Income Tax Appeal

 

                                                          IT-62(Big)

Commissioner of Taxes (Appeal)

Tax Appeal Zone-2, Dhaka

Order Date: 22/01/2017

Income Tax Appeal No.-89/LTU/2016-2017.

TIN No.-001-200-8974

 

Mr. Mohammad Ataul Haque, Deputy Commissioner of Tax

Submitted on 04/08/2016 due to order of the Deputy/ Assistant/ Extra Assistant Commissioner of Taxes

                                                                                                                                                               

1. Taxation year	:	2011-2012
2.   Name of the applicant and name of the registered firm or  applicant who has filed the  application  to renew the registration or name of the partners	:	OTTO SPINNING LIMITED Sena Kalyan Bhaban, suit no.-1708-10  (17th floor), 195 Motijheel C/A, Dhaka-1000
3. Assessed Income	:	Tk.82849785/-
4. Demanded income  extra tax/ income tax	:	Tk.158,77,805/-
5.  The section under which the tax has been fixed	:	Section 82 BB (3)/83 (2)

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Hearing date	:	26/12/2016
Presented on behalf of applicant	:	Mr. Biplob Boral, Income Tax Advisor
		Mr. Abul Kalam Azad, Advocate
Presented for the department	:	None

 

Appeal order and reason of decision:  The appeal case has been filed against the order of the  tax assessment under section 82BB (3)/83 (2) of fiscal year 2011-2012 issued by  Deputy Commissioner of Tax, Appeal, Large Taxpayer Unit, Dhaka.

 

Page No.-2

OTTO SPINNING LIMITED

The comment has been issued about the no objection appeal submitted by Mr. Abul Kalam Azad, Advocate and Income Tax Adviser namely Mr. Biplob Baral of the Taxpayer Company. Their statement has been heard and the appeal case has been settled for the fiscal year 2011-2012.

Payment of  liability (section-153 (3)):

Income tax return has been submitted after showing the income of Tk.13498761/- for the fiscal year 2011-2012 of taxpayer company.  The taxpayer company has showed Tk.2777547752/- for the said fiscal year. According to the  section 16CCC of Income Tax Ordinance the amount of the tax is Tk.13887739/- at the rate of 50%. According to the section 74 of Income Tax Ordinance 1984 the said company has paid the income tax. According to the section 74 of taxpayer company, the income tax of  (Tk.13887739-2134376) = Tk.117,53,363/- has not been paid. If the condition and section are not followed under section 153 (3), they will not have any opportunity to hear lawfully.

 In this circumstance, without payment of 16CCC, as the appeal case has been filed under section 153 (3), the appeal has been refused.

 The true copy of the appeal order has been sent:

1) Concerned Applicant:

2) Concerned Deputy Commissioner of Tax:

3) Deputy Commissioner of Tax, Tax Zone-2/6/14/LTU/Gazipur

Order of the Tax Commissioner (Appeal):

 

Sd./-Illegible Sat Typist and Computer Operator Tax Commissioner (Appeal) Tax Appeal Zone-2, Dhaka

Signed (Kazi Emdadul Haque) Tax Commissioner (Appeal) Tax Appeal Zone-2, Dhaka