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Assessment Year
Assessment year:
Assessment year means the year following the financial year, i.e. income year. Thus, the
assessment year always begins on 1 July and ends on 30h June every year. This period is
also known as the financial year. Accordingly, it is the current financial year in which income
of the immediately preceding financial year (known as income year) is assessed. As per
section 2(24) of the Income Tax Act, 2023; the term "Assessment year" means the period
of 12 months commencing on the first day of July every year. In case of business
discontinuance, person leaving Bangladesh et. income year related financial year shall be
deemed to be the assessment year in respect of the income of the broken period.
From the following example,we can see how to find out the assessment year and tax day:
Example
Income year Income year Assessment year Tax Day
ended on For company taxpayer
30.06.2023 2022-23 2023-24 15.01.2024
30.09.2022 01/10/21 to 30/9/22 2023-24 15.09.2023
31.12.2022 2022 2023-24 15.09.2023
31.03.2023 01/4/22 to 31/3/23 2023-24 15.10.2023
31.07.2023 01/8/22 to 31/7/23 2024-25 15.09.2024
Income year & assessment year Ranjan Kumar Bhowmik FCMA as amended up to 24/3/2022 Page 1 of 2
The
assessment vear and the income year may be the same.
Tnus, In those cases the assessment year are disCussed as
under:
exceptions to the normal rule of or
discontinued business Section 191]: Where any business the
[1] Income of assessment year, the income of the period from
profession is discontinued in any charged to
date of such discontinuance may be
expiry of the last income year up to the
tax in that assessment year.
193]: Whenever any person is leaving
[2] Perssons leaving Bangladesh [Section may proceed to assess him for
Bangladesh and has no intention to come back, the DCT
assessments remain pending as well as for
all the completed income years for which his Bangladesh.
the broken period up to the probable date of his departure from
Here is deviation from the usual practice as the assessment of the
broken period may be
completed before the commencement of the relevant assessment year.
the
[3] Income of non-resident shipping companies [Section 259]: Section 259(2) of in the
ITA, 2023, provides for the taxation of income of non-resident shipping companies do not
year in which they earn their income in Bangladesh, provided that such companies
have any representative here.
The End
ADVANCE PAYMENT OF TAX
Advance income tax is the tax which is to be paid by the assessee in advance
either by deduction or collection of tax at source or by payment of quarterly
instalments.
A new assessee who has not previously been assessed shall also require to
pay
advance tax if his current year's income [excluding capital gain and one-time
income] is likely to exceed Tk. 600,000/ [See. 156]
(3) When and how advance tax is to be paid?
Advance Tax prepared by Ranjan Kumar Bhowmik FCMA as amended up to 03/7/2023 based on Income Tax Act,2023 Page I of2
Ist instalment 15th September
2nd instalment 15th December
advance tax?
(4) Whether withholding tax at source will be treated as
Yes, withholding tax is also to be treated as advance payment of tax. (Sec. 155]
(5) What will happen in case of excess payment of advance tax?
If the advance tax paid by the assessee exceeds the tax payable by him on
regular assessment, Govt. willpay simple interest on excess payment @10% per
annum to be calculated from 1t July of the respective assessment year to the
date of regular assesSment but not more than 2 years. [Section 161]
(6) Is there any scope to pay estimated amount of advance tax?
Yes, if any assessee feels, at any time during the year, that his tax is likely to be
less than the tax payable as per law, then he may submit an estimate to the DCT
and pay estimated amount of advance tax accordingly. But at the time of
assessment if the DCT found that his estimate is wrong and tax actually comes
higher, then assessee will have to pay simple interest as per section 162.
[Sec.155(5)]
(7) What are the consequences in case of failure to pay advance tax?
Advance Tax prepared by Ranjan Kumar Bhowmik FCMA as amended up to 03/7/2023 based on Income Tax
Act,2023 Page 2 of2
Deemed income (Income from other sources)
Ranjan Kumar Bhowmik FCMA
Former Member
National Board of Revenue
There are some unexplained cash credits, investments, expenditure including possession of money,
bullion, jewellery, etc. with an assessee shall be deemed to be his income under the Income Tax Act,
2023. The deemed incomes have been specified in section 67 of the act.
Loan received by any company otherwise than by bank transfer Isection 671)E
Where any sum claimed or shown to have been received as loan by any company otherwise than by
bank transfer, the amount so received shall be deemed to be the income of the company for the
income year in which such loan was received under the head "income from other sources".
