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Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 1
MAJOR AMENDMENTS MADE BY FINANCE ORDINANCE, 2076
• INCOME TAX
Section/
Rules Old Provision New Provision
Section
11(2)
Incomes derived by cooperative societies,
registered under Cooperative Act, 2074
from business mainly based on agriculture
and forest products such as sericulture and
silk production, horticulture and fruit
processing, animal husbandry, diary
industries, poultry farming, fishery, tea
gardening and processing, coffee farming
and processing, herbiculture and herb
processing, vegetable seeds farming, bee-
keeping, honey production, rubber farming,
floriculture and production and forestry
related business such as lease-hold forestry,
agro-forestry, cold storage established for
the storage of vegetables and business of
agricultural seeds, insecticide, fertilizer and
agricultural tools (other than machine
operated)and rural community based saving
& credit cooperatives are exempt from tax.
Dividends distributed by such societies are
also exempt from tax.
Incomes derived by cooperative societies,
registered under Cooperative Act, 2074 from
business mainly based on agriculture and forest
products such as sericulture and silk production,
horticulture and fruit processing, animal
husbandry, diary industries, poultry farming,
fishery, tea gardening and processing, coffee
farming and processing, herbiculture and herb
processing, vegetable seeds farming, bee-keeping,
honey production, rubber farming, floriculture
and production and forestry related business such
as lease-hold forestry, agro-forestry, cold storage
established for the storage of vegetables and
business of agricultural seeds, insecticide,
fertilizer and agricultural tools (other than
machine operated)and rural community based
saving & credit cooperatives Cooperative
doing Financial Transactions are exempt from
tax. Dividends distributed by such societies are
also exempt from tax.
Section
11(2Kha)
No Provision Following rebate will be allowed on Income Tax
for Special Industry fully operated during any
Income Year :
(Ka) 1/3 of Tax on income of Resident Natural
Person if required to pay tax at 30%
(Kha) 20% of Income Tax on income of an Entity
(Ga) Person availing benefit as per Clause (Ka)
and (Kha) is also eligible if any for another
tax rebate as per this section.
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 2
Section
11(3Nga)
The rate of tax will be exempted by 25% on
income earned from exporting goods
manufactured by a manufacturing industry.
The rate of tax will be exempted by 25% on
income earned from exporting goods
manufactured by a manufacturing industry.
Following tax rebate shall be allowed on
Income from export having source in Nepal
during any Income Year:
(Ka) If resident natural person required to pay
tax at 20% on Income then 25% of such
tax amount and if required to pay at
30% on Income then 50% of such tax
amount
(Kha) 20% on applicable Income Tax on
Income of an Entity
(Ga) Additional 25% on tax amount after
availing rebate as per clause (Ka) or
(Kha) on income received from Export
of Manufactured goods by
manufacturing based industry
Section
11(3Cha)
The rate of tax will be exempted by 40% on
income earned from construction and
operation of road, bridge, airport, tunnel
and from operating through investment in
tram, trolleybus.
The rate of tax will be exempted by 40% on
income earned from construction and
operation of road, bridge, airport, tunnel and
from operating through investment in tram,
trolleybus.
Following tax rebate shall be allowed to any
Entity earning income from following activity:
(Ka) Operated any trolley bus, or tram then
20%
(Kha) Operated any rope way, cable car,
railway, tunnel or sky bridge after
construction then 20% ; or
(Ga) Construction and Operation of Airport
then 40%
(Gha) Construction and operation of Road,
Bridge or Tunnel Way then 52%
(Nga) Investing and operating tram or trolley
bus then 52%
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 3
Section
11(3Tha)
No Provision Rebate of 20% shall be allowed on Tax on
taxable income in any income year of an entity
wholly engaged in the projects conducted by
any entity so as to build public infrastructure,
own, operate and transfer it to the GON and in
power generation, transmission, or
distribution.
Section
11(4)
While calculating the income by a person
under subsections (1), (2), Clauses (Ka) and
(Kha) of (3), (3Ka), (3Kha), (3Ga) and (3
Gha), Sub Section (13), (14) and (15) of
Section 1 of Schedule 1 and Sub Section
(2), (3), (3Ka) and (4) of Section 2 of
Schedule-1 shall calculate the income
assuming the only income derived by a
separate person.
