( List of new registrations under section 26A.) 252 ( Statement of affairs under section 18A) 252 (Number of Sales-tax, Gift-tax and Wealth-tax 253 assessments in arrears.) ( List of cases exempted under section 15BB/14A 253 of the L.T Act). “ “ “ “ “ 254 “ “ “ “ “ 255 The Inspecting Joint Commissioner should pay special attention to the following points while examining finalised cases:--1. Whether the accounts produced are systematic and reliable? 2. Are the personal expense as shown in the accounts in keeping with the status and general reputation of the assessee? 3. Are there any cash deposits in personal accounts? If so, has D.C.T. fully investigated the nature of these deposits ? 4. Has the Deputy Commissioner of Taxes carefully examined the trial balance? Was the nature of these accounts investigated? 5. Do the accounts furnish a quantitative analysis of the goods accounts? If not, what step has the D.C.T. taken to check the accuracy of the book profit? 6. Have the accounts been treated in the light of information collected from independence sources? 7. Has the D.C.T. investigated the source of funds for acquisition of additional assets? 8. Has the wealth statement been called for important cases and properly examined? A certain number of cases of registration (Section 26A), and concealment [Section 28 (I) (a) should be commented on. STATEMENT I Number of Income-Tax assessment in areas as at the date of inspection (Including current assessment) Assessments No. year Total Chat. I Chat. II Chat. III Chat. IV 19 .. 19 .. 19 .. 19 .. 19 .. STATEMENT II List of new registration under section 26A allowed sine the last inspection. Serial no. 1 G.I.R. 2 Name of firm 3 Date of first registration. No. of. partners. I.J.C’s remarks (comments should be made in parts I and II). 4 5 STATEMENT III Statement of affairs under section 18A A) B) (i) Total number of cases which paid tax under section 18A in the preceding years. (ii)Amount of tax paid. (i) Total number of cases which are liable to pay tax under section 18A in the current year. (ii) Tax due in the above cases. (iii) Total number of cases which are paying tax under section 18A in the current year. (iv) Tax paid up to the date of inspection. (v) Action taken against the defaulters. 6 STATEMENT IV (a) Number of Sales-tax assessments in arrears as at the date of inspection (Including current assessments) Assessment year. 19 19 19 19 Number. -19 -19 -19 -19 (b) Number of Wealth-tax assessments in arrears at the date of inspection (including current assessment) Assessment year. Number. 19 19 19 19 -19 -19 -19 -19 (c) Number of gift-tax assessments in arrears at the date of inspection (including current assessment) Assessment year. 19 19 19 19 Number -19 -19 -19 -19 STATEMENTS V List of cases exempted under section 15BB/14A of the Income-tax Act. (1) Name and Address. (2) Total capital employed. (3) Period of exemption. (4) Total income declared and assessed for the latest 2 assessment years. Index of cases discussed in Part II . – (Cases where draft or reports have been asked for should be marked with an asterisk). Serial no G.I.R. No. Name. Page mark in this part. 1 2 3 4 Detailed notes on cases (assessments, penalty, registration, refund, etc). PART III This form is provided for the use of the Inspector in the examination of the clerical work of the office in behalf of the Inspection Joint Commissioner. 2. Any special items which the Inspector thinks should be brought to the notice of the inspecting Joint Commissioner should be noted on separate sheets to be attached at the end of this part. The inspection should be made on the lines indicated by the Inspecting Joint Commissioner and the report should be handed over to him as soon as the inspection is completed. 3. The I.J.C should test-check the Inspector’s report satisfy himself that it is correct and complete and give definite directions where necessary, for removing irregularities; he should not sign this part unless the test-check has been made and the directions have been issued. 33 2 3 4 5 6 7 8 9 Remarks. Have D.C.T’S. orders about starting new files etc. in the notes of order sheet been carried out? Do the figures in I.T.30 and 88, regarding the rate of tax, deduction of tax at sources, rate of rebate, etc, agree? Have page numbering miscellaneous file arrangement of certificates filed under section 20 and 18(9) been properly done ? Has the chalan for the payment of tax been properly filed? Have acknowledge slips been securely filed? Is the return in all respect valid (e.g, signed by the proper person) pages. Is the return properly verified 1 Is the correctly G.I.R. Number INCOME-TAX ASSESSMENT RECORDS The Inspector should verify the arithmetical work and the arrangement of files in the cases selected by the Inspecting Joint Commissioner for detailed scrutiny, the numbers of which should be noted below. The following points should be noted :------ 10 Is the return in all respect valid (e.g, signed by the proper person) Have acknowledge slips been securely filed? 2 3 4 5 6 7 8 9 Remarks. Has the D.C.T.’s orders about starting new files, etc, in the notes of order sheet been carried out? Has page numbering of miscellaneous file been properly done? Are the rates of tax correct ? and taxed correctly? Has the chalan for the payment of tax been properly filed? Is the return properly verified 1 Is the return correctly completed G.I.R. Number SALES-TAX ASSESSMENT RECORDS The Inspector should verify the arithmetical working and the arrangements of files in the cases selected by the I.J.C. for detailed scrutiny, the numbers of which should be noted below. The following points should be noted :----- 10 REFUND ORDERS (I.T.32) Detailed list with comments A list of the numbers of the refund order books used since the last inspection should be given below together with the specific numbers of the voucher which were checked in detail by the I.J.Cs staff Ordinary 20 per cent of the refund orders should be checked in detail with the files. I.J.C. should personally examine all refund orders exceeding Tk. 1,000 and in-corporate the result in part II, if any point is involved. In particular all cases involving double income-tax relief with foreign accounts should be examined in details and shown to the I.J.C. REFUND ORDERS (I.T.32 AND SS, T. 23) General comments on Income-tax and sales tax refunds. Are the arrangements for the calculation of the refund by the clerks and for checking it by another member of the staff adequate? Who keeps the unused books and where? Who keeps the books in us and where? Is particular care taken in granting refund of sales-tax collected at the Import/Export stage? REGISTER- GENERAL CONDITIONS The question below relating to each register should be answered separately, but comments about the general condition of the registers and manner of keeping them should be made here. General Index Register (I.T.36) Is it properly maintained in accordance with para.57 of the office manual? Are all the columns filled in and made to serve the purpose for which they are intended Are the removal properly attested? Are new cases properly entered in the register? Are separate lists of cases added and removed maintained? Whether all useless cases have been revalued from the G.I.R. Trial Register (I.T.36A) Whether T.R has been properly maintained and whether and cases in this Register have been properly dealt with. Demand and collection Register (I.T.41). Are the postings about demand made by the D.C.T himself? Are collections posted soon after collection, and correctly? (10 per cent of the cases of last year and current year should be selected at random by the Inspector and the collection verified with re-reference to I.T.41, the chalan the file and the entries in I.T.44). Are modification made as a result of appeal etc, properly carried out? Have the arrears (demands and refunds) of list year been correctly brought forward in the current year's (I.T.41)? What are the total amounts of this arrears brought forward? Are the chalans placed in the files immediately after the posting have been made? Has the D.C.T checked the collections and initialed the register after such check? Is the plus-minus memorandum properly kept? Daily collection Register (I.T.44) Is monthly verification properly carried out with the treasury. Daily collection Register under section 18-A (I.T.135). Is this Register properly maintained? (If any register for the current year is not up-to -date the I.J.C. should fix a time-limit within which it should be brought up-to-date; he should ask for a report that his orders have been complied with). Salary Register (I.T.48) Is there an up-to-date list of employers and employees? Is a check list maintained to show that each employer is paying the tax deducted at source punctually? Is the current year's check list up-to-date? Are steps taken to keep collections up-to-date by the issue of reminders and coercive measures? ( The Inspector should check a number of posting in the salary register with the salary statements in I.T.2 in a selected number of cases. He should also see the posting in the previous year and see whether they agree with the returns under section 21 and the figures on which some of the selected salary cases are assessed.) Register of tax recovered on Interest on securities of Local authorities and companies (I.T.49) Is there a list of debentures issued by local authorities and companies? Are statements in from I.T.3 received from the companies in that jurisdiction where debentures have been issued by the companies? What check is kept over it? Register of Tax Recovered from payment to non-Resident. Is a proper register kept and checked with the list of person who are known to make payments to non-Residents? Register of Reference to and from other Districts (I.T.53). Is the Register properly maintained? How many names are there in these register? Were replies promptly dealt with? Have exemption certificates been issued and received in all cases? Register of proceeding under section 46 (I.T.74). Are penalties imposed in a rational manner and are these effective? State the number of cases in which penalties were imposed and the total amount. Total number of cases in which certificates under section 46(2) were issued, demand involved and amount realized. Total number of cases in which Distress Warrants under section 46(3) were issued, demand involved and amount realized. Total number of cases in which notice under section 46 (5A) were issued, demand involved and amount realized. Register of Proceeding under section 46A total Number of cases in which notice u/s 46A were issued demand involved and amount realized. Register of cases in which action under section 35 was taken. Number of cases in which mistakes were rectified under section 35. Where these the result of carelessness? ( If any register for the current year is not up-toDate, the I.J.C. should fix a time-limit within Which is should be brought up-to-date, he should ask for a report that his order have been complied with). Register of Application under section 30,33 and 33A. Are these properly kept and entries made correctly? Register if Irrecoverable Demand (I.T78). Number of cases in which demand was written off as irrecoverable and the total amount written off. Was the write-off sanctioned by competent Authority. Were proper enquiries made before writing-off was made? The Inspector should check the counterfoils in some cases selected in random. Register of communication slips (I.T.93, etc.) Is a register maintained to note receipt from other circle and watch their disposal? What are the number of communication slips received (i) last year (ii) current year, How many of them have been disposal of till date? Exemption Certificate (I.T.33) Are the certificates issued in order and are They issued promptly in all cases where application is made? Register of Registered Firm. Is a separate register kept or is a portion of the General Index Register used for the purpose. Register of Application for Copies Are applications for copies promptly dealt with? what are the numbers of applications in (i) last year (ii) in the current year, and how many in each year have been disposed of till date? Are collection on account of copying fees and search fees properly calculated and duty credited into the treasury. Forward Diary. Is it properly maintained? (A test-check should be made)? Correspondence (Receipt and issue) Register. Is this register intelligently maintained? If this is not kept has any other register been prescribed by the commissioner as a check on the daily receipt other than those relating to assessment records? Cash Book. Is it checked by the Deputy Commissioner of Taxes Periodically? (If any register for the current year is not up to-date, the I.J.C. should fix a time-limit within which it should be brought up-to-date" he should ask for a report that his orders have been complied with). Contingent Register. Is the expenditure properly classified under different heads? Has any unauthorised expenditure been incurred? (The Inspector must test-audit some of the vouchers). Register of Forms and Stationery. Are the receipts and issued properly noted? Where the indents prepared correctly? Is the stock sufficient for the year or it is excessive? Daily stamp Account (I. T. 67). Is the expenditure economical? Is there a separate staff for the services of notice? If not, how many of the peons are utilised for the purpose? Periodical statements and Annual Returns. Is a proper calendar of statements and returns kept? Returns Are the returns under section 19-A, 20-A, and 21 received at the prescribed time? If not, are steps taken to get them? Is a complete list of persons, who should send these returns kept? Are all the names of taxable employees shown in the returns under section 21 included in the G. I .R ? Monthly Progress Reports. The Inspector should check this with the entries in I. T.41 for one or two months and some selected files entered in I.T.41 on the last day. Income-tax Clearance Certificate (Ordinance No. IV of 1947). Section 47A of the I.T. Act. Are the certificates promptly issued? What is the number of undisposed of any application on the date of Inspection? (If any register for the current year is not up-todate, the I.J.C should fix a time-limit within which it should be brought up-to-date; he should ask for a report that his orders have been complied with). Service and leave Accounts. Are these maintained correctly? Are the following register maintained? 1. 2. 3. 4. 5. 6. 7. Register of books and publication Register of in furniture. Security Register. Acquittance roll-pay bill register. T.A. Bills Register. Attendance Register. List of contractors- P.W.D. Local Fund. Abkari, Forests, etc. 8. Typewriter Machine cards 9. Register of files. 10. Register of registers. 11. Register of records destroyed. 12. Statistical. Is the destruction of old register and records up-to-date? Are files maintained in the office for the following in an intelligent manner? Income-tax Law and Rules, Notifications, interpretations, circulars, etc. Establishments-Gazetted, Non-Gazetted and Inferior servants-appointment, transfers, leave, etc. Correspondence and proceedings, etc. pay all allowance-circulars and instructions. 