ব্যবসা হইতে আয়ের বিশেষ ক্ষেত্রসমূহ

(1) Without prejudice to the generality of section 45, in special cases, the provisions of this section shall apply in computing income from business.

(2) If any asset used in the business of the taxpayer for which the income is computed is sold in any income year, the amount of such sale proceeds shall be as follows, namely: -

(3) If any amount received by way of insurance, salvage or compensation on account of the abandonment, destruction or destruction of an asset after being used in the taxpayer’s business exceeds the depreciated value of the asset, the amount of income in such case shall be as follows, namely: -

(4) As per column (2) of the table in sub-sections (2) and (3), if the difference between the sale proceeds or as the case may be, the amount received for insurance salvage or compensation against the asset and the depreciated value is negative, the result shall be deemed to have been spent on business income and shall be included in the allowable general deduction.

(5) In the table to sub-sections (2) and (3)

A = amount received for insurance, salvage or indemnity against the asset,

B = acquisition value of asset, and

C = it will mean the calculated depreciated value of the asset, after allowing depreciation under the third schedule.

(6) If a taxpaying exporter has transferred the whole or part of the export quota distributed in his favor by   the Government to any other person in any income year, the proportionate export value of such transferred quota shall be treated as income from the business of the taxpayer in that income year.

(7) The said sub-section has been deleted

(8) if in computing income under this Chapter in any income year any trading of the taxpayer is taken as a liability and—

(a)   any subsequent income in respect of which the taxpayer receives any benefit in respect of the trading liability in the said income year, the value of that benefit shall be treated as income of the class of income from the business of the taxpayer in the income year in which the benefit is received;

(b)   if the trading liability or any part thereof remains   unpaid within 3 (three) years after the end of the income year in which the said trading liability has been• taken into account, then the said unpaid trading liability shall be classified as income from business of the taxpayer in the income year following the end of the said 3 (three) year. Income shall be treated as:

Provided, however, that if any such trading liability treated as income is paid in a subsequent year, such amount shall be excluded in computing the income of the taxpayer in the income year to which the payment relates.

(9) If in any income year a loss, credit or any expense is deducted in computing the income under this chapter, and if in any subsequent income year, the taxpayer receives any benefit in respect of such deducted loss, credit or expense, the value of that benefit shall be treated as income of the taxpayer from the business of the taxpayer in the income year in which the benefit is received.

(10) In case of filing of return under section 180, the deficiency of any amount in the initial capital shown at any time during the next 5 (five) years of the year in which the return is filed shall be treated as income from business.

(11) In computing the income of a financial institution, interest or profit income on mines classified as bad or doubtful mines by Bangladesh Bank shall be credited as profit and loss in the income year, or in the income year in which it is actually received, whichever is earlier included as income from the business of the financial institution in that income year.

(12) For the purposes of this section—

(a)   the business in which the asset is used before the sale shall be deemed to have been carried on by the taxpayer in the income year to which the asset is sold;

(b)   if an asset is exported transferred outside Bangladesh after being used in the taxpayer's business, the date of such export or transfer shall be deemed to be the date of sale of the asset and the purchase price of the asset shall be deemed to be the proceeds of such sale.

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