However, where the loan is paid back in a subsequent income year, the amount so paid snall be
deducted in computing the income in respect of that subsequent year.
Buyinghiring motor car/Ëeep by a company [section 67(12)]:
Where any company, purchases directly or on hire one or more motor car or jeep and value of any
motor car or jeep exceeds 10% of its paid up capital together with reserve and accumulated profit,
then 50% of the amount that exceeds such 10% of the paid up capital together with reserve and
accumulated profit shall be deemed to be the income of the company for that income year under the
head "income from other sources".
Loan/gift/advanceldeposit received by an assessee other than bank transfer (section 67(13)1
A loan or gift or advance or deposit of any kind called by whatever name
received by an assessee
otherwise than by bank transfer, the amount so received shall be deemed to be the income if the
aggregate amount of such loan or gift or advance or deposit of any kind called by whatever name
received in an income year exceeds Tk.5,00,000/
Building construction material if purchased on credit but not paid back within 2years
[section
67(14)1:
Where an assessee, other than real estate company, purchases on credit any building
material, the sum or any part thereof which has not been paid back within 2 years from theconstruction
end of the
income year, the unpaid amount shall be deemed to be the income under the head "income fromn
Sources" other
Showing tax free income or income where reduced tax rate is applicable at
175 or 180 or 212 [section 67(15)]: revised return u/s
Where an assessee files an amended/revised return under section 175, 180 or
212
exempted income or income subject to reduced tax rate, that income will be treated asand shows any
$income from
other sources" and regular tax rate will be applicable thereon.
Provided that, in case where banking channel is involved and supporting
support of exempted income or reduced tax rate, then the provision evidence can be produced in
of this section will not be
applicable.
Set-off &Carry forward of losses
Ranjan Kumar Bhowmik FCMA
Former Member
National Board of Revenue
1]Introduction
An assessee may have multiple sources of income. It is very common that loss will not generate
from each head. Thus, losses from one head may be adjusted with income from other heads so
that net figure results income and tax can be imposed on it. However, if the total income from all
heads results losses, set-offcannot be done. In such a situation, loss of one year can be carried
forward to subsequent year or years for set off.
Set-off and carry forward of losses is practically significant to compute total taxable income and
these are the benefits enjoyed by assessees to cover up their losses before paying taxes to the
government. Set-off means the coverage of loss under one head against another head in the
same year. Carry forward is the transferring of loss of one year to the succeeding year or years
tor coverage if set-off was not possible or insufficient. Such set-off and carry forward facility can
be availed upon fulfillment of some conditions. After carry forward, losses from any head cannot
be set-off against income from any other heads and losses cannot be carried forward for
unlimited period. This paper presents these two issues in detail.
a) Set-off of losses
b) Carry forward and then set-off of losses
[21 Set-off of losses
Where, in respect of any assessment year, the net result of computation of income under any
head is aloss, the assessee shall, subject to certain exceptions, be entitled to have the amount
of such loss set-off against his income, if any, assessable for that assessment year under any
other head. Loss sustained in any year under one head should be set-off against income under
another head in that year in order to arrive at the true total income of the assessee.
Ifafter settingoff losses against income under the same head the net result is still aloss, Such
loss may be set-off against income of the same year under any other head.