34 Miscellaneous-forms, stationery, reports, returns- circulars regarding. Elections and electoral rolls-circulars and instructions. Circulars issued by the joint Commissioner, Commissioner of the Board. Office orders of the Deputy Commissioner of Taxes. Audit objections on pay, travelling allowances and contingencies. List of files and periodicals. Fortnightly monthly diaries of Inspectors. Statement of progressive expenditure (B From Statement with A slip). Progress report of assessment and collections. Estimate of receipts of Income-tax and supertax (four monthly figures). (If any register for the current year is not up-todate, the I.J.C should fix a time-limit within which it should be brought up-to-date; he should ask for a report that his orders have been complied with). Abstract of monthly collection. Collection of tax on salaries (ordinary collections and refunds). Verification of refund orders cashed (for use in treasury only). Return of refund applications pending for more than 3 months. Recondition statement of receipts. Recondition statement of expenditure. Quarterly certificate of cleaning of type writers. Statement of non-residence assessed through agents. Establishments list (as on 1st January). Detailed statement of permanent establishment as on list as on 1st April. List of files and periodicals, -contd. Acknowledgement of permanent advance. Statement of expenditure under IV-Taxes on income other than Corporation tax. Statement of receipts and expenditure. Budget estimate of receipts- Income tax and super-tax. Budget estimate of charges. Statement of immovable property. Statement of permanent appointment made in the clerical staff. Statement of irrecoverable arrears of Incometax and Super-tax written off. Annual returns and administration report. Indent for Forms. Indent for stationery. Indent for ''T''. and ''A''. forms. Destruction of records. (If any register for the current year is not up-todate, the I.J.C should fix a time-limit within which it should be brought up-to-date; he should ask for a report that his orders have been complied with). Statement of public buildings occupied by Government servants. Statement of standard of work of establishment. Statement of sanctioned strength, scale of pay, etc of the establishment. Statement of expenses incurred in obtaining encumbrance certificate for recovery of Incometax arrears. Statement of revenue from and expenditure on building (owned or leased by Government) used partly as officer's residence. Statement of dividends of companies under section 19-A to be Commissioner of Taxes. (If any register for the current year is not up-todate, the I.J.C should fix a time-limit within which it should be brought up-to-date, he should ask for a report that his orders have been complied with). Sales Tax General Index Register of Licensed Manufactures products (SS.T-29.) Are all the columns filled in and made to serve the purpose for which they are intended? Are the removals properly entered in the Register? Are new cases properly entered in the Register? Are separate list of cases removed and added, maintained? Sales tax Demand and collection Register? (SS.T26). Are the posting about demand made by the Deputy Commissioner of Taxes himself? Are collection correctly posted soon after collection and correctly? (10 per cent of the cases of last year should be selected at random by the inspector and the collections verified with reference in SS.T-31, the chalan in the file and the entries in SS.T-26). Are modification as a result of appeal, etc. properly carried out? Are the arrears (Demands and refunds) of last year correctly brought forward in the Current year's register (SS.T.-26)? What are the total amounts of arrears brought forward? Are the chalans placed in the files immediately after the posting have been made? Has the Deputy Commissioner of Taxes checked the collection and initialed the register after such check? Is the plus minus memorandum properly kept? Daily collection Register (SS.T.-31) Is monthly verification properly carried out with the Treasury? Register of proceeding under section 12(2). Are penalties imposed in rational manner and are these effective? State the number of cases in which penalties were imposed and the total amount. Total number of cases in which certificates u/s 13(1) were issued, demand involved and amount realised? Total number of cases in which Distress Warrants u/s 13(1) were issued, demand involved and amount realised? Register of application under section 14, 15 and 16. Are those properly kept and entries made correctly? Register of irrecoverable demands. No. of cases in which demand was written off as irrecoverable and the total amount written off. Was the write-off sanctioned by competent authority? Were proper enquires made before writing off was made? Forward Diary Is it properly maintained? (A test-check Should be made). N.B-(If any register for the current year is not up-to-date, the I.J.C should fix a timelimit within which it should be brought upto-date; he should ask for a report that his orders have been complied with). PART IV STATESTICS FOR INSPECTION Statements A, B, C, and D should be filled up by the Deputy Commissioner of Taxes just before inspection and handed over to the Inspecting Joint Commissioner as soon as he starts the inspection. The statistics in statements A and B should be for three years. The I.J.C. should test-cheek the figures. 2. It may probably be found difficult to fill up all the columns in Statement 'A' for the first one or two years. Distribution of work among the Staff. Name and Designation Pay Tk. Total length of service in the Department Period of service in the present Office Full details of the work allotted to him as at the time of inspection 8 Collection against the amount in column (8). 9 Arrears of sales -tax (Section 10) brought forward from the preceding year. 10 Collection against column (10). 11 Demand of Sales-tax (Section 10) during the year. 12 Collection against column (12). 13 Refund during the year. 14 Revised Estimates of revenue (as approved) by the Commissioner for the year. (a) (b) 18 No. successful during the year. No. of appeals with Tribunal (Section 15) (b) No. disposed of during the year. No. of appeals with A.J.Cs. (Section 14) (a) 16 No. Successful during the year. 17 15 Tk. No. disposed of during the year. APPENDEX 'I' STATEMENT C Statement showing the state of affairs of sales-tax work during the year ended................. in Sales-tax Office..... Sales-tax due and collectable under section 12 during the year. Tk. Assessments completed (including arrear assessments during the year). 7 Tk. No. of annual assessments due during the year including arrear assessments brought forward. 6 Tk. No. of manufacturers as at the end of the year. 5 Tk. No. of manufacturers added during the year. 4 Tk. No. of manufactures as on 1-4-19-. 3 Tk. 2 Tk. 1 Tk. Year 2 No. of assessees as per G.I.R. in the beginning of the year. 3 No. of assessees introduced in the year. 4 No. of assessees removed from the G.I.R. during the year. 5 No. of assessees as per G.I.R. at the end of the year(this should agree with the figure in col.2 of the subsequent year). 6 No. of not liable cases including those shown in col. 4. 7 No. of registered firms. 8 No. of companies. 9 No. of salary cases. 10 No. of direct refund application, see. 48, 49, 49A & 49AA. 12 Sec. 23(3) No. of assessments. Sec. 23(1) 11 Sec. 23(4) 13 14 No. of appeals u/s 30. 16 No. of successful appeals. 18 Number of successful appeals. 20 Number successful. Revision sec. 33A . 19 Total number of applications disposed of Appeals Sec. 33. 17 Total number of appeals disposed. Disposal of appeals u/s. 31. 15 No. disposed. FORM A Statement showing the Stat of affairs (excluding E.P.T. and B.P.T.) during the last three years in the Taxes Office.............. 1 Year. 22 23 24 25 26 Net collection. 27 TK TK 28 Net budget estimates. Amount of penalty. TK TK 32 Amount of penalty. TK 34 Amount 35 TK TK 36 Amount of penalty. 38 39 TK Remarks. TK Amount Interest u/s 18A (6)(7)(8). TK 37 Number. Sec.46(1). Number. Cases under other subsectio n of section of section 28. TK 33 Number. Sec 28 (2A) Cases. 31 Number. Sec 28 (1A) Cases. 29 Number. TK 30 FORM A -Concld. Statement showing the Stat of affairs (excluding E.P.T. and B.P.T.) during the last three years in the Taxes Office.............. 21 TK Amount refund. TK Gross collection. TK Net demand. TK Amount of refund. TK Gross demand of the circle. TK Amount of tax reduced as a result of appeals & revisions. Statement D. Statement showing the state affairs of Wealth-tax during the year ended--------in the Taxes office---------------------------------------------------------------------------------------- Year No. of assesses on 17-19 No. of assesses added during the year No. of assesses removed during the year No. of assesses at the end of the year 1 2 3 4 5 Assessments completed (including arrear assessments) during the year Demand of wealth-tax during the year No. of annual assesses due during the year including arrear assessments brought forward 6 Collections against Column 8 Arrears of wealth-tax brought forward from the preceding year Collection against Column 10 9 10 11 7 8 Refunds during the year Revised estimate of No. year appeals with A.J.Cs. revenue as a approved (Section 23) by the Commissioner for No. disposed of during No. successful during the year. the year the year 12 13 14(a) No. of appeals with Tribunal (Section 24) No. disposed of during the year 15(a) No. of review petitions with C.T. (Section 25) No. successful during No. disposed of the year during the year 15(b) 14(b) 16(a) No. successful during the year 16(b) STATEMENT E Statement showing the state of affairs of Gift-tax during the year ended--------------------------in the Taxes office---------------------------------------------------------------------------------------------Year No. of assesse es on 1-719-- 1 2 Assessments completed (including arrear assessments ) during the year No. of assessees added during the year No. of assessees removed during the year 3 4 Demand of Gift-tax during the year 7 12 13 No. of appeals with Tribunal (Section 23) 6 Arrears of Gift-tax brought forward from the preceding year 9 Revised estimate of revenue as approved by the Commissioner for the year No.of annual assessments due during the year including assessments brought forward 5 Collection against Column 8 8 Refunds during the year No. of assessees at the end of the year Collections against Column 10 10 11 No. of appeals with A.J.Cs. (Section 22) No. of disposed of during the year No. successful during the year 14(a) 14(b) No. of review petitions with C.T. (Section 24) No. disposed of during the year No. successful during the year No. disposed of during the year No. successful during the year 15(a) 15(b) 16(a) 16(b) M 1457 (65) C.B.R I.T-124. NOTICE UNDER SECTION 28(3) THE INCOME-TAX ACT, 1922 GIR No........................................ To --------------------------------------------------------------------------------------------------------------------------------- Dated, the .....................19...... WHERES-(a) you have failed without reasonable cause to furnish the return/certificate/statement in respect of the assessment year 19--- which you were required to furnish under section 18(9)/section 19A/section 20/ section 20A/section 21/section22/section34/section38; (b) you have failed without reasonable cause to furnish the return/certificate/statement in respect of the assessment year 19--- which you were required to furnish under section 18(9)/section 19A/section 20/ section 20A/section 21/section22/section34/section38; within the time/extended time allowed under the said section; (c) you have failed without reasonable cause to comply with a notice under section 22 (4)/section 23(2) in respect of the assessment year 19 ----; (d) in the course of proceeding under the Income-tax Act, 1922, in respect of the assessment year 19---- .. I am I am satisfied that you have in the course of the said the Appellate Tribunals is proceeding or in earlier proceeding relating to the assessment in respect of the same previous year--- (i) concealed the particulars of your income/deliberately furnished inaccurate particulars of your income; (ii) failed without reasonable cause to comply with (an) order (s) issued/rules(s) made in pursuance of the second proviso to section 13; (e) in the course of proceeding in connection with assessment under section 23 for 19 - , I am satisfied that--- (i) you have furnished under sub-section (2)sub-section (3) of section 18A estimates of the tax payable by you which you knew or had reason to believe to be untrue; or (ii) you have without reasonable cause failed to comply with the provisions of sub-section (3) of section 18A; (f) in the course of proceeding under the Income-tax Act, 1922 in resp[ect of the assessment year 19== I am I am satisfied that the profits of the registered firm-- the Appellate Tribunal is have been distributed otherwise than in accordance with the share of the patterns as shown in the instruments of partnership registered under of the Income-tax Act, governing such distribution, and you have thereby returned your income below its real amount; you are hereby called upon in pursuance of sub-section (3) 28 of the Income-tax Act, 1922 to show cause at my my Tribunal's on office at at A.M./P.M. why a penalty under section 28 of the Income-tax Act, should not be imposed on you. For the purpose of a hearing in compliance with this notice, you may either appear in person or through a representative duly authorised under section 61 of the said Act. Deputy Commissioner of Taxes. Appellate Joint commissioner. Register, Income-tax Appellate Tribunal. N.B.-----Delete inappropriate words. INCOME-TAX Record of Returns of Income and connected Statement of accounts. _________________________ DISTRICT OR AREA- NAME OF ASSESSE---- ADRESS_ NUMBER IN GENERAL INDEX REGISTER__ I.T.125. RETURN OF INCOME (To be retained for period of 20 years) DESRIPTION OF PAPERS Year Return (Pages) 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. 19 -19 .. Balance sheet (Pages) Profit and loss account (Pages) Other account statements (Pages) Dateof removal Initial of the clerk removing it I.T.126 Form for recording particular, of dividends Seria l No. Name of compan y Date of distributio n. Net amount of dividen d. 1 2 3 4 Grossin g factor (i.e., the formula ). Gross Dividen d. 5 6 TAXborne percen t. Amount of taxborne dividen d. 7 8 Taxfree percen t. Amount of tax free dividen d. Exemp t percen t. Amount of exempt dividend s. 9 10 11 12 Amoun t on which tax is payable by assesse s. Rate at which the compan y receive d D.I.T. relief. Adjustme nt under section 49 C(2) of relief due to the assesses. 13 14 15 Remark s. 16 I.T.-127 Form for reporting taxed and tax-free percentages in respect of companies Rate at If not which the assessed, Percentage Percentage Name of Total Percentage Percentage Percentage Percentage company Assessment Accounting loss or of to be taxed the income of profits of profits of exempt of capital obtained year. period. depreciation agricultural in hands of company assessed. taxed. tax- free. profits. gains. double carried profits. shareholders. incomeforward. tax relief. 1 2 3 4 5 6 7 8 9 10 11 12 Remarks. 13 I.T.-130. FORM A Form of return of “total income referred to in rule 3 of Finance (Income- tax) Rule, 1943. Name Status Address In compliance with the public notice under section 22 (1) calling for returns of Income by the , 19 my I declare that the family’s , the firm’s the Association’s total income for the year ending as follows:Salaries .. .. Interest on securities .. property .. . . amounted to .. .. .. .. .. .. Tk. .. Tk. . Tk. Business, profession and vocation . Other sources – (a) Interest, ground rent, etc. Tk. . . . Tk. Tk. Tk. (b) Dividends Total . Tk I the family my 2. In discharge of ------- liability to be assessed the firm its the Association have has has deposited on the of 196 , a sum of Tk. in the Defence Savings Bank Account at the post office as per certificate attached. In respect of the income from salaries/ interest on securities / dividends shown in paragraph 1 a sum of Tk. has been deducted or is deemed to the balance of Tk. only have been paid at source and therefore, ----------------------------------------------------------------no amount has been deposited in the Defence Savings Bank Account. 