Gift Tax Act, 1990
Section 3, 4(1)(chha), (Ja) and 12 r/w
Trust Act, 1882
Section 3 r/w
Income Tax Ordinance, 1984
Section 160
Get the benefit of exemption of tax under section 4(1)(chha) and (Ja) of the Gift Tax Act, 1990 read with section 3 of the Trust Act, 1882–– On a plain reading of Section 4(1) (ja) of the Act, 1990 Appellate Division has found that that if the gift is made to the son, daughter, father, mother, husband, wife, full brother or full sister of the donor, then the said gift shall be exempt from the gift tax or be excluded from the ambit of gift tax chargeable under section 3 of the Gift Tax Act, 1990. ––This Division is of the view that the High Court Division rightly held that the assessing officer (Extra Assessment Commissioner of Taxes) and the appellate authorities below did not commit any illegality in imposing gift tax as contemplated under section 3 of the Gift Tax Act, 1990 and in rejecting the claim of exemption; because, in view of the provisions of the Gift Tax Act, 1990, the claim of exemption of the assessee-applicant does not have any legal basis. .....Dr. Muhammad Yunus =VS= Commissioner of Taxes, Dhaka, (Civil), 2023(2) [15 LM (AD) 154] ....View Full Judgment

Charitable society can invest its unspent money for getting more money to be spent in charity and when there is absolutely no bar under the Societies Registration Act and when the Memorandum of Association of a society has authorised the same to invest their money not imme­diately required the same may be invested. BRAC vs Professor Mozaffar Ahmed 54 DLR (AD) 36.

The Trust Act has provided for certain restrictions on the investment of trust money. The Societies Registration Act contains no limitation on investment to be made by a society. A society cannot be construed as a trust, and the provisions of the Trust Act have no manner of application in the functioning of a society. Therefore, the embargo in the Trust Act has no manner of application in the case of any society registered under the Societies Registration Act. (Per Mahmudul Amin Chowdhury, CJ) BRAC v. Professor Mozaffar Ahmed and others, 22 BLD (AD) 41.

Sections 73 and 74 are not intended to apply to a contentious case, where proceeding by way of suit is appropriate, but cases appropriate to a summary procedure where the facts are not disputed or cannot reasonably be disputed. Khalid Hamidul Huq vs Nafisa Chowdhury and others 47 DLR (AD) 104.

It provides that whenever any vacancy or disqualification in respect of a trustee occurs and it is found impracticable to appoint a new trustee under section 73 of the Trusts Act, the beneficiary may apply to the .principal Civil Court of original jurisdiction for the appointment of a trustee or a new trustee.
The scope of section 74 of the Trusts Act is limited only to cases where the trust is an undisputed and executable one. In the instant case, the creation, existence, validity and executability of the trust itself is being disputed, the trial court was correct in holding that if the Miscellaneous Case under section 74 of the Trusts Act is proceeded with, conflicting decisions may arise leading to serious complications. The Miscellaneous case was rightly stayed till the disposal of the Partition Suit. Khalid Hamidul Huq Vs. Mrs. Nafisa Chowdhury and others, 15 BLD (AD) 79.

Section 81 and 82 of the Trusts Act, 1882:
It cannot be denied that the benami transaction was custom of the Country and it was recognized as customary law till Land Reforms Ordinance, 1984 was promulgated. In 1882, the practice of benami transaction received legislative recognition under section 81 and 82 of the Trusts Act, 1882. .....Mahmud N. A. Khan & ors Vs. Md. Kamrul Islam Khan & ors, (Civil), 19 SCOB [2024] HCD 165
In this case, the onus of establishing that the transaction is benami, is on the defendants, where it is not possible to obtain evidence which conclusively establishes or rebuts the allegation, the case must be dealt with on reasonable probabilities and legal inferences arising from proved or admitted facts. .....Mahmud N. A. Khan & ors Vs. Md. Kamrul Islam Khan & ors, (Civil), 19 SCOB [2024] HCD 165 ....View Full Judgment

If the property is not found abandoned under the law, the possession of the Government is that of a trustee and transfer by the Government will be in violation of section 94 of the Trust Act. The Chairman, Sena Petitioner Vs. Haji Sufi Fazal Ahmed, 17 BLD (HCD) 584.

Income Tax Ordinance, 1984
Section 44(4)(b), 2(20)(a), 2(65), 16
Income Tax Act, 1922
Section 60(1)-(a)(3)
Constitution of Bangladesh
Articles 15, 17, 83
Private Universities Act, 1992/ 2010
Societies Registration Act, 1860
Companies Act, 1994
Section 28
The Trust Act, 1882
Private university is a juristic person— The observation of the High Court Division that tax on private universities will increase the education cost of the students is not correct, since income tax is a direct tax payable only when a private university earns income; In case of loss no tax is payable. —However, the writ-petitioner-respondent private universities may not be required paying tax if it enjoys tax exemption under any lawful arrangement. .....Ministry of Finance, Bangladesh =VS= North South University, (Civil), 2024(1) [16 LM (AD) 63] ....View Full Judgment