The table produced below may be used as a short-cut quideline for set-off of losses:
Loss Restrictions to Set-off Ref. section
1. Business loss Set-off is only possible if there is income Section 70(2)
from another business
2. Speculation business loss Set-off is only possible if there is income Section 70(2)
from another speculation business
3. Capital loss Set-off is only possible if there is Section 70(2)
another capital gain during the year
4. Tobacco manufacturing Set-off is only possible if there is income Section 70(2)
business loss from another tobacco manufacturing
business income
5. Loss at tax-free income or Set off not allowed against any income Section 70(3)
income where reduced tax rate
is applicable or loss at any
head where minimum tax u/s
163 is applicable
Set-off &carry forward of losses prepared by Ranjan Kumar Bhowmik FCMA Former Member, NBR as on 16/8/2023 Page 1
[31 Carry forward of losses [Section 70(5)1
for cOverage
Carry forward is the transferring of loss of one year to the succeeding year or years section 70, it
be set-off under
ifset-off was not possible or insufficient. If loss at any head cannot of asubsequent year.
of income
can be carried forward and set-off against that particular head
And no such loss cannot be carried forward beyond 6 successive assessment years.
[41 Carry forward of business loss and unabsorbed depreciation [section 70(5) +section 71]
If business loss cannot be set-off under section 70, it can be carried forward and set-off against
the profits of a subsequent year. The right of carry forward of business loss is subject to the
following restrictions:
Normally loss cannot be carried forward beyond 6 successive assessment years. However as
per section 71 unabsorbed depreciation allowances can be carried forward to any subsequent
year without any time limit. The unabsorbed depreciation is deemed to be part of the depreciation
allowance for a subsequent year and will enter into the computation of the income of such
subsequent year.
Section 71 requires that losses which have been carried forward from past years should first be
set-off against business profits and if any balance of profits still remains, then unabsorbed
depreciation allowances of past years can be carried forward under section 71(3) for set-off
against such balance of profit.
In a scheme of amalgamation, the amalgamated company shall have the right to carry forward
the accumulated loss and the unabsorbed depreciation of the amalgamating company in the
income year in which the amalgamation took place as mentioned at 8th Schedule (Part-1) Para-3.
In case of startup sandbox,loss in any growth year can be carried forward up to 9 successive
assessment years as per section 8th Schedule (Part-2) Para-2.
Loss may be carried forward and set-off against the profits and gains of the same business as
that in which the loss was incurred.
The business or profession in which the loss was originally sustained should continue to be
carried on by the assessee in the year in which the carried forward loss sought to be set-off.
The right of carry forward and set-off of losses continues only so long as the business continues.
The right would be lost if the business ceases to be carried on. Therefore, if the business is
discontinued by the assessee, the loss which has been carried forward cannot be set-off against
the profits of any other business even if such other business was also carried on by the assessee
at the time when the loss was incurred. [CIT Vs. International Industries Ltd. [1952]22 ITR 44]
The loss can be carried forward and set-off only against the profits of the assessee who incurred
the loss. The person who incurred the loss alone has the right to carry forward the same and the
successor in business cannot claim to carry forward the loss incurred by the predecessor in
business. The only exceptional case ís that of succession by inheritance as mentioned at section
70(6)of ITA,2023.
[5 Carry forward of Partnership firm's losses [Section 70(4) + 70(6)1
In the case where the assessee is a partnership fin, tax is levied on the firm directly as a distinct
unit of assessment. Any loss incurred by a partnership firm may be set-off during the year by the
fim itself against its income from any other head and unabsorbed loss may be carried forward by
the firm for set-off against its profit in asubsequent year but no individual partner has the right to
set-off his share of the firm's loss against his own income nor he has the right to carry forward his
share of the firm's loss.
Generally, the successor in business cannot claim to carry forward and set-off the loss of his
predecessor. The exception is the case where the succession is by inheritance. The heir would be
entitled to carry forward the loss incurred by the previous owner. The same principle is applicable
for partnership firm also. The fim shall not be entitled to carry forward and set-off so much of the
loss proportionate to the share of a retired or deceased partner.
Sources: [1] Income Tax Act, 2023
(2]Court case references
The End
Set-off &carry forward of losses prepared by Ranjan Kumar Bhowmik rcMA Former Member, NBR as on 16/8/2023 Page 2
26/09/2023
TAX
Presented
by
Ranjan Kumar Bhowmik FCMA
Former Member
National Board of Revenue 1
Classification of Companies:
For preferential tax purpose, companies are classified
into following groups:
1
26/09/2023
Mandatory TIN:
Every company requires 12 digit TIN to mention it in the
income tax return. TIN can be obtained through online.