3. I hereby declare that to the best of my knowledge and belief the information given is correct and complete. Signature Status NOTE 1.- The alternatives which are not required should be scored out. NOTE 2.- The declaration shall be signed (1) in the case of individual , by the individual himself. (2) in the case of Hindu undivided Family, by the Manager or Karta. (3) in the case of a firm, by a partner. (4) in the case of any other Association, by a member of the Association. I.T.131 FROM B Form referred to in Rule 14 of the Finance (Income- tax ) Rules, 1942 Name of employer Address Month 198 Seria l No. Name of employee . Estimate d total yearly income under the head “salaries” . 1 2 3 . Amount of salary paid For the period to the month to which this statemen t relates. 4 For the month to which this statemen t relates. Tota l 5 6 For the period to the month to which this statemen t relates. 7 Amounts deposited in the post office Defence savings Banks For the month to which this statemen t relates. Tota l Remarks . 8 9 10 I.T.-132 Notice of Demand under section 29 of the Income Tax Act, 1922 for advance payment of tax under section 18A(1) of the Act. To ......................................................................................................... ........................................................................................................ ........................................................................................................ This is to give notice that under sub-section (1) of section 18A of the Income Tax Act,1922, the sun of Tk.-----------------------------as specified below has been determined to be payable by you during the financial year 19 . 2. Whereas after issue of the previous notice of demand served on you your assessment on--------------------------------------------------------------------------for a previous assessment of the registered firms in which you are a partner year later than that referred to in the notice of demand has been completed, the sum payable by you has been predetermined to be Tk.----------------------as specified below. 3. You are required to pay the amount in equal installment(s) on or before the 15th September, 15th December 19 , 15th March and 15th June 19 , ,Treasury officer Sub- Treasury officer -----------------------------at -------------------------------------------------------------------Sonali Bank Bangladesh Bank when you will be granted a receipt ----------------------------------------------------------------chalan (s) is / are enclosed for the purpose in which you should enter the amount of each installment at the time of payment. If this notice of demand is served on you after any of the dates in which the installments specified herein are payable, the whole tax is payable in equal installments on the dates which fall after the service of the notice or in one installments if the notice is served after the 15th day of March 19 . 4. If, at any time before the last installment as aforesaid is due, you estimate that your income ( other than the income in which tax is deductible at source under section 18) for the previous year for assessment for the year ending on the 30th day of June 19 , is less than the income on which you have been required to pay tax as above , you may send to the D.CT. an estimate of the tax so payable on such estimated income and should pay such amount less any installments already paid in accordance with paragraph 3 of this notice as accords with your estimate in equal installments on such of the dates specified above as have not expired, For this purpose , our should enter in the appropriate chalans the amount payable according to your estimate. You may revise your estimate at any time before the last installment is due and may adjust any excess deficiency in respect of any instilment already paid in a subsequent installment or installments. 5. If your income of the previous year for assessment for the year ending on the 30th day of June 19 , includes any income of the nature of commission which is payable periodically and is not received or adjusted by the payer in your account before any of the quarterly installments of tax becomes due you may defer any the payment of tax on that part of your income to the date when such income is normally receivable or adjustable .and if you do so you should inform the deputy commissioner of Taxes of the date to which the payment is so deferred. If, however, you do not pay the tax so deferred within 15days of the receipt of adjustment in your account of such income, you will be liable to pay interest thereon at 6 per cent. per annum from the date of receipt of adjustment to the date of payment . 6. If, not having made an estimate of the tax payable by you under section 18A(2), you do not pay any installment of tax on or before the date on which as specified in paragraph 3 of this notice it becomes due, you will treated as in default in respect of such installment and will be liable under section 46 (1) to a penalty which may be a great as the amount of the installment due . If however ,you have under sub-section (4) of section 18A deferred the payment of a part of tax and have informed the deputy commissioner of Taxes in respect of such tax until the date of deferment. 7. If under sub- section (2) of section 18A you send to the deputy commissioner of Taxes an estimate of the tax payable by you, but do not pay any installment of tax in accordance therewith on or before the appropriate date, you will be treated as in default in respect of such installment and will be liable under section 46(1) to a penalty which may be as great as the amount of the installment. Deputy Commissioner of Taxes Circle........................................ Address..................................... Dated...........................................19 Place ........................................... *Delete in appropriate words or figures. Order under section 18A(1) of the Income Tax Act. Name of assesses status Address District or Area Number in General Index Total income determined in the latest completed assessment being that for the year 19. Less share of income, if any, form registered firm where the assessment of the firm has been completed for a year later then that referred to above Add share of income, if from a registered firm according to the latest completed assessment of the firm .. .. Total income .. .. .. .. Less earned income allowance, contribution to recognized pro-dent Funds, life insurance premium ,etc. .. .. .. Taxable income .. .. .. Total world income .. .. .. .. Income tax supper tax 2 3 1 Gross income- tax and super-tax chargeable on total world income (in the case of a non-resident only) .. .. Gross income- tax and super-tax chargeable on total income .. .. .. sums included in total income in respect of which income tax and/or super-tax is not payable .. .. .. .. (i) (ii) (iii) (iv) income to which the provisions of section 18 apply income which is exempt from tax, e.g., share or income from an association of person or an unregistered firm on the profits of which tax has already been paid .. .. .. .. .. Interest on tax-free securities and/or portion of divined paid out of tax –free income and any other income exempted from income-tax .. .. income exempted from tax under section 15-B .. .. Deduct tax on income on which income tax is deductible under section 18 at the maximum rate .. .. Net amount of income-tax and super-tax .. Less rebate due.......... Less amount on account of estimated double income tax relief, if any............... Balance payable .. .. .. .. Less tax already paid in the financial year under section 18-A in compliance with the previous notice of demand served on .. .. Net amount of tax payable/refundable .. .. Total sum payable/refundable (in figures as well as in words) Taka (Taka ). Deputy commissioner of Taxes Circle....................................... Address..................................... Date.................................... I.T.-133. NOTE FOR GUIDANCE OF ASSESSEES REGARDING THE PROVISIONS OF SECTION 18-A OF THE INCOME TAX ACT, 1922 The tax which an assesses is required to pay in the current financial year under section 18-A whether it is based on a previous assessment or on his own estimate of current of current income is advance tax (a) in respect of the art of his income from which tax is not deductible at source under section 18 and (b) in respect of the assessment for the following year. 2. If an assessed pays tax on the due dates as required by section 18-A (1) on the basis of his latest completed assessment, he incurs no liability under any of the penal provisions of the section even if the tax determined on regular assessment is much greater. 3. The Government shall pay simple interest at 10% under per annum on the amount by which the aggregate sum of advance tax paid sub-section (1),(2),(3) and (4) of section 18-A (excludes the amount of the tax determined u/s 23 of assessment u/s 23 or a period of two years from the first day of April in which the tax was paid, whichever is the earlier. 4. If any assessed considers that the tax is been required to under section 18-A(1) exceeds the tax that will ultimately be payable make his own estimate of the income and the tax payable thereon [vide sec. 18-A(2)]. In estimating the amount of income chargeable he should take into account all the relevant circumstances. The tax payable should be computed at the current rates. 5. Any estimate of tax made under sub-section (2) or (3) of section 18-A should be sent to the Deputy Commissioner of Taxes and may be in the specimen form given. 6. Penal interest.—If on his own estimate made under sub-section (2) or (3) of section 18-A the assessed pays no tax under section 18-A or the aggregate amount of tax paid in the current financial year is less than seventy-five per cent of the tax determined on regular assessment (excluding any difference due to the tax on income which was liable to deduction of tax at source under section 18 1 and any difference due to changes in the rates of tax) simple interest at 1 per cent. per menses is 2 payable by him from the first of April on the year in which the tax was paid up to the date of regular assessment or for a period of two years from the first of April in which the tax was paid, which over is earlier. 7. Penalties.-Besides penal interest, other penalties which an assessed may incur are– (a) Under estimation of tax payable. – Where an assesses has furnished estimates of the tax payable him which he knew or had reason or had reason to belief to be untrue the Deputy Commissioner of Taxes may impose a penalty which may be 1-1/2 times the amount by which the tax actually paid fall short of the amount of tax that he is required to pay under section 18-A (1) or 80% of the tax determined on regular assessment whichever is the less. (b) Failure to send an estimate under section 18-A(3)- Any person who has not hitherto been assessed and whose total income, for the period which would be the previous year for an assessment for the following year is likely to exceed twenty-five thousand Taka, is required to send to the Deputy Commissioner of Taxes an estimate of tax payable by him. If the fails to do so before the 15th day of June and the Deputy Commissioner of Taxes is satisfied that such failure was without reasonable cause, he may impose a penalty equal to 1-1/2 times eighty per cent. of the tax determined on regular assessment. Specimen form for communicating to the Deputy Commissioner of Taxes an assessee’s estimates of the tax payable by him under sec. 18-A calculated on his estimated income to which this section applies [see section 18-A (1) and (2)]. Name of the assessee .. .. .. ................................................................... Status: (please state whether Individual, Hindu undivided family, Firm, company, Local authority or an Association of persons) .. .. .. ....................................................... Address.. .. .. .................................................................................... The tax payable by the assessed named above for the previous year ending ................................................................is estimated as follows: Tk. 1. Estimated ‘total income’.. .. .. 2. Adjustment to total income to arrive at ‘total .. world income’ in the case of a non – resident 3. Total world income 4. Less income to which section 18 applies 5. Net income to which section 18 –A applies (Deduct item 4 form 1) item 6. Income- tax and super-tax on (5) above at the average rate applicable to ‘total in come 'or total world income as the case may be (after deducting tax on any income which is exempt) 7. Total Amount payable 8. Less amount for estimated double incometax relief, if any is due 9. Net amount payable 10. Less amount of tax already paid under section 18-A, if any 11. Balance payable Amount of tax included in item 9 of which the payment is deferred under section 18A(4) to ................................19 , I certify that the part of the income on which payment of tax is deferred is receivable normally no .................19 . ..................................... ..................................... ..................................... ..................................... Incometax/Super-tax ..................................... ..................................... --------------------------..................................... ..................................... Signature of the person making the estimates. *Status.......................................................... Date.......................................... place......................................... To The DEPUTY COMMISSIONER OF TAXES. *The estimate of income should be signed and sent by– (1) In the case of ‘individual’ himself. (2) In the case of Hindu undivided family by the manager or Karta. (3) In the case of company or local authority by the principal officer. (4) In the case of a firm by a partner. (5) In the case of any other Association by a member of the Association. 1.7-134 REGISTER OF DEMAND AND COLLECTIONS UNDER SECTION 18A–Contd. Serial No. Index No. 1 2 Name and address of the assesse. 3 Carried over .. Accounting period. 4 year Income. Portion of income in col.6 to which sec. 18A applies. 5 6 7 Total income of the latest previous year assessed REGISTER OF DEMAND AND COLLECTIONS UNDER SECTION 18A-Contd Demand Estimate of tax payable made under sec.-18-A(1) by the assessed under sec.18A(2)or (3). Date of Increase +or issue decrease as a and result of service amending the Total of Original. original (columns Demand demand under 8&9). Notice. Original. Revised. Revised. 3rd proviso to sec.18A(1)(a). 8 Tk. 9 ps. Tk. 10 ps. Tk. ps. 11 12 Tk. ps. 13 14 Tk. ps. Tk. ps. Amount of which and the date to which payment is deferred under sec.18A(4). Amount. Date. 15 16 Tk. ps. REGISTER OF DEMAND AND COLLECTIONS UNDER SECTION 18A-Contd. Collections. Installments due. 15th Decemb er 15th Sept. Date . 17 Amoun t. 18 Tk. Ps Date . 19 Amount. 20 Tk. Ps 15th March Date . 21 Amoun t. 22 Tk. Ps Amount refunded , if any, under the 3rd proviso to sec. 18A(1)( a) 15th June Date . 23 Amoun t. 24 Tk. Ps Date . 25 Amount. 26 Tk. Ps Total net amount collected during the year for which credit is to be given in the appropriat e regular assessmen t. 27 Tk. Ps REGISTER OF DEMAND AND COLLECTIONS UNDER SECTION 18A-Co Adjustment to the net amount collected (col.27) on the appropriate regular assessment. penalty under sec.46 Remarks. Demand. Collection. Transferred to revenue. Refunded to the assessed. Date. Amount. Date. Amount. Date. Number in Demand Register. Amount. Date Amount. 28 29 Tk. .ps. 30 31 32 33 34 35 36 37 Tk. ps. Tk. ps. Tk. ps. I.T.-135 Register of Daily collections of Advance payments under sec. 18A. Serial No. Number in the demand Register. Date of payment. Treasury chalan number. Name of assesses making payment Amount. Penalty under sec.46. Remarks. 