While calculating the income by a person
operating transactions eligible for separate
benefit under subsections (1), (2), Clauses (Ka)
and (Kha) of (3), (3Ka), (3Kha), (3Ga) and (3
Gha), Sub Section (13) , (14) and (15) of
Section 1 of Schedule 1 and Sub Section (2),
(3), (3Ka) and (4) of Section 2 of Schedule -1
this section shall calculate the such income
assuming the income derived by a separate
person.
Section
47Ka(6)
Entity willing to get merged under Sub
Section (1) should submit expression of
interest to Inland Revenue Department
Within 2076 Ashad end.
Entity willing to get merged under Sub Section
(1) should submit expression of interest to Inland
Revenue Department Within 2076 2077 Ashad
end.
Section 47
Ka(7)
The entities submitting expression of
interest under Sub section(6) to get merged
under sub Section (1) should complete the
merger process within 2077 Ashad end.
The entities submitting expression of interest
under Sub section(6) to get merged under sub
Section (1) should complete the merger process
within 2077 2078 Ashad end.
Section
63(1)
In case where a resident person files an
application with the Department intending to
get approval for establishing a retirement fund,
the Department shall pronounce the approval as
prescribed.
Provided that, no approval shall be required for
a retirement fund established by Citizen
Investment Fund established under Citizen
Investment Trust Act, 2047 and by Provident
Fund established under Provident Fund Act,
2019.
In case where a resident person files an
application with the Department intending to get
approval for establishing a retirement fund, the
Department shall pronounce the approval as
prescribed.
Provided that, no approval shall be required for a
retirement fund established by Citizen Investment
Fund established under Citizen Investment Trust
Act, 2047, Retirement Fund operated by Social
Security Fund established under Contribution
Based Social Security Fund Act 2074, by
Employees Provident Fund established under
Employees Provident Fund Act, 2019 and
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© The Institute of Chartered Accountants of Nepal 4
retirement fund operated by Pension Fund
established under Pension Fund Act, 2075
Section
78(4Ka)
No Provision Person doing transaction after obtaining
Permanent Account Number as per Sub
Section (4) should update registration related
information in biometric procedure as
specified by the deparment within the
stipulated time.
Section
79(1)(Ka)
A document to be served on a person under
this Act shall be considered as sufficiently
served in the following circumstances :-
(Ka) sent to the electronic mail address or
transmitted on a fax of a person;
A document to be served on a person under this
Act shall be considered as sufficiently served in
the following circumstances:-
(Ka) sent to the tele fax, telex, electronic
mail address or related other
electronic medium of any person;
Section
79(3)
No Provision If any documents not served under Sub
Section (1) and (2) then information related to
such order can be telecast or published at
radio, television or any national newspaper in
the name of related person. In this case related
person shall be deemed to have received such
information.
Section
88(1)(5)(Kh
a)
Provided that, the tax shall be withheld at
the rate of 10% on payment made by a
resident person for rent having source in
Nepal.
But,
(Ka) Tax shall be withheld at the rate of
1.5% on payment made to person
registered in VAT and running
business of giving vehicles on
rent.
(Kha) Withholding Tax shall not be
deducted on amount received by
Natural person for house rent.
Provided that, the tax shall be withheld at the rate
of 10% on payment made by a resident person for
rent having source in Nepal.
But,
(Ka) Tax shall be withheld at the rate of 1.5%
on payment made to person registered in
VAT and running business of giving
vehicles on rent.
(Kha) Withholding Tax shall not be deducted on
amount received by Natural person for
house rent.
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© The Institute of Chartered Accountants of Nepal 5
No Provision
(Ga) No tax shall be deducted on incentive
provided as per Section 25(1Kha) of
VAT Act,2052 to consumer on
purchased goods or services by
making payment through electronic
medium as per prevailing laws
Section
90(4Ka)
Notwithstanding Sub Section (4), tax on
house rent income of natural person other
than in conducting a business shall be
required to pay within end of Ashad of
current year and person choosing to pay tax
on the basis of turnover as per Section
4(4Ka) shall deposit tax withheld by it
under Chapter 17 at time of making
payment of tax in installment.
Notwithstanding Sub Section (4), tax on house
rent income of natural person other than in
conducting a business shall be required to pay
within end of Ashad of current year and person
choosing to pay tax on the basis of turnover as
per Section 4(4Ka) shall deposit tax withheld by
it under Chapter 17 at time of making payment of
tax in installment.
