কতিপয় ক্ষেত্রে বিয়োজন অনুমোদনযোগ্য না হওয়া

Notwithstanding anything contained in this Chapter, the following deductions shall not be allowable in computing income from business in the following cases, namely: -

(a)   any expenditure or payment in respect of which the provisions of Part VII have not been duly complied with;

(b)   interest, salary, commission or gratuity paid by any firm or association to any partner of the firm or any member of the association;

(c)   payment of any commission or discount by a company to a director of a shareholder;

(d)   any amount in excess of ten (ten) lakhs of taka paid to an employee in respect of perquisites as defined in the Explanation to section 32:

Provided that nothing in this section shall apply to the payment to employees for carrying out the recommendations of the Wage Board constituted by the Government, by notification in the Government Gazette;

(e)   an excess of 10% (ten percent) of the net business profit shown in the financial statements in respect of the aggregate of the total expenses for royalties, license fees, technical service fees, fees for technical techniques, technical assistance fees or any other fees of the same kind incurred for the use of intangible property;

(f)    an excess of 10% (ten percent) of the net trading profit shown in the financial statements in respect of head office or intra-group expenditure, by whatever name, incurred by any such company not registered in Bangladesh;

(g)   an additional figure of 0.5% (zero decimal five percent) of the business turnover shown in the financial statements in respect of expenses related to foreign travel for business purposes:

Provided that this limit shall not apply if the taxpayer travels abroad for rendering any service to the Government:

Provided further that the limit provided in this clause shall not apply if evidence is presented in support of the additional sums enumerated under this clause and the commercial justification thereof is proved;

(h)   an amount in excess of the following sums as entertainment expenses-

(i)    4% (four percent) of the first 10 (ten) lakh taka of assessed business income excluding entertainment expenses; and

(ii)  2% (two percent) of the amount excluding first 10 (ten) lakh taka of business income assessed without deduction of entertainment expenses;

(i)    amounts in excess of the following amounts for distribution of free samples-

(i)    in the case of pharmaceutical industry—

(1)   at the rate of 2% (two percent) of business turnover up to Tk 5 (five) crores;

(2)   business turnover exceeding 5 (five) crore taka, but not exceeding 10 (ten) crore taka in such cases at the rate of 1% (one percent);

(3)   business turnover exceeding Tk 10 (ten) crores at the rate of 0.5% (zero-point five percent) in such cases;

(ii)  In the case of food, cosmetic and perfume industries—

(1)   at the rate of 1% (one percent) of the business turnover up to 5 (five) crore taka;

(2)   business turnover exceeding 5 (five) crore taka, but not exceeding 10 (ten) crore taka in such cases at the rate of 0.5% (zero-point five percent);

(3)   business turnover exceeding Tk 10 (ten) crores at the rate of 0.25% (zero-point two five percent) in such cases;

(iii)           In respect of other industries

(1)   at the rate of 0.5% (zero-point five percent) of business turnover up to Tk 5 (five) crores;

(2)   business turnover exceeding 5 (five) crore taka but not exceeding 10 (ten) crore taka in such cases at the rate of 0.25% (zero-point two five percent);

(3)   business turnover exceeding Tk 10 (ten) crores at the rate of 0.1% (zero-point one percent) in such cases;

(j)    an amount exceeding 0.5% (zero-point five percent) of business turnover in respect of promotional expenditure other than advertising;

(k)   if any such amount treated as income from the employment of the employee is paid through any other medium than through banking;

(l)    if any payment which is deemed to be income from rent is paid through any other medium than through banking;

(m) Payment of any amount in respect of raw material, if it is paid through any other medium instead of through banking, the amount paid in excess of 5 (five) lakh taka•

(n)   In the case of all types of expenses other than clauses (k), (l) and (m), if the additional amount of 50 (fifty) thousand taka is paid through any other medium instead of through banking,

(o)   any amount paid to any such person liable to file proof of filing of return under clauses 25, 26, 28, 29, 36, 37, 42 and 43 of sub-section (3) of section 264, if such person fails to file proof of filing of return at the time of payment;

(p)   any expenditure of a capital nature or any personal expenditure of the taxpayer;

(q) Any liability arising against any exclusion or any filing which is not expressly set forth

(r)    all such expenses not related to business activities;

(s)   deduction of any depreciation allowance and interest claimed on Right of Use of an asset as per International Financial Reporting Standard:

Provided that in this case the rent, development and maintenance expenses payable for the land or premises used for business purposes shall be approved;

(t)    impairment loss of notional property;

(u) money paid to any fund for which sanction is provided for in this Act but not sanctioned.

(v)   all unsubstantiated expenses for non-compliance with the provisions of accounting in the prescribed manner.

Explanation- For the purposes of this section, -

(i)    “Net business profits” means the business profits directly carried on by an entity, but does not include profits derived from any subsidiary, associate or joint venture;

(ii)  “Promotional expenses” means business expenses claimed against the provision of goods, money or any other benefit to any person for the purpose of business, but shall not include advertising expenses.

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