1 2 3 4 5 6 7 8 Tk. ps. I.T.-136. INTEREST COMPUTATION SHEET Name and address of assessee-------------------------------------------------------------------------------------------------------------General Index Number---------------------------------------------------------------------------------------------------------------------No. in Demand Register of section 18A-------------------------------------------------------------------------------------------------Total amount paid during the yearDate. Amount. Tk. Ps. ................................... ..................................... ...................................... ..................................... ...................................... ..................................... 1. Interest payable by Government under section 18A(5) at 10 per cent.— Debit able to 22—Interest on debt and other obligations.- C. Interest on other obligationsMiscellaneousTk. ps. On TK....................from.....................19......................to.......................19................. On TK....................from.....................19......................to.......................19................. On TK....................from.....................19......................to.......................19................. On TK....................from.....................19......................to.......................19................. Total 2. Interest payable by the assessed at 1.5% per cent per menses-Creditable to XX-InterestMiscellaneousNo interest is payable by the assessed where he pays the tax as required by the Section 18A(1) (i) Under proviso to section 18A(4) and (7)(b). For wrongly deferring the payment of TK...........from.............19................. to....................................19..............................TK....................... P.T.O Tk. Ps. Tk. Brought forward Ps. ....................... ................. .............. ................... (ii) Under section 18(6. Amount of tax payable on regular assess...................... .................. ............. ................. ment on income to which section 18A applies at the rates operative in the financial year in which Advance tax was paid. -----------------------------Seventy five percent. of the above ......................................... Amount of tax paid under section 18A ......................................... --------------------------------Difference ...................... Interest on the difference from .............................................. 19.................to............................................... (iii) Under section 18A(7)(a). Amount of 1st installment that should have .......................... been paid . Amount of 1st installment paid ..................................... ----------------------------------------------Difference ................................... Interest on the difference from .............................................. 19.................to............................................... Amount of 2nd installment that should have .......................... Been paid . Amount of 2nd installment paid ..................................... ----------------------------Difference . ..................... Interest on the difference from ...................... ...................................... 19........to.................. (iv) Interest payable under sub-section (8) of section 18A. Total interest payable by assessed. N.B.- If any reduction is made in appeal, interest refundable should be calculated accordingly. *NOTE- The superfluous words should be deleted. Income tax Office Stamp Deputy commissioner of Taxes. Excess Profits Tax officer. Dated.............., the............19. CERTIFED that the amount entered in column 2 above is correct. Name and address of assessee Treasury Stamp Number of entry in Income-tax deposit receipt register. -----------------3 Date of entry in 4 Date of Presentation Income-tax/deposit of the cheque at the receipt register. Treasury. ---------------------------------Treasury Account. Treasury Officer Treasury. 2 For use in the Treasury only. 1 Number of Calhan ---------------- Amount (to be entered in words as well as in figures). P. Deposits and Advances- Deposits bearing interest –other deposits –Deposits towards. income tax Payment of excess Profits tax Treasury. Invoice of payment Sub-treasury. into Sonali Bank. Bangladesh Bank. I.T.-137c Duplicate (to be returned in the Treasury) Treasury Stamp Number of entry in Income-tax deposit receipt register. -----------------3 Date of entry in 4 Date of Income-tax/deposit Presentation of the receipt register. cheque at the ----------------Treasury. ----------------Treasury Account. Treasury Officer Treasury. 2 For use in the Treasury only. 1 Number of Calhan ---------------- *NOTE- The superfluous words should be deleted. Income-tax Office Stamp Deputy Commissioner of Taxes Excess Profits Tax Officer Dated.............., the............19. CERTIFIED that amount entered in column 3 above is correct. Number of register of deposit. 1 Bangladesh Bank. Amount (to Name and address be entered in of assesses. words as well 2 as in figures). 3 Tk. Sonali Bank. Sub-treasury. P. Deposits and Advances- Deposits bearing interest other deposits-Deposits towards. Payment of income-tax. *Treasury. I.T.-137c Deputy Commissioner Of Taxes. Original to be returned to---------------------------------------the Excess Profits Tax officer. Treasury Sonali Banks. Sub-treasury. Treasury. Treasury Stamp *please give name and address Cleary in block letters in the space provided. Bangladesh Bank. Treasury officer. Sub Treasury officer Sonali Bank Date Bangladesh Bank. Received the sum of Tk. being advance payment of tax under Sec. 18-A of the Income tax Act made by . I.T.-137c Receipt to be given to payer. I.T.138 I.T. 138 Book No. P. Deposits and Advances- Deposits bearing interest Other depositsDeposits towards payment of * Income tax Excess Profits Tax Advance payment of tax under section 18A of Income Tax Act. Voucher No. Counterfoil order for refund of deposits towards Payment of *Income-tax/Excess Profits Tax Advance Payment of tax under Section 18-A of Income-tax Act. Refund payable to *Amount of refund. Number in *Deposit Register/Demand and Collection Register under Section 18-A showing collection of the payment in respect of which refund is made. Initials of Deputy Commissioner of Taxes. Excess Profits Tax Officer. *Signature of receipt of the voucher. Treasury. sub- Treasury. Date of encashment in the Sonali bank Bangladesh bank *Delete inappropriate words. *NOTES-IF the money is sent by money order the amount of money order the amount of money order commission be entered separately. *if the money is sent by money order the receipt issued by the post office should be attached to the counterfoil. Book No. P. Deposits and Advances- Deposits bearing interestOther deposits-Deposits towards payment of Income tax Excess Profits Tax Advance payment of tax under Section 18-A of Income-tax Act Voucher No. Order for refund of deposit towards payment of *Income-tax/Excess Profits Tax Advance payment of tax under section 18-A of Income Tax Act. Treasury Sub-Treasury Sonali Bank Payable at the----------- within one month of date of issue. Bangladesh Bank To The Treasury Officer Sonali Bank The Secretary and Treasurer,---------------- within. Bangladesh Bank I certify 1. that with reference to the deposit made by towards payment of Income-tax/Excess Profits Tax/Advance payment of tax under Section 18 a refund is due to TK. 2. that the payment in respect of which this refund is given has been credited in the treasury, 3. that no refund order in respect of the sum now in question has previously been granted and that this order of refund has been entered in the *Deposit Register’ Demand and Collection Register under Section 18-A’ and I request 4. that payment be made to the above-mentioned person of the sum of TK. (figures and words) in respect of the above refund. Place Signature Deputy Commissioner of Taxes. Date tax/Excess Profits Tax Officer. Received payment (Claimant’s signature) Pay Tk. Ps. only The 19 . Examined Officer –in-charge of Treasury. the Bank ‘s Branch. Accountant. The 196. *Delete inappropriate words. Book No . *22-Interest on debt and other obligations- c.-Interest on other obligation- Miscellaneous. Book No. *22-Interest on debt and other obligations- c.-Interest on other obligation- Miscellaneous. XX.-Interest-Deduct- Refunds. Voucher No . Counterfoil order for the payment of interest on deposits towards payment of *Income-tax ,Excess profits Tax /Advance payment of tax under section 18-A of Income-tax Act. Interest payable to Date of order directing Payment. *Amount of interest No. in Deposit Register/Demand and collection Register under section 18-A showing collection of the deposit in respect of which interest is being paid. Deputy commissioner of Taxes Initial of ––––––––––––––––––––––– –– Excess profits Tax officer. signature of recepient of the voucher. Date of encashment Treasury in the Sonall Bank Bangladesh Bank *Delete inappropriate words. *NOTES- If the money is sent by money order the amount of money order commission should be entered separately. *NOTES- If the money is sent by money order the receipt issued by the post office should be attached to the counterfoil. XX.-Interest-Deduct- Refunds Voucher No. Order for the payment of interest on deposits towards payment of *Income-tax ,Excess profits Tax /Advance payment of tax under section 18-A of Income-tax Act. Treasury payable at the Sonali Bank within one month of the date of issue. Bangladesh bank To The Treasury officer The secretary and Treasurer Sonali Bank Bangladesh Bank. I certify1. that of the sum of Tk. deposited by towards payment of *Income-tax /Excess profits Tax/ Advance payment of tax under section 18-Aof Income-tax Act a sum of Tk. ha been adjusted towards demand for the assessment year chargeable accounting period ending. *2. that interest on that sum is due at 2 percent . per annum from 19 to 19 both dates inclusive, the amount thereof being Tk. That interest due under the provisions of section 14A of Income-tax Act is Tk.ps. 3. that the amount in respect of which interest being paid has been credited into the treasury. 4. that no order for the payment of interest in respect of the sum in question has previously been issued and that and this order of payment has been entered in the Deposit register/ Demand and collection Register under section 14-A.and I request 5. that payment be made to the above- mentioned person of the sum of Tk. Place Signature Deputy commissioner of Taxes Date Excess profits Tax officer. Received payment pay Tk. ps. only. (Claimant’s signature) The 197 . Treasury Examined. Officer-in-charge of the Bank’s Branch Accountant. *Delete inappropriate words. The 197. I.T.140 ORDER OF ADJUSTMENT TO THE TREASURY OFFICER Certified with reference to the deposit account of Mr./Messrs. that a sum of Tk. has been deposited towards payment of Income –Tax /Excess profits Tax paid in respect of the provisional assessment of Excess profits Tax made under section14A of the Excess profits Tax Act , 1940 /the advance payment of tax under section 18A of the Income –tax Act in the financial year 19 ,and that the sum has been credited to the appropriate deposit head. *2. Certified that on regular Income-tax assessment the liability of Mr./Messrs for the year has been determined at .Tk. payable under section 18A determined at Tk. *3. Certified that on provisional/ has assessment the liability of Mr./ Messrs. for the chargeable accounting period ending has been determined at Tk. *4. Certified that on provisional/has been determined at Taka final assessment the optional/compulsory deposit payable by Mr./Messrs. *5.Certified also that no order of adjustment regarding the sum (s) in question has previously been made. *6. Please therefore debit to the minor head (s) specified below the amount (s) mentioned against it/ them:P. Deposits and advances – Deposits bearing interest –other deposits towards payment of Income-tax. Tk. P. Deposits and advances – Deposits bearing interest –other deposits Deposits towards payment of Excess profits Tax. TK. P. Deposits and Advances – Deposits not bearing interest –other accounts of payment of in respect of provisional assessment of Excess profits Tax under section 14A of the Excess profits TaxAct,1940 Tk. P. Deposits and advances – Deposits bearing interest –other deposits advance payment of tax under section 18A of the Income-tax Act. TK. . 22. −Interest on debt and other obligations-C. Interest on other obligations- Miscellaneous. and credit to the minor head(s) specified below the amount(s) mentioned against it/them:III. Corporation taxOrdinary collection .. Excess profit tax .. .. .. Tk. Tk. Miscellaneous:A Penalties under the Excess profits Tax Act, 1940. B Penalties under the Income-tax Act, 1922. C Other items. FORM B (TO be returned to Deputy commissioner of Taxes/excess profits Tax officer). TREASURy. Dated 19 . To THE DEPUTY COMMISSIONER OF TAXES YOUR memo . Mr./Messrs. No . date regarding the adjustment of deposits made by 2. I have adjusted to the minor head (s) specified below the amounts (s)mentioned against it /them:Treasury officer IV..- Taxes in income other then corporation TaxOrdinary collections .. Taxes paid by companies .. Other collections Tk. .. Tk. .. Tk. Super-tax-other collections .. Excess profits Tax surcharge .. .. .. .. Tk. .. Tk. .. Tk. MiscellaneousA. Penalties under the Excess profits Tax Act, 1940. B. Penalties under the Income-tax Act, 1922. C. Other items. P. Deposits and Advances – Deposits not bearing interest –other accounts-Account of payment of in respect of provisional assessment of Excess profits Tax under section 14A of the Excess profits TaxAct,1940 . P. Deposits and Advances – Deposits bearing interest –other deposits of anticipatory deposit under provisional assessment of Excess profits Tax . Tk. P. Deposits and Advances – Deposits bearing interest –other deposits Account of optional deposit s of Excess profits Tax under the Finance Act, 1942. Tk. P. Deposits and Advances – Deposits bearing interest –other deposits Accounts of compulsory deposits of Excess profits Tax under ordinance No. XVI of 1943. Tk. XX–Interest– Miscellaneous. Tk. Dated 19. Taxes. *In appropriate words should be deleted. Deputy commissioner of *NOTE- The superfluous words should be deleted. Office Stamp Bangladesh Bank. Sonali Bank. Treasury Stamp of the cheque at the Treasury. -----------------Treasury Account. Treasury Officer Treasury. For use in the Treasury only. 1. Number of Calhan ---------------2. Number of entry in Income-tax deposit receipt register. -----------------3. Date of entry in Income-tax/deposit receipt register. ----------------4. Date of Presentation Tk. Amount (to be Name and address of entered in words assesses. as well as in figures). Tk. Bangladesh Bank. Sonali Bank. *NOTE- The superfluous words should be deleted. Treasury Stamp For use in the Treasury only. Dated.............., the............19. 1. Number of Calhan ---------------2. Number of entry in Income-tax deposit receipt register. -----------------3. Date of entry in Income-tax/deposit receipt register. ----------------4. Date of Signature of the person Presentation of the making the payment. cheque at the Treasury. ----------------Treasury Account. Office Stamp Treasury Officer Treasury. Number in register of demand. Invoice of payment into Sub-treasury. Amount (to be entered in words as well as in figures). Signature of the person making the payment. Dated.............., the............19. Name and address of assessee Invoice of payment into *Treasury. Sub-treasury. P. Deposits and Advances- Deposits bearing interest other deposits- Advance Payment of tax under Sec. 18-A of the Income-tax Act I.T.