Section
94(2)
Notwithstanding Subsection (1), where the
amount of total installments calculated
under Subsection (1) is less than Rs 5,000,
the amount of the installment shall not be
required to pay.
Notwithstanding Subsection (1), where the
amount of total installments calculated under
Subsection (1) is less than Rs 5,000 Rs. 7,500,
the amount of the installment shall not be
required to pay.
Section
95Ka(2)
(Ka)
Following advance tax will be recovered on
the gain calculated under section 37 in case
gain from disposal of interest in resident
entity by a person except by a resident
entity registered under prevailing law for
carrying out transactions of buying and
selling of securities.
Following advance tax will be recovered on the
gain calculated under section 37 in case gain from
disposal of interest in resident entity by a person
except by a resident entity registered under
prevailing law for carrying out transactions of
buying and selling of securities.
(Ka) In case of gain from disposal of
interest of an entity listed in Securities
Exchange Board of Nepal, by the entity of
which deals in securities exchange Market-
7.5% on the gain for a resident natural
person, 10% on the gain from resident
entity and 25% on the gain from others.
(Ka) In case of gain from disposal of interest of
an entity listed in Securities Exchange Board of
Nepal, by the entity of which deals in securities
exchange Market- 7.5% 5% on the gain for a
resident natural person, 10% on the gain from
resident entity and 25% on the gain from others.
Section
95Ka(2Ka)
No Provision At the time of computation of gain on disposal
of interest in an entity as per Sub Section (2)
(Ka), weighted average cost of interest held at
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© The Institute of Chartered Accountants of Nepal 6
that time of such entity shall be taken.
Section
95Ka(6)
In case of any persons other than specified
in Sec. 95Ka (5), Land Revenue Office
shall collect advance tax at 10% of gain on
disposal of land or building.
In case of any persons other than specified in Sec.
95Ka (5), Land Revenue Office shall collect
advance tax at 10% of gain on disposal of land
or building 1.5% on amount derived from
disposal at the time of registration.
Section
95Ka(7)
Where he-buffalo, buffalo, he-goat, boka,
sheep, chyangra falling in Part 1 of
Harmonized Code System; live, fresh or
frozen fish falling in Part 3 of HS System;
fresh flowers falling in Part 6 of HS
System; fresh vegetables, potato, onion
falling in Part 7 of HS System, and fresh
fruits falling in Part 8 of HS system are
imported for business purpose, the customs
office shall collect advance tax at the time
of release of goods @ 5% on customs value
determined such products
Where he-buffalo, buffalo, he-goat, boka, sheep,
chyangra falling in Part 1 of Harmonized Code
System; live, fresh or frozen fish falling in Part 3
of HS System; fresh flowers falling in Part 6 of
HS System; fresh vegetables, potato, onion, dry
vegetables, garlic, baby corn falling in Part 7 of
HS System, and fresh fruits falling in Part 8 of
HS system are imported for business purpose, the
customs office shall collect advance tax at the
time of release of goods @ 5% and meat falling
in Part 2, Milk Products, Egg, Honey falling in
Part 4, Finger Millet (Kodo), Buckwheat
(Fapar), Proso Millet (Junelo), Rice, Small
Rice Grains (Kanika) falling in Part 10, Flour,
ground cereal gains (Aata and Pitho) falling in
Part 11, Herbs, Sugarcane falling in Part 12,
Plant related production falling in Part 14 @
2.5% on customs value determined such products
Section
95Ka(10)
The advance tax amount collected or the
amount deemed to have collected under
sub-section (7) should be deposited in the
Department within the time period under
Sub-section (8) along with the return in
statement.
The advance tax amount collected or the amount
deemed to have collected under sub-section (7)
(8) should be deposited in the Department within
the time period under Sub-section (8) (9) along
with the return in statement.