4
26/09/2023
Signatory
The returnshould be signed by the principal officer. Principal
officer may be
(a) Managing director, manager, secretary, treasure,
CEO,CFO or accountant (by whatever designation
any officer responsible for management of the affairs,known),
or
or of the
accounts, of the company; and
6
26/09/2023
Maintenance ofAccounts
8
26/09/2023
Allowable expenditure
1% 0.50% 0.25%
Exceeding Tk. 5
crore, but up to
Tk. 10crore
0.5% 0.25% 0.10%
Exceeding Tk. 10
crore
Section 55(0) 11
12
26/09/2023
Inadmissible Expenditure
Salary If paid otherwise than by bank transfer (sec.55(k)]
Impalrment loss [sec. 55(t)]
Overseas traveling exceeding 0.60% of disclosed business
turnover. However, exceeded amount wll also be allowed if proper
evidence and justificatlon can be provided. [sec.55(9)1
* Any commission or discount paid by any company to its
shareholder director [sec. 65(c)]
Any cash payment above Tk.50,000 other than bank transfer
except any payment for government obligation. However, in case
of raw-material purchase the limit of cash payment is Tk.5,00,000
[sec. 55(m + n)]
13
Inadmissible Expenditure
o Any payment by way of any rent of any property whether
used for residentialor commercial purpose, otherwise than
bybank transfer [sec. 55(L)]
Inadmissible Expenditure
Deduction as depreciation and interest on any right to use
asset. However, rent and maintenance expense will be
allowed. [sec. 55(s)]
15
16
26/09/2023
[Finance Act,2023]
[Finance Act,2023]
26/09/2023
Assessment Year
Heads/sources of Income
Types of 2023-24
Company
15%
(1)Capital Gain ( 2nd schedule)
10%
(2) Capital Gain from sale of shares of
listed companies 20%
Mobile (3) Dividend Income
Phone (4) Other For publicly Traded 40%
Income Company
Other than publicly 45%
Traded Company
19
Fiscal Incentives:
(1) Tax Holiday
The company is allowed tax holiday for 5 years or 10 years
depending on the location of the industry
(a) Dhaka, Mymensingh and First year
Chittagang division (excluding 90%
Second year 80%
Dhaka, Narayangonj, Gazipur and Third year 60%
Chittagong district and also the hill 5
Fourth year 40%
district of Rangamati, Bandarban Fifth year
and Khagrachari) 20%
(b) Rajshahi, Khulna, Sylhet, Barisal First year and Second year 90%
and
Rangpur excluding city Third year 80%
corporation area (including the hill Fourth year 70%
district of Rangamati, Bandarban Fifth year 60%
and Khagrachari) 10 Sixth year 50%
Seventh year 40%
Eighth year 30%
Ninth year 20%
Tenth year 10%
26/09/2023
Fiscal Incentives:
(2) Tax Exemption for industries set-up at Economic Zone
and High Tech Park
First year, Second year and Third year 100%
Fourth year 80%
Fifth year 70%
Sixth year 60%
Seventh year 50%
24
26/09/2023
OR Tax rebate
Whichever is @10% is
lower is to be
TK. 12,00,00,000/= applicable on
treated as
allowable CSR such allowable
OR
CSR.
Areas of CSR
& natural calamities
& old home
welfare of retarded persons
education of p0or children
accommodation of slumdwellers
awareness program of anti-dowry and women rights
* rehabilitation of poor and orphan children
research on liberation war related subject
sanitation in Chittagong hill tracts
treatment of cataract, cancer, leprosy
treatment of acid victims
* free medical treatment to the poor by specialized hospital
* public university
26
26/09/2023
TAX
Paper presented by:
Presentation outline
c) Arrear salary if not charged to income tax for any earlier income year; and
d)Any income earned from employee share scheme.
Salary once included in any year on due basis or advance payment basis is not
includible again in salary income of an employee of any other year.
Perquisites
Perquisite means any payment or benefit made to an employee in the form
of cash or any other form but excluding the following:
a) Basic Salary
b) Festival bonus
c) Arrear Salary
d) Advance Salary
e) Leave encashment
f) Overtime