-141 Original (to be returned to the Deputy Commissioner Of Taxes. *Treasury. P. Deposits and Advances- Deposits bearing interest –other deposits –Advances Payment of tax under Sec. 18-A of the Income-tax Act. I.T.-141 Duplicate (to be returned in the Treasury) Treasury Bangladesh Bank. Sonali Banks. Sub-treasury. Treasury. Treasury Stamp *please give name and address Cleary in block letters in the space provided. Bangladesh Bank. Treasury officer. Sub-Treasury officer officer Snali Bank Date Received the sum of Tk. being advance payment of tax under Sec. 18-A of the Income tax Act made by . I.T.-141 Receipt to be given to payer. I.T.-144 FORM OF CERTIFICATE OF INCOME-TAX ASSEMENT TO BE PRO DUCED BY AN APPLICANT FOR IMPOT AND EXPORT /SUPPLY /WORKS CONTRACT. (To be filled in by the applicant for import and /or export licenses/supply/works contracts) 1. Name and business address of the applicant................................................................................................................ 2.Year in which the business was established................................................................................................................ 3. Name and address in which the applicant is assessed to income-tax 4. Whether the applicant is assessed to income-tax as:- ................................................... (a) Individual. (b)Hindu undivided Family. (c) company. .......................................... (d) Firm, or (e) Association of person. 5. The Income-tax circle/ward/District in .................................................................. which the applicant is assessed to income-tax. 6. (a) Reference No. (G.I.R.NO)of the assessment. (b) whether maximum income-tax paid during the past five years was:(i) Below TK. 100 (ii) Between TK. 100 andTk.1,000 .......................................................................................... (iii) Between TK. 1000 and .......................................................................................... .. TK. 5,000 .......................................................................................... .. (iv) Between TK. 5,000 and .......................................................................................... ... TK. 10,000 (v)Above TK. 10, 000 Note.- The above entries may be completed also in the cases of firms registered under Incometax Act with reference to the tax payable by the firm, if assessed as an unregistered firm. 7. In case no final assessment has been made, it should be stated whether tax paid in advance (or payable) on the basis of returns filed under section 22(1) or (2) 23-B and 18-A(3) of the Income-tax Act was:(i) Below TK. 100 (ii) Between TK. 100 and TK. 1,000 (iii)Between TK. 1,000 ................................................................................................ TK. 5,000 (iv) Between TK. 5,000 and TK. 10,000 (v) Above TK. 10,000 [ [ 8. The name and address of Branch(es) of the applicant........................................................................................................................................ ........ I declare that the above information is correct and complete to the best of my information and belief. ................................................. Signature of the applicant or his authorised agent. Dated------------------------------------------(TO BE FILIED JN BY DEPUTY COMMISSIONER OF TAXES) In my opinion, the applicant mentioned above has been doing everything possible to pay the tax demands promptly and regularly and to facilitate the completion of the pending or out siding proceedings. -------------------------------------------------Signature of the Deputy Commissioner of Taxes. Circle/Ward/District/Division. Dated----------------------------------Seal---------------------------------- I.T.-145 ORIGINAL DUPLICATE IMMEDIATE REGISTERED AND ACKNOWLEDGEMENT DUE NOTICE UBDER SECTION 46(5A) OF THE INCOME- TAX ACT, 1922. No ............ .................. Office of the Deputy commissioner of Taxes Date.................. the...............19 To MR. ....................................................... MESSRS. ................................................................................................ .................................................................................................... Whereas a sum of Tk. ...............................(Tk. ....................................................) is due from Mr./Messrs........................................................of.............................on account of income – tax and penalty and has not been paid, I hereby require you under section 46 (5-A) of the Income- tax Act, 1922 to pay to me forthwith the said sum of Tk. (Taka......) out of the money which is due from you to the said defaulter or if the money is not now due from you, then forthwith upon the money becoming due or upon the money coming into your possession . If the money which is due from you or which may become due from you or which you may subsequently hold or possess on account of the said defaulter is equal to or less than the aforesaid arrears of income –tax and penalty then you should pay to me the whole of such money. This notice will remain in force until it is revoked by me in writing. Any payment made in compliance with this notice shall be deemed to have been made under the authority of the said defaulter Mr./Messrs..................................and may receipt shall constitute a good and sufficient discharge of your liability to home/ them to the extent of the amount stated in such receipt. If after receipt of this notice you discharge any liability to the said defaulter you shall be personally liable to me to the extent of the liability discharged or to the extent of the liability of the said defaulter for the income-tax and penalty whichever is less. A copy of this notice has been forwarded to the defaulter Mr./Messrs..................................... The duplicate copy of this notice should be returned to me acknowledging receipt of the original (see below). Seal of the Deputy commissioner of Taxes. Deputy commissioner of Taxes Circle...................... The original copy of this notice This portion should be struck of has been received by me. case of the original copy. Signature of the addressee................................................ Date......................................... Copy forwarded to Mr./Messrs......................................... (assessed) Deputy commissioner of Taxes M 47 (58) Rev. fir. Circle/Division..................... I.T.-146. FORM A Application for a certificate under section 44G of the Income _tax Act, 1922 (XI of 1922) To . *The Deputy commissioner of Taxes sir, I request that an Income- tax clearance certificate be granted to me . I give below necessary particulars:- 1. Name of applicant-----------------------------------------------------------------------------------------------------(In block letters) 2. Domicile-----------------------------------------------------------------------------------------------------------------3. Present address---------------------------------------------------------------------------------------------------------4. Permanent address-----------------------------------------------------------------------------------------------------5. Nature of business, profession or vocation, etc. in Bangladesh---------------------------------------------------------------------------------------(If the visit to Bangladesh was made only as a tourist and no income was earned during the period of stay in Bangladesh, it should be so stated). 6. Place(s) at which the business, profession or avocation is/was carried on ................................................................. 7. Name and address of employers of the applicant....................................................................... (In case the applicant is representing a firm or a company, the name and address of the company/firm should be stated here). *8. Name of the Deputy Commissioner of Taxes Office, if any, where last-----------------------------------Assessment on the applicant was made------------------------------------------------------------------------9. Date of arrival in Bangladesh ----------------------------------------------------------------------------------10. Probable date of departure-------------------------------------------------------------------------------------11. Destination-------------------------------------------------------------------------------------------------------12. Mode of travel (by Air/Sea/Land). Place-----------------------------------------Date--------------------------Yours faithfully, Applicant. N.B.– Please see the certificates on page 5. *When the applicant is an existing assessee, the application should be addressed to the Deputy Commissioner of Taxes who completed the last assessment. *Strike out whichever is inapplicable. Certificate to be furnished by Employers/Associates/Agents/Head Office/Branch office, etc. 1. Certified that .............................................................................. (Name in block letters) ..........................................................................................................................is our employee representative/ associate. 2. * (i) Certified that ....................................................................................................................................................... (give name) is living Bangladesh temporarily on leave/duty and will return by .................................................................................................................................. (give approximate date) *(ii) Certified that his/ her income was less than the taxable minimum during the period(s)................................................................................................... *(iii) A cheque for the amount of tax due along with the computation of income is enclosed. *(iv) We undertake to pay the tax liability, if any, when determined. Signature................. ........................... Designation............. ........................... Name and address of the Employers / Associates/Agent/ Head office/ Branch office. *Strike out whichever is inapplicable. Guarantee certificate to be furnished by a tax-payer in Bangladesh in the case of persons who are neither employees nor representatives of any firm. we /I ....................................................................................................................................................... ............................................... certify (Name in Block letters) that ...............................................................................................................is known to us/me (name of the applicant) and that we/ I undertake to pay his /her tax liability, if any, when determined. Signature of the guarantor ................................. .. Name and address..................... . ................................. ................... G.I.R. No............................ ........ Circle in which .. assessed................... ................... M 1457 (65) C. B. R. I.T.147. Book No. Serial No I.T.14 7 Book No. Serial No. Form B Form B Counterfoil of certificate under section 44G of the Income-tax Act, 1992 (xl of TAXES DEPARTMENT 1992). ................................................................................................................................... Date .......................... Certificate under section 44G of the income tax Act, 1992 (Xl of 1992) Name .............................................................................. Deputy. commissioner of Taxes Office. ....................... Division/ ward/circle...................... present address.............................................................. (place)................................................................................................. permanent address......................................................... Dated ................................................................................................. ......................................................................................... This is to certify that .............................................................................................. Business, profession of ..................................(whose signature or thumb impression is affixed below or vocation...................................................................... has no Date of arrival in Bangladesh...................................................................... –––––––––––––––––––––––––––––––––––––liabilities under the Income-tax Date of application......................................................... has made satisfactory arrangements for his/her Date of departure Act, 1992 (xl of 1992) and /or the Business profits Tax Act,1997 (XXI of 1947). (as stated in the application) ........................................ This certificate is valid up to ............................................................................. (Signature ................................................... Date up to which the certificate is valid ..................... Deputy. Commissioner of Taxes, Signature or left-hand thumb...............................................Division/word/circle. G.I. No. (If assessed) ................................................. impression of the person named Amount of income-tax and in the certificate .................................................................................................... business profits tax due .................................................. D.C. No. and date of payment of tax................................................................ Signature or left- hand thumb impression of the peon named in the certificate ........................................ Deputy. commissioner of Taxes. ..........................................Division/word/Circle . . I.T.148. Serial No. Book No. Book No. Form C Counterfoil of certificate under section 44G of the Income-tax Act, 1992 (xl of 1992). Date .......................... Name .......................................................................................... present address ........................................................................ permanent address ................................................................... Business, profession or vocation ................................................................ Date of arrival in....................................................................... Date of application.................................................................... Date of departure (as stated in the application) ................................................... Deputy. commissioner of Taxes, Division/word/circle . Signature or left-hand thumb impression. Serial No. Form C TAXES DEPARTMENT Certificate under section 44G of the income tax Act, 1922 (xl of 1922) Deputy. commissioner of Taxes ..................................................................................... Division/ ward/circle. (place) ............................ Dated ............................ This to certify that ................................................................................. of.....(whose signature or thumb impression is affixed below ) is exempted from producing evidence of payment of taxes in connection with His journey to ––––––––––––––––––––––– All journey performed before .......................................................................... This certificate is valid up to ................................................. Signature. Deputy. commissioner of Taxes, ............................Division/word/circle . Signature or left-hand thumb impression of the person named in the certificate . I.T.