Section
95Ka(11)(
Kha)
In the following conditions, both the person
collecting advance tax and the person from
whom it is to be recovered shall jointly and
separately be liable, for the payment of the
tax, to the Department:
(Ka) If the advance tax not collected by a
In the following conditions, both the person
collecting advance tax and the person from whom
it is to be recovered shall jointly and separately be
liable, for the payment of the tax, to the
Department:
(Ka) If the advance tax not collected by a
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© The Institute of Chartered Accountants of Nepal 7
person required to collect; and
(Kha) If the tax deemed to have collected
under sub section (7) not deposited
in the Department under Sub-
section (9),
person required to collect; and
(Kha) If the tax deemed to have collected under
sub section (7) (8) not deposited in the
Department under Sub-section (9) (10),
Section
95Ka(12)
The person requiring depositing advance
tax under Sub-section (10) should deposit
the tax within 25 days from the elapse of
the date mentioned in Sub -section (8).
The person requiring depositing advance tax
under Sub-section (10) (11) should deposit the tax
within 25 days from the elapse of the date
mentioned in Sub -section (8) (9).
Section
95Ka(13)
The advance tax amount can be recovered
from the person from whom it was required
to be collected in case the amount is
deposited into the Department under Sub-
section (9) by the person required to
recover the advance tax.
The advance tax amount can be recovered from
the person from whom it was required to be
collected in case the amount is deposited into the
Department under Sub-section (9) (10) by the
person required to recover the advance tax.
Section
96(6)
No Provision Any person desiring to revise income tax
return filed at department within the due date
may revise as per the procedure prescribed by
department within 30 days from the date of
submission of return.
Section
110Ga
No Provision If it is proved that person receiving return
from business is other than those person on
whose name business is registered then real
person receiving return shall be liable to pay
tax of such business.
Section
115(6)
Person submitting application as per Sub
Section (1) shall deposit whole amount of
undisputed tax and one-third of disputed tax
out of assessed tax.
Person submitting application as per Sub Section
(1) shall deposit whole amount of undisputed tax
and one-third fourth of disputed tax out of
assessed tax.
Section
115(8)
Where the Department fails to serve a person
with notice of the decision on an objection
within 60 days of an objection being filed as
per Sub Section (1), the person may, by notice
in writing filed with the Department, treat the
Department as having made a decision to
disallow the objection.
Where the Department fails to serve a person with
notice of the decision on an objection within 60 days
of an objection being filed as per Sub Section (1), the
person may, by notice in writing filed with the
Department, treat the Department as having made
a decision to disallow the objection then the
applicant may file an appeal at Revenue Tribunal
as per Section 116.
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Section
115(9)
A person shall be required to notify the
Department in writing of the matter of
having treated the objection as disallowed
under subsection (8).
The Department shall be treated as having
disallowed the objection and served the
person with notice to that effect on the day
that the notification is filed with the
Department.
A person shall be required to notify the
Department in writing of the matter of having
treated the objection as disallowed under
subsection (8).
The Department shall be treated as having
disallowed the objection and served the person
with notice to that effect on the day that the
notification is filed with the Department.
Person shall inform Department in writing
attaching a copy of appeal filed as per Sub
Section (8) within 15 Days of registration of
appeal.
Section 117
(1) (Ka)
If a person does not file the returns, the
following charges are imposed on those
persons:
(Ka) Per return 2,000 on not filing return
as per Section 95(1) in an income
year
If a person does not file the returns, the following
charges are imposed on those persons:
(Ka) Per return 2,000 5,000 or 0.01 % of
Assessable Income as per Income Tax
Return whichever is higher on not filing
return as per Section 95(1) in an income
year
Schedule 1
Section
1(1)
Subject to Sub Section (2) and (4), the taxable
income of a resident natural person for an
income-year is taxed at the following rates:
(Ka) taxable income from employment upto
Rs. 350,000 – 1%;
(Kha) taxable income in excess of Rs. 350000
but not exceeding Rs.45000-Rs.3500 as
per clause(Ka) for income upto
Rs.350000 and 10% of taxable income
in excess of Rs. 350000;
(Ga) taxable income in excess of Rs.450000-
Rs13,500 as per clause (Kha) for
income upto Rs.450,000 plus 20%
taxable income in excess of Rs.450000.
(Gha) if taxable income in excesss of
Rs.650,000-Rs.53,500 as per
clause(Ga) for income upto 650,000
Subject to Sub Section (2) and (4), the taxable income
of a resident natural person for an income-year is
taxed at the following rates:
(Ka) taxable income from employment upto Rs.
350,000 Rs. 400,000 – 1%;
(Kha) taxable income in excess of Rs. 350000 Rs.
400,000 but not exceeding Rs. 450000 Rs.
