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Dive into PART 12: COLLECTION OF INFORMATION from the Income Tax Act Bangladesh in this detailed breakdown of Chapter I: Collection of Information by Income Tax Authority. Perfect for taxpayers, CA professionals, tax consultants, and anyone preparing for NBR exams or staying compliant with Bangladesh tax laws 2025.
We start with Section 198: Definitions – Understand who qualifies as an Investigating Income Tax Authority (e.g., Directors General of Taxes (Inspection), Director General (Central Intelligence Cell), Commissioner of Taxes, and authorized Inspecting Additional/Deputy Commissioners or Inspectors). Also, learn what Income-Related Records include: books of accounts, documents, electronic records, and systems.
Move to Section 199: Application of rules for information collection without prejudice to other Act provisions.
Section 200: Collection of Information – Any authority not below Deputy Commissioner of Taxes can issue written/electronic notices to demand necessary info for Act functions or pending investigations. Proviso: No info from banks or finance companies without Commissioner approval.
Section 201: Automatic Furnishing of Information – NBR Board can notify authorities/entities to digitally submit data on assets, liabilities, income, expenses, transactions. Methods: Upload to NBR system, data sharing, or granting electronic access.
Section 202: Inspection of Business Records – Compel provision of copies relevant to investigations.
Section 203: Investigation of Source of Income – Demand details and enforce copies on income sources.
Section 204: Inquiry and Investigation – Investigating authorities can inquire, summon persons/organizations, demand documents. NBR to prepare a manual for procedures.
Then, Chapter II: Survey, Searching, and Seizure begins with Section 205: Power of Survey – Delegate powers to visit business premises or rent-derived income places. Entry rules: Business hours only; after sunrise/before sunset otherwise. Actions: Mark/stamp books, seize records (with reasons), inventory cash/valuales, oath examinations, enquiries. Duties of proprietors/employees: Assist in inspection, provide info. Statements usable as evidence. No removal of cash/stock; retention max 1 month without Commissioner approval. Enforcement powers under Section 223 for non-compliance.
Section 206: Power of Search and Seizure – Triggered if summons/notices ignored or records likely hidden. Delegate to Assistant Commissioner+ (authorized officer). Powers: Enter/search buildings/vehicles, break locks, search persons, seize items, mark/stamp, inventory, retrieve electronic data (even password-protected). Requisition police/govt experts. If impracticable to seize, prohibit dealing without permission (non-compliance = tax defaulter). Oath examinations; presumptions of ownership/truth/signatures. Copy rights for seized parties. NBR rules on procedures; CrPC 1898 applies mutatis mutandis.
Section 207: Transfer of Seized Records – Handover to DCT within 30 days; deemed if same person.
Section 208: Retention Period – Max 60 working days; extendable up to 30 days post-proceedings with approval. Appeal to Board.
Section 209: Provision of Seized Assets – DCT hears person, estimates undisclosed income summarily within 90 days, computes tax + liabilities. Order payment with Commissioner approval; release on compliance. Retain sufficient assets if default; deem assessee in default. Objection to Commissioner.
Section 210: Application of Retained Assets – Apply money first to liabilities; sell non-money assets like movable property via Tax Recovery Officer. Residual returned.
Finally, Chapter III: Summons for Hearing with Section 211: Power to Take Evidence on Oath – DCT, Additional/Joint Commissioner, Commissioner, DG (CIC), Appeals Commissioner, Tribunal have Civil Court powers (Code of Civil Procedure 1908): Discovery, attendance/oath, document production, witness commissions. Bank employee/books need Commissioner approval. Impound documents; no seizure without reasons, retention max 15 days without Chief Commissioner/Commissioner approval. Proceedings = judicial under Penal Code; orders = Civil Court orders.
Updates from Finance Act 2024 (effective July 1, 2024): Clause (d) in Section 198 substituted; "finance company" replaces "financial institution" in Section 200.
Essential for income tax compliance, NBR audits, tax evasion prevention, and understanding IT authorities powers. Subscribe for full series on Income Tax. #IncomeTaxAct #BangladeshTax #CollectionOfInformation #IncomeTaxAuthority #TaxSurvey #SearchAndSeizure #NBRBangladesh #FinanceAct2024 #TaxCompliance #ITOrdinance1984 #TaxInvestigation #SeizedAssets #AutomaticInformation #BusinessRecordsInspection #SourceOfIncome