- 149. APPLICATION FOR REGISTRATION AS INCOME TAX PRACTIONER UNDER SECTION 61(2) (iv) OF THE INCOME TAX ACT, 1922. To The Secretary, National Board of Revenue, Seguin Bagicha, Dacca. Sir, In pursuance of rule 45 of the Income-tax Rules , the undersigned, beg to apply for registration as an ‘Income-tax practitioner’. The necessary particulars regarding my qualifications, etc., are given below:Your faithfully, Signature of the Applicant (Name in block letters) Address ......................... ..................................... PARTICULARS 1. 2. 3. 4. 5. 6. 7. 8. Name (in block letters) . Father’s name (in block letters) Date of Birth. Name and style under which the profession is carried no.. Name and address of income-tax practitioners, If any, in which the applicant is a partner office address. Residential Address. Educational and other qualifications (see Notes below). (Signature of Applicant.) Note.- (1) A Certificate form the commissioner of Taxes should accompany this application if the application claims to be qualified under section 61(2)(iv)(a) of the Income tax Act. In other case, original certificate or .the original will be returned after examination. (2) Where the applicant has been employed before in any office of the central or provincial Government or a local authority ,he should attach a statement showing the particulars of his past service, the name (s) of the office(s) in which he was employed, the each such order or duly certified copies thereof) regarding the leaving of such service through retirement, termination of vacancy, resignation, etc.etc. (3) where an application for registration as an ‘Income tax practitioner’ is not made soon after the acquisition of the qualification on the basis of which registration is applied for , a brief statement describing the vocation, etc. of the applicant during the intervening period should be enclosed with this application. I.T.-150. C.No.21( ) – ITP/ . GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH NATIONAL BOARD OF REVENU Dacca the.....................................19. MEMORANDUM Rule 45 of the Income-Tax Rules, 1922—Registration under. Reference his application dated............................................................................................................... .................................................................................................................................................................... ............................................................................................................................................................... Mr .................................................................................................................................................................... ................................................................................... S/o ............................................................................................................................................ resident of .................................................................................District ....................................................................................... is hereby informed that his name has been entered in the Register of ‘Income-tax practitioners”. His registration No. is ......................................which should be quoted in all future correspondence. SECRETARY, NATIONAL BOARD OF REVENU To Mr. .................................................................................................... .......................................................................................................... ....................................................................................................... Enclosures:Copy forwarded to:(1) (2) (3) (4) (5) (6) (7) The commissioner of Taxes, Dacca, (North) zone, Dacca. The commissioner of Taxes, Dacca, (South) zone, Dacca. The commissioner of Taxes, Chittagong zone, Chittagong. The commissioner of Taxes, (Intelligence and Investigation), Dacca. The commissioner of Taxes, central zone, Dacca. The commissioner of Taxes, Khulna zone, Khulna. The Registrar to the Income-tax, Appellate Tribunal, Dacca. I.T.-151 Form of verification of Income- tax, super-tax etc., receipts and refunds under Heads Circle......................................... with the treasury of ................................................. Departmental figures. Up to the end of the During the month of month cash set off Total cash set off Total 2 3 4 5 6 7 1 A-HEAD III- CORPORATION –AX 1. Corporation tax— ordinary collection .. Tk. Deduct refunds .. Tk. Net corporation Tax .. Tk. 2. surcharge (Central)ordinary collection .. Tk. Deduct refunds(i) payment on account of double Incometax relief granted to com ponies .. .. Tk. (ii) Other refunds .. .. Tk .. . Total refunds .. .. TK Net surcharge .. .. Tk. 3. Excess profits Tax – ordinary collection .. .. Tk Deduct refunds .. .. Tk Net Excess profits Tax .. .. Tk 4. Business profits Taxordinary collection .. .. TK Deduct refunds .. .. TK . Net Business profits Tax .. Tk. 5. capital Gains Taxordinary collection .. .. Tk. Deduct refunds .. .. Tk. Net capital Gains Tax.. .. Tk. 6. Miscellaneous collection(i) penalties under Excess profits Tax Act, 1940 .. Tk. (ii) ,, ,, B.P. T. Act .. Tk. (iii) ,, ,,I. T. Act .. Tk. (iv) Other items.. .. Tk. Total Miscellaneous collection Tk. Deduct refunds .. .. Tk. Net Total Miscellaneous collection .. .. Tk. III–“Corporation tax’’ and “IV–Taxes on Income other then corporation Taxes’’ in respect of ...................................for the month of ...........................19. Treasury figures During the month of cash 8 40 set off 9 Total 10 Up to the end of the month cash 11 set off 12 Total 13 Difference between Departmental and Treasury figures During the month of cash 14 set off 15 Total 16 Up to end of the month cash 17 set off 18 Total 19 Form of verification of Income- tax, super-tax etc., receipts and refunds under Heads circle......................................... with the treasury of ....................................... Departmental figures. 1 During the month of cash set Total 2 off 4 3 Up to the end of the month cash set Total 5 off 7 6 NET TOTAL UNDER II- COR PORATION TAX Tk. B. IV.- TAXES ON INCOME OTHER THAN CORPORATION TAX 1. Income-taxOrdinary collection: (i) Tax paid by come-ponies .. Tk. (ii)other collection .. Tk. (iii)tax deducted by Govt. from salaries and pension(a) In respect of central Federal emoluments Tk. (b) other emoluments .. Tk. (iv)Tax deducted from In –tersest on Government securities.. .. Tk. Total Income-tax .. Tk. Deduct refunds(a) Tax paid by companies . Tk. (b) Deduction by Govt. form salaries and pensions Tk. (c) payment on account of double Income-tax relief Tk. (d) other refunds .. Tk. Total refunds .. .. Tk. Net Income-tax .. .. Tk. 2. Super Tax – (i) super –tax deducted by Govt..from salaries and pensions(a) In respect of central Federal emoluments Tk. (b) In respect of other emoluments .. Tk. (ii) super –tax –other collectionTotal super –tax .. ... Tk. (a) In respect of central Federal emoluments.. Tk. (b) other collections .. Tk. Total super-tax refunds .. Tk. Net super-tax .. Tk. .. III“Corporation tax’’ and “IV-Taxes on Income other then corporation Taxes’’, in respect of ...................................for the month of ...........................19. . Difference between Departmental and Treasury Treasury figures figures Up to the end of the Up to end of the During the month of During the month of month month set cash set off Total cash set off Total cash set off Total cash Total off 8 9 10 11 12 13 14 15 16 17 19 18 Form of verification of Income tax. Super - tax, etc., receipts and refunds under Heads ........................................ with the treasury of ...................................... Departmental figures. During the month of cash 2 1 set off 3 Up to the end of the month Total 4 cash 5 set off 6 Total 7 3. Surchargeordinary collection Tk. Deduct refunds – (a) payment on account of double Income -tax relief Tk. (b) Other refunds Tk. Total refunds ..... .. Tk. Net surcharge ..... .. TK. 4. Excess profitsOrdinary collection .. Tk. Deduct refunds Tk. Net Excess profits Tax Tk. 5. Business profits Tax – Ordinary collection .. Tk. Deduct refunds Tk. Net Business profits Tax Tk. 6. Capital Gains TaxOrdinary collection .. Tk. Deduct refunds Tk. Net capital Gains Tax Tk. 7. Miscellaneous collection(a) penalties under E.P.T. Act Tk. (b) ” ” I..T..Act. .. Tk. (c) ” ” B. P. T. Act Tk. (d) Other items .. .. Tk. Total miscellaneous collection Tk. Deduct refunds .. Tk. Net Miscellaneous collection Tk. Net total under IV- Taxes on Income other then corporation Tax .. .. Tk. Net Grand total under III Corporation Tax &IV-Taxes on Income other then corporation Tax Tk. III“Corporation tax’’ and “IV-Taxes on Income other then corporation Taxes’’, in respect of ...................................for the month of ...........................19. . Difference between Departmental and Treasury Treasury figures figures Up to the end of the Up to end of the During the month of During the month of month month set cash set off Total cash set off Total cash set off Total Cash Total off 8 9 10 11 12 13 14 15 16 17 19 18 I.T.-152. Form of verification of Advance payment of tax under section 18-A of the Income tax Act, in respect of ........................................................................................ ..................................................Treasury for the month of ............................................................19. Departmental figures. Treasury figures. Difference. between the Departmental figures and Treasury figures. Remarks. 1 Advance payment of Tax under section 18-A of Income Tax Act 1. Amount deposited in cash .. .. .. 2. Amount transferred to revenue .. .. (a) provisional assessment. .. (b) Regular assessment ... ... 3. Amount refunded to assesses on regular assessments .. .. 4. Net amount outstanding .. .. .. 5. Interest paid (by adjustment or otherwise) on regular assessments .. .. 6. penal interest .. .. .. 7. penalties (a) Under sub-section 9 .. .. (b) Under sub-section 10 of 18-A ... .. During the month 2 up to the end of the month 3 During the month up to the end of the month 4 5 During the month 6 up to the end of the month 7 8 Certified that the differences between the Treasury figures and Departmental figures of the previous month have been settled. Signature of Treasury officer. Signature of Deputy commissioner of Taxes. Date ............................................... Date.................................................... I.T.-153. Form of verification of deposits under Transfer of Property (Bangladesh) Ordinance, 1947 (IV of 1947) in respect of............................................................................ .................................................................................... Treasury for the month of...................................................................................19... Departmental figures. 1 During the month 2 up to the end of the month 3 Treasury figures. During the month 4 Difference between the Departmental figures and Treasury figures. up to the end of the month 5 1. Amount deposited in cash in respect of anticipated liabilities (excluding amount relating to completed assessments) 2. Amount transferred to revenue on regular assessment 3. Net amount outstanding .. .. .. Certified that the differences between the Treasury figures and Departmental figures of the previous month have been settled. Signature of Treasury officer. Date................................................ Signature of Deputy commissioner of Taxes. Date............................................ During the month 6 up to the end of the month 7 8 I.T.154 RETURN NO . I Statement showing progress of Assessment for the month of ........................................................................................19. (In cases other than those of Evacuees) Categor y of cases 1 No. of curren t assess ments includ ing curren t sectio n 34 cases. Disposal up to the end of month No. of arrear assessments as on 1st July19 , and current section 34 cases. Col. 2 plus total of Col.3 19- 19- 2 19- 3 19- out of cases in Col.3 Out of cases in Col.2 Total 19- 4 Remark 5 19- 19- 6 19- Total Col.5 plus total of Col.3 7 I II III Iv Total .. (i) (ii) (iii) Disposal up to the end of the month in standard units : Number of Circles in existence during the month : Number of D.C.T’s working on assessment work during the month : No .................................................. office of the commissioner of Taxes .................,dated the ..............................19. Forwarded to the Director of Inspection, (Taxes), 79, Seguin Bagicha, Dacca. Commissioner of Taxes. 8 41 Document1 ... ... .. Cat. 2 Cat. 1 3 Cat. 4 Cat. 5 Cat. 6 Cat. Column 3 of Return No. I. . Total I.T. 154-A Note- Total at B should be equal to the total at C; and total of D should be equal to total of additions at items 3,4 and6 (d) of Return No. X. E. Number shown category-wise in Return No. I of the month under report. D. New cases added as per items 3,4 and 6(d) of Return No. (X to be shown category-wise). C. Number added as a result of change in categories ADD BALANCE B. Number subtracted as a result of change in categories. M. Number shown in the Preceeding month under different categories. (Change in category of assessment). APPENDIX TO RETURN No. I FOR THE MONTH OF...............................19 321 Document1 ... ... ... .. Note. - Total at M should be equal to total at B. P. Net Number shown category-wise .. O. Number added as a result of change in categories .. ADD BALANCE N. Number substracted as a result of change in categories M. Number shown in the preceding month under different categories ... ... ... - -Con. H. Cat. 2 Cat. 1 3 Cat. 4 Cat. 5 Cat. Column 4 of Return No. I. 6 Cat. Total I.T. 154-A 322 Document1 2 Arrears as on 1st July 19. 3 Unto the end of 1ast month 4 During the month CURRENT 5 Up to the end of the month 6 Remarks. Note- Item 6 includes collection figures of TK........................ made by the certificate officers on the basis of Recovery........................ Certificates issued to them. No............... Office of the Commissioner of Taxes.............................Dated the ................................19. Forwarded to the Director of Inspection (Taxes). 79, Segun Bagicha, Dacca. Commissioner of Taxes. 1. Demand(less amount held over on account of D.I.T. Relief) ... 2. Amount covered by Recovery Certificates u/s 46(2) ... 3. Amounts for which instalments are outstanding .... ... 4. Amount stayed on account of disputed items in appeals, revisions etc. 5. Collectable demand (1 minus 2 to 4) ... .. 6. Collection ... .. 1 SUBJECT RETURN No. II Progress of Income-tax Demand and Collection for the month of...........................19. (In cases other than those of Evacuees) I.T. 155 323 Document1 .. .. .. II III IV Total .. .. .. .. .. .. .. .. Arrear Total Arrear Current Disposal up to the end of the month .. .. .. .. .. .. Tk. Tk. Tk. Total Balance No...............................................................Office of the Commissioner of Commissioner of Taxes................................................................ ...................................................................................................................Dated the ..............................197. Forwarded to the Director of Inspection (Taxes), 79, Segun Bagicha, Dacca. Commissioner of Taxes. .. .. .. Disposal in Standard Units up to the end of the month. Current To be dealt with during the year II. Demand: 1. Arrear as on 1stJuly, 19 .. .. 