500,000 -Rs. 3500 Rs. 4,000 as per
clause(Ka) for income upto Rs. 350000 Rs.
400000 and 10% of taxable income in excess
of Rs. 350000 Rs. 400000;
(Ga) taxable income in excess of Rs.450000 Rs.
500,000 and up to Rs. 700,000- Rs13,500
Rs. 14,000 as per clause (Kha) for income
upto Rs.450,000 Rs. 500,000 plus 20%
taxable income in excess of Rs.450000 Rs.
500,000.
(Gha) if taxable income in excesss of Rs.650,000
Rs. 700,000 but up to Rs. 2,000,000-
Rs.53,500 Rs. 54,000 as per clause(Ga) for
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 9
plus 30% taxable income in excess of
Rs. 650,000.
(Nga) If taxable income in excess of 2 million
, additional tax at 20% shall be charged
on the tax rate as per clause (Gha)
For a taxpayer having registered sole
proprietorship firm and having income from
pension and amount contributed by natural
person on contribution based pension fund, 1%
tax under Clause (Ka) is not applied.
income upto 650,000 Rs. 700,000 plus 30%
taxable income in excess of Rs. 650,000 Rs.
700,000.
(Nga) If taxable income in excess of 2 million ,
additional tax at 20% shall be charged on the
tax rate as per clause (Gha)
For a taxpayer having registered sole proprietorship
firm and having income from pension and amount
contributed by natural person on contribution
based pension fund pension fund and income of
natural person contributing at contribution based
social security fund 1% tax under Clause (Ka) is not
applied.
Schedule 1
Section
1(2)
Subject to Sub Section (4), the taxable
income of a couple making an election
under section 50 for an income-year shall
be taxed at the following rates:
(Ka) taxable income from employment
upto Rs. 400,000 – 1%;
(Kha) taxable income in excess of
Rs.400000 but not exceeding
Rs.500000-Rs.4000 as per
clause(Ka) for income upto
Rs.400000 and 10% of taxable
income in excess of Rs. 400000;
(Ga) taxable income in excess of
Rs.500000-Rs.14000 as per clause
(kha) for income upto Rs.500000
plus 20% taxable income in excess
of Rs.500,000.
(Gha) if taxable income in excess of
Rs.700,000-Rs.54,000 as per
clause(Ga) for income upto 700,000
plus 30% taxable income in excess
of Rs. 700,000.
(Nga) If taxable income in excess of 2
million , additional tax at 20% shall be
charged on the tax rate as per clause (Gha)
Subject to Sub Section (4), the taxable income of
a couple making an election under section 50 for
an income-year shall be taxed at the following
rates:
(Ka) taxable income from employment upto
Rs. 400,000 Rs. 450,000 – 1%;
(Kha) taxable income in excess of Rs.400000
Rs.450,000 but not exceeding Rs.500000
Rs.5,50,000 - Rs.4000 Rs.4,500 as per
clause(Ka) for income upto Rs.400000
Rs.450,000 and 10% of taxable income in
excess of Rs. 400000 Rs. 4,50,000 ;
(Ga) taxable income in excess of Rs.500000
Rs.550,000- but not exceeding Rs.
750,000 Rs.14000 Rs.14,500 as per clause
(kha) for income upto Rs.500000
Rs.550,000 plus 20% taxable income in
excess of Rs.500000 Rs.550,000.
(Gha) if taxable income in excess of Rs.700,000
Rs.750,000 but not exceeding Rs. 2,000,000 -
Rs.54,000 Rs.54,500 as per clause(Ga) for
income upto Rs.700,000 Rs.750,000 plus 30%
taxable income in excess of Rs.700,000
Rs.750,000.
(Nga) If taxable income in excess of 2 million ,
additional tax at 20% shall be charged on
the tax rate as per clause (Gha)
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For a taxpayer having registered sole
proprietorship firm and having income from
pension and amount contributed by natural
person on contribution based pension fund,
1% tax under Clause (Ka) is not applied.
For a taxpayer having registered sole
proprietorship firm and having income from
pension and and income of natural person
contributing at contribution based pension fund
1% tax under Clause (Ka) is not applied.
Schedule 1
Section1
(4)
As per Sub section (4) od Section 1 of
Schedule 1, Subject to Sub section(3) the
following Natural Person Shall be taxed as