2. Amount covered by Recovery Certificates 3. Collection up to the end of the month .. .. I Category RETURN No. III Statement showing the progress of Assessment, Disposal, Demand, and Collection in respect of Evacuees only. Assessment: I.T. 156 324 325 RETURN No IV Statement showing Net Collection of Taxes on Income under Various heads. Document1 Document1 III. .. .. .. Federal Emoluments-(Non-divisible)(Collection by assessments). (1) Income-tax .. (2) Super-tax .. (3) Penalties (See note 2) .. Federal Emoluments-(Non-divisible)(Deduction at source) (See note 3) (1) Income-tax .. (2) Super-tax .. II. .. .. Collection from companies (Non-divisible) (1) Super-tax .. .. .. (2) Excess Profits Tax .. .. (3) Business Profits Tax .. .. (4) capital Gain Tax .. .. (5) Penalties (See note 2) .. .. I. 2 (b) Tk. (a) Tk. Tk. (a) Tk. (b) During the month Up to the end of the (see note 1) month(see note 1) Collection Refund Collection Refund 1 RETURN No. IV FOR THE MONTH OF............................ 19 Statement showing Net Collection of Taxes on Income under various heads ........................................................................... Tk. Net collection up to the end of the month (see note 1) 3 I.T. 157 326 Document1 XI. Total- (total of VIII to X )- (Divisible) .. Surcharge (Non-divisible)-(See note 4) .. V. Super-tax deduction at source on account of companies-(No-divisible)-(See note 5) : VI. Miscellaneous collection-(No-divisible) .. VII. (Total of I to VI)- (No-divisible) .. VIII. Super tax deducted at source from noncompanies (Divisible). (1) Salaries .. .. .. (2) Securities .. .. .. (3) Other heads of income .. .. IX. Taxes on Income-(Divisible). (Collection by assessment excluding collection at II above). (1) Super-tax (including collection from companies). (2) Super-tax (From non-companies) .. (3) Excess Profits Tax Do. .. .. (4) Business Profits Tax Do. .. .. (5) Capital Gains Tax Do. .. .. (6) Penalties ( See note 2 ) .. .. X. Income-tax deducted at source (excluding collection) at III above- (Divisible). (1) Salaries .. .. .. (2) Securities .. .. .. (3) Other heads of income .. .. IV. 327 Document1 Tk (b) Tk (a) Tk (b) Tk Note 1. Actual figures shoud be shown and not in hundreds or thousands. Note 2. Penalties under Corporation-tax, Federal Emolument, Surcharge and Taxes on income other than corporation-tax be shown under the heads to which they relate. Note 3. Figures of Non-Civilian Departments, namely, Defence, Railways and Posts &Telegraphs should on no account be included. Note 4. Collection under Surcharge is wholly Central. All collections whether from companies or non-companies should be shown against this item. Note 5. Super-tax deducted for example from dividends and interest on securities should be shown against this item. (contd.) XII. Grand Total-(Total of VII and XI) .. XIII. Net Budget Estimates for the year .. XIV. The percentage of collection with reference to Budget(a) Percentage of collection against Budget in the first quarter ended 30th September. .. .. .. (b) Percent age of collection against Budget in the 2nd quarter ended 31 st December .. (c) Percentage of collection against Budget in the 3rd quarter ended 31st March .. (d) Percentage of collection against Budget in the 4th quarter ended 30th June .. *To be approved by the N.B.R., (a) 328 329 I.T.158. I. RETURN No. V Statement showing Demand and Collection under Section 18-A for the month of.................................19. PART A Number of cases on G.I.R. as at the end of the month in which action under Section 18-A is to be taken including new cases falling within Section 18-A (3) . .. Up to the end of the previous month (1) II.. Number of cases in which action under section 18-A has been taken .. III. Demand outstanding on 1st July, 19. .. II. Net Demand created in cases at II after adjustment of net increase of decrease on account of revised estimates filed by assessees or because of action of the D. C. T. under 3rd proviso to Section 18-(1) (a) .. V. Demand out of IV fallen due for recovery VI. Demand on account of penalties .. (a) Under Section 46 (1) (b) Others .. VII. Collection pertaining to: (a) Arrear: (i) III-Corp. Tax .. (ii) IV-Taxes on Income .. (b) Current: (i) III-Corp. Tax .. (ii) (IV-Taxes on Income ... (a) penalties: (i) Under Section 46(1) .. (ii) Others .. .. .. 42 Document1 .. … .. .. .. .. .. During the month (2) Total (3) 330 PART B 1. Total number of notices issued in the preceding year .. .. 2. Total demand created in the preceding year 3. Collection till the corresponding month in the preceding year .. .. PART C A. Number of defaulters up to the end of the previous month .. .. B. Number of cases in which penalty under Section 46(1) was imposed .. .. (i) During the month .. .. (ii) Up to the end of the month .. ............................................. ............................................ ........................................... ........................................... ............................................ ............................................ ............................................ No.......................................Office of the Commissioner of Taxes........................, dated the ...................................19...... Forwarded to the Director of Inspection, (Taxes) Commissioner of Taxes. Document1 331 I.T. 159 RETURN NO. VI. Statement showing deposits, etc., under various Heads of Taxes and Income for the month..................19. Particulars 1 I. Optional deposits u/s. 10 of Finance Act, 1942 1. Amount outstanding as on 1st July,19 .. 2. Amount deposited in cash .. .. 3. Deposits by transfer from other deposit heads .. .. .. 4. Total .. .. .. 5. Amount refunded to assessees.. 6. Net amount outstanding .. .. 7. Interest on item 4 .. .. 8. Interest to be refunded: (i) In respect of item5 (ii) In respect of deposit made in preceding year .. .. II. Compulsory Deposits under Ordinance XVI of 19431. Amount outstanding as on 1st July,19 .. 2. Amount deposited in cash .. .. 3. Amount Deposits by transfer from other deposit heads .. .. .. 4. Total .. .. .. 5. Amount refunded .. .. 6. Net amount outstanding .. .. 7. Interest on item 4 .. .. 8. Interest to be refunded, i,e., interest on Item 5 .. .. Document1 During the month Up to the end of the month from the beginning of the current financial year 2 Tk. 3 Tk. Progressive total (from the date the scheme was introduced up to the end of the month) 4 Tk. .. .. .. .. .. .. 332 Particulars Till the end of the previous month 2 Tk. During the month Total up to the end of the month 1 3 4 III. Advance payment of Tax u/s18A of Income-tax Tk. Tk. Act1. Amount outstanding as on 1st July, 19. .. .. .. .. 2. Amount deposited in cash .. 3. Amount transferred to Revenue on regular .. .. .. and provisional assessments: .. .. .. (i) III-Corp. Tax .. .. (ii) IV- Taxes on Income .. .. 4. Amount refunded to assessees: (iii) III- Corp. Tax .. .. (iv) IV- Taxes on Income .. .. .. .. .. 5. Total of items 3 and 4 .. .. 6. Net amount out of item 1 outstanding 7. Interest paid (by adjustment of otherwise) on regular assessments .. .. 8. Penal interest .. .. .. 9. Penalties .. .. .. .. .. .. (a) u/s. 28(1A)(a) .. .. (b) under sub-section 10 of Section 18-A IV. Deposits under Transfer of Property (Bangladesh) (under Section 47A) 1. Amount outstanding as on 1st July, 19 2. Amount deposited in cash in respect of anticipated liabilities excluding amount relating to completed assessments 3. Amount transferred to Revenue on regular assessments 4. Amount refunded 5. Net amount outstanding No.........................Office of the Commissioner of Taxes.........................dated to .....................................19. Forwarded to the Director of Inspection, (Taxes). Commissioner of Taxes. Document1 333 I.T.-160 RETUT No-IX Statement showing number of applications received, certificates issued, amount of anticipated liabilities demand and collected under the Transfer of Property (under Section 49A 1947) For the month of 19. Arrear Current Total 1. Number of applications pending .. .. .. 2. Disposal including applications struck off or filed out of Serial No. 1. (a) For the month .. .. .. (b) Up to the end of the month .. .. .. 3. Demand created: (a) For the month .. .. (b) Up to the end of the month .. .. 4. Collection made: (a) For the month .. .. (b) Up to the end of the month .. .. No.......................Office of the Commissioner of Taxes........................,dated to.................................19. Forwarded to the Director of Inspection, (Taxes). Commissioner of Taxes. Document1 Document1 I. Assessment work: 1. Previous years' cases pending on 1st July, 19. (a)19---------/ 19-----(b) 19---------/ 19----(c) 19---------/ 19----(d) 19---------/ 19----(e) Total of the above four items: 2. (a) Current year's cases, i.e., number of assessees on the G.I.R. as on 1st July 19. (b) Number struck of: (c) Number transferred to the Trial Register: (d) Net effective number for disposal: 3. Current year's new salary cases added to G.I.R. Sal. Other Sal. Sal. Assessment Work, etc. Other Disposed of during the month Disposed of till the end of the previous month To be dealt with during the year Other 4 3 2 1 RETUTN NO.X Progress Report of Assessment work, etc., for the mouth of..............19,. (For Non-evacuees only) Sal. Other Total number disposed of up to the end of the month 5 Sal. Other BALANCE 6 I.T.161. 334 Document1 Refund (excluding Double Income-tax Relief): 1. Arrear claims on 1st July, 19-(with particulars of years to which they relate). (a)19---------/ 19-----(b) 19---------/ 19----(c) 19---------/ 19----(d) 19---------/ 19----Total: II. 6. Cases opened or re-opened in the current year under the following section: (g) Under Section 31 (h) Under Section 33 (i) Under Section 33A (j) Under Section 34 (k) Under Section 314A (l) Under Section 35 4. New cases added or transferred during the year from the trial Register (Non-Salary). 5. Cases opened or re-opened under the following section and pending on 1st July.19. (The balance shown in column 6 of the return for the nest preceding July should be shown here). (a) Under Section 31 (b) Under Section 33 (c) Under Section 33A (d) Under Section 34 (e) Under Section 314A (f) Under Section 35 335 Document1 Other Sal. Other Total number disposed of up to the end of the month 5 Sal. Other BALANCE 6 No.........................Office of the Commissioner of Taxes.........................,dated the .....................................19. Forwarded to the Director of Inspection, (Taxes). Commissioner of Taxes 2. Claims received during the year : (a) Received during the month. (b) Received up to the end of the month excluding item (c) below. (c) More than three months old. III. Proceeding under section 28: (a) Arrears on 1st July, 19 (b) Started during the year. (c) Total. IV. Miscellaneous: Requisitions from Deputy Commissioner of Taxes for report of branches, etc. (a) Received during the month. (b) Received up to the end of the month excluding item (c) below. (c) More than three months old. Sal. Sal. Sal. Assessment Work, etc. Other Disposed of during the month Disposed of till the end of the previous month To be dealt with during the year Other 4 3 2 1 336 Document1 (a) Adde d (b) (c) (d) Subtracted Transferred Net addition to G.I.R. of subtraction [Addition should be indicated by plus (+) and subtraction by minus (-) signs.] Total at the end of the month [Column 1 plus/minus column 2 (d) and number of previous year's cases indisposed of (See Note 1)] (3) Number in which notices issued during the year till the end of the month (4) Number disposed of out of column 3 till the end of the month (See Note 2) (5) Number resulting in demand/ref und during the month This figure should be the same as 2 (c) (6) Number resulting in demand/r efund tills the end of the month. (This should correspon d with item 4 in Return No. X (7) Tk Total amount of demand/ refund till the end of the month (See Note 3) (8) Note. 2. Number of current N.A. cases disposed of will be shown as numerator and number of previous years' cases will be shown as denominator (the latter will include demand/refund cases also but not the former). Note. 3. Show demand as numerator and refund as denominator. (9) I.T.-162 REMARKS. Note 1. "Total as at the end of the month" will be shown as numerator and number of previous years' cases where notices under Section 22(2) has been unissued but which were not is posed of should be shown as denominator. No. of eases at the beginning of the month (1) (2) Net number added/subtracted during the month. RETURN No. XI. Statement showing progress of disposal of Trial Register cases. 337 338 I.T.-164 INFORMATION OF TAXED PERCENTAGE 1. Name and address of the Co .. .. 2. Year of assessment .. .. .. 3. 'Total income computed for income-tax purposes .. Less (i) (ii) (iii) (iv) Income exempted under section 15B .. Income exempted under section 15D .. Interest of tax free securities .. .. Income doubly taxed on which abatement under DTAA has been allowed .. .. Income exempt u/s 14A .. .. (v) (vi) Balance of total income which has borne tax 4. Total net profits of the Co .. .. .. (Viz. "Total income" for Income-tax purposes plus income from sources not liable to Income-tax. 5. % which the exempted amount under section 15B .. bears to the total net profits (B) 6. % which (E) the exempted amount under section 15D bears to the total net profits (B) 7. % which the profits taxed in Bangladesh bear to the total net profits (B) 8. % which income taxed in India bears to the total net profits (B) 9. % which the exempted amount u/s 14A bears to the total net profits (B) No.............................. Dated................................ Submitted to the Director of Inspection (Taxes) in compliance with Board's Circulars No. 17, dated the 28th December 1954, and No. 10, dated the 3rd September 1955, Deputy Commissioner of Taxes Document1 339 I.T.-165 TAXED PERCENTAGE CARD (Vide Board's Circulars No. 17 of 1954, dated 8th December 1954 and No. 10 of 1955, dated 3rd September, 1955). 1. Name and address of the Co. .. .. 2. Income-tax Circle in which assessed .. .. 3. Year of assessment .. .. 4. % of taxed profits (X in the Circular) .. .. 5. % of profits exempted under section 15B (D in the Circular) 6. % of profits exempted under section 15D (F in the3 Circular) .. .. .. .. 7. % which income taxed in India bears to the total net profits (B) (in the Circular) .. .. .. 8. % of profits exempted u/s 14A. No.................................... .. .. Dated Dacca, the ............................197 Copy forwarded to all D.C.T. Inspecting Joint Commissioners and Commissioners of Taxes. Dy. Director of Inspection (Taxes). Document1 340 I.T.-166 TAXES DEPARTMENT PROCESS SERVERS LIST LIST OF ENQUIRY CASES Date................................. Sl. No File/Diary No. of document 1 Balance B.F. NO. of papers given Total Document1 2 ...............................Division Name of Party 3 Nature of letter/Notice Enquiry 4 Signature of recipient with date of return 5 No. of papers returned No. of papers carried forward 341 L.T.-171 ARREAR STATEMENT (Process Server/Enquiry Inspector) Name of Process Server/Inspector. 1 D.C.T A. D. C. T. Document1 No. of papers given for service enquiry during the week B.F. Current Total 2 3 4 For the week ending.............. 19. OUTSANDING Disposal Current 5 6 over one week 7 over two weeks 8 Total 9 Signature of Process Server/Enquiry Inspector......................... ............................................. ............................................. Document1 5 Disposal 6 Current 7 Over two weeks OUTSTANDING Signature of Date............................... Process Server/Enquiry inspector................................ Deputy Commissioner of Taxes ................................... A. D. C. T. 4 2 1 3 No. of papers given for service enquiry during the week B.F. Curren Tota t l Name of Process Server/ Enquiry Inspector 8 Over two weeks 9 Total I.T.-178 ARREAR STATEMENT (Process Server/Enquiry Inspector) For the week ending.............. 197. 342 343 L.T.-173 Form of application for a Certificate under section 3 the Transfer of Property (Bangladesh) (us 47A). To The Deputy Commissioner of Taxes. .................................. .................................. The undersigned hereby applies for a certificate under section 3 of the Transfer of Property (Bangladesh) (Under Section 47A) and furnishes the following particulars in connection therewith:1. Name of applicant.......................................................................................... (in block letters) 2. Name of partner(s) in the case of a firm of co-owners.................................................................................... 3. Full address..................................................................................................... ......................................................................................................................... 4. District/Circle/Ward/Division in which assessed............................................................................................ 5. Source(s) of income........................................................................................ 6. Description and locality of property which is the subject matter of this application................................................................................. 7. The date of the purchase of the property by the applicant .............................................................................. 8. The price at which the property was originally purchased by the applicant.............................................................. 9. The name and address of the intending purchaser......................................................................................... 10. Consideration for which the property is intended to be transferred/sold................................................................................................ 11. Particulars of other immovable properties belonging to the applicant. (The. relevant details are sent out in the Schedule below)................................................................ Signature of applicant Date Name in block letters........................................................ SCHEDULE List of the immovable properties belonging to the applicant Si. No Description of property Where located Signature of applicant Name in block letters.................................. Document1 344 L.T.-174 Deputy Commissioner of Taxes Office ............................................... ................., the..................19. No. FROM The Deputy Commissioner of Taxes, .............................................. .............................................. To .............................................. .............................................. .............................................. SUBJECT.- Income-tax assessment for 19. Dear Sir, I have the honour to invite a reference to your certificate of total income, dated for the year 19 and to say that, on the basis of the particulars shown therein *[and the further information furnished by you in response to this office letter(s) No.(s) , dated], no further tax has been found to be payable by you. Your case has accordingly been filed for 19 and earlier assessment years. It can, however, be reopened as provided for in the Income-tax law if(i) (ii) at a subsequent date it is found that either the full amount of the tax payable by you had not been paid or any income, or a portion thereof, had not been assessed to tax, or an application for refund is made by you in respect of any tax which might have been paid in excess by you on your behalf. Yours faithfully. Deputy Commissioner of Taxes *Delete if inapplicable. Document1 345 L.T.-175 Deputy Commissioner of Taxes Office ............................................... ................., the..................19. No. FROM THE Deputy Commissioner Of taxes, ............................................. ............................................. To .................................................. .................................................. ................................................. SUBJECT.- Income-tax assessment for 19. Dear Sir, I have the honour to invite a reference to your certificate of total income, dated for 19 and to say that, on the basis of the particulars shown therein *[and the further information furnished by you in response to this office letter(s) No. (s) , dated ), a refund of TK. (Taka has been found to be due to you. I am accordingly* *enclosing a refund voucher for *remitting this amount to this amount by money order, Please acknowledge receipt. Yours faithfully, Deputy Commissioner of Taxes. *Delete if inapplicable. 44 Document1 346 I.T.-176 Deputy Commissioner of Taxes Office ............................................... ................., the..................19. No. FROM THE DEPUTY COMMISSIONER OF TAXES, .............................................. .............................................. To .............................................. .............................................. .............................................. Dear Sir, I have the honour to invite a reference to your certificate of total income, dated.................................for 19 and to say that on the basis of the particulars shown therein *[and the further information furnished by you in response to this office letter(s) No. (s)..................., dated........................], income-tax amounting to (Taka.......................... ) has been found to be due from you. A chalan for this amount is enclosed and I have to request that the amount may please be deposited in the Treasury/Sub-Treasury, by 2. The computation of tax is shown in the enclosed statement. Yours faithfully, Deputy Commissioner of Taxes. *Delete if inapplicable. Document1 347 I.T.-177 Deputy Commissioner of Taxes Office ............................................... ................., the..................19. No. FROM THE DEPUTY COMMISSIONER OF TAXES, .............................................. .............................................. To .............................................. .............................................. .............................................. Dear Sir, I have the honour to invite a reference to your certificate of total income dated for 19 and to request that the following further particulars may please be furnished:*(1) Dividend warrants in respect of your dividend income of Tk. If, for any reason, the original dividend warrants are not available, duplicate copies thereof or a *certificate/certificates from the *company/companies stating the amount of the dividends and the percentage at which the profits out of which the dividends were declared were liable to tax in Bangladesh may please be furnished. *(2) Insurance premium receipts. If, for any reason, the original receipts have been misplaced or are not available, duplicate receipts of a *certificate/certificates from the *company/companies stating the amount of the premium and the period for which it was paid may please be furnished. (3) A certificate in the attached form may please be furnished in respect of your claim for children's educational allowance. 2. To save inconvenience, I shall be prepared to accept a statement signed by you stating the amount of the insurance premium paid and the amount of dividend income received by you on the understanding that if at any time in future the statement is found to be untrue, you will be liable to penal action as provided for under the relevant laws and that the amount of the dividend shown by you would be included in your taxable income but no credit for the dividend was declared will be allowed to you. Yours faithfully, Encl : as above. Deputy Commissioner of Taxes. *Delete if inapplicable Document1 348 I.T.-178 Certificate to be furnished by a person claiming relief from the income-tax under section 15E of the Income-tax Act, 1922 on account of the educational expenses of his children or children wholly dependent upon him. I hereby certify that the following *of mine * children child wholly dependent upon me *where/have been was/has been receiving education during the year ending on the 30th June, 19 :Sl. No. 1. 2. 3. Name of child. Age. Name of the educational institution attended by each child. 2. I hereby further certify that the particulars given above are true and that relief under section 15E of the Income-tax Act, 1922 has not been claimed by any other person in respect of *any of the children the children, whose particulars have been shown in the above statement. Signature...................... Name........................... (in block letters) Address..................... ................................... Date *Strike out whichever is inappropriate. N.B(1) The relief is restricted to deduction from the total income of the tax-payer of Tk. 800 for each child, subject to a maximum of Td.24.00 (i.e., a tax-payer is entitled to claim relief in respect of not more than three of his own children or children wholly dependent upon him). (2) The relief is admissible in respect of children of not less than five and more then twenty-one years of age receiving education at an educational institution. (3) The relief is admissible only in the case of persons whose total annual income does not exceed Tk.50,000. Document1 Document1 I.T.-179(1) Patient's Name. 2 Serial No. 1 (a) (b) (c) (d) 3 Consultation. Surgical treatment. Injection. Visit, etc. Nature of treatment:- 4 Tk. Poisha. Treatment charges. 5 Remarks. [To be maintained by medical practitioners, i.e. doctors, surgeons, physicians, dentists, psychiatrists, tabibs, vaids, veterinary surgeons, etc., (other than medical practitioners, who do not make any separate charge for consultation but make a charge for the medicines supplied by them]. Form A(1) CASE REGISTER 349 Document1 I.T.-179(ii). Name and address of the client. 2 Serial No. 1 3 Brief particulars of the case 9Confidential details are not required). 4 Date. 5 Cash. 7 Total. Tk. poisha. 6 Cheque. Whether by Tk. poisha. 8 Whether in full or part settlement. Amount of fee remuneration, etc., received. 9 Remarks. [To be maintained by legal practitioners (including income-tax practitioners), advocates, pleaders, income-tax practitioners, accountants, auditors, architects and engineers]. Form A(2) CASE REGISTER 350 Document1 3 Tk. poisha. Tk. poisha. Cheque. 2 Cash. Amount. Tk. poisha. 4 Total 5 (i) (ii) due to me/us by me/us of on my/ us behalf Tk. poisha. Tk. poisha. 10 Total. 11 Remarks . Signature............................... Date................................. all expenditure incurred by me/us in connection with my/our business, profession and vocation and that all items of expenditure listed in the above account are supported by vouchers/cash memos/receipts, etc., which have been cancelled and filed separately. all amounts received Tk. poisha. DISBURSEMENTS. Voucher Particular Amount. No. of of Cheque Cash. Cheque. expenses. No. 6 7 8 9 Date......................19. I.T.-180 on account of the income, profits and gains from business, Profession and vocation. Remarks. Certified that the above account is a complete and true record of 1 Date in Case Register. RECEIPTS. Form B. PAYMENTS BOOK 351 Document1 I.T.181 Book No..............................Page No................ Date........................................................ Received with thanks the sum of...................... .......................................................................... (Taka................................................................. by Chegue/Bank Draft No................................ dated............................on.................................. .............................. /Cash................................ from.................................................................. Cheque by No................dated................... on account of..................................................... Bank Draft cash/ ................................................................. Signature .................... on .......................................................................... Tk...................................................................... Signature .................... Tk.......................................................................... Book No..................................................Page No. Date............................................................ Name and address of the client, etc....................... ............................................................................... Page No. of Case Register..................................... Page No. of Payment Book................................... Amount received TK............................................. (Taka..................................................................... Form C. RECEIPT BOOK 352 353 C .I.T. -I. OFFICE OF THE D. C. T.,ASSISTANT COMMISSIONER OF TAXES --------------------------CIRCLE/DIVISION, the............................ FROM ....................................... ....................................... ....................................... .......................................... .......................................... .......................................... Dear Sir(s)/Madam, SUBJECT:- ARREARS OF DEMAND UNDER ALL TAXES-RECOVERY OF According to the records of my office the position of pending demands under various taxes which are administered by me including demands for which recovery certificates have been issued is as follows:In order to obviate any hardship that may be caused to you by my imposing penalty for nonpayment and/or resorting to coercive measures of recovery, I suggest that you may check up the position of pending demands with reference to your records and see me on.....................................at................................so as to discuss with me as to how you propose to make the payment. Yours faithfully, D. C. T. .........................CIRCLE/DIVISION. 45 Document1 354 G.I.R .No . DIT (CBR) I.T.-18. Office of the D.C.T. Circle Ward District December,.......19. To ............................................. ................................................ .............................................. SUBJECT:-Completion of assessment under the new procedure for self-assessment. Dear Sir/Madam, has/have Your income-tax return(s) for 19 -19 please intimate whether been received. has/have no you wish to have your assessment(s) completed under the new self-assessment procedure? If you do so, you may please submit your return(s) revised return(s) in case you wish to revise the return(s) already submitted by you and deposit the tax still due from you on the basis of 31st January, 19 at the latest. return(s) revised return(s) the- by the Yours faithfully, D.C.T. Circle Ward District N.B-1. Strike out inappropriate words. G.I.R. No. To The Deputy Commissioner of Taxes ......................................... Dear Sir, SUBJECT:-Completion of assessment under the new procedure for self-assessment. Please refer to your letter, dated the .........December, 1964 on the above subject 2. I wish to have my assessment(s) for completed under the new procedure for self-assessment. *A return Returns and cheque/Bank draft/Treasury receipt for Tk. Revised return(s) (being the amount of tax still due from me) is enclosed. *I request that I may be allowed to pay the tax for assessment year(s)............................in.................................... instalments due to-------------------------------------------------------------------------------------Yours faithfully, N.B- Strike out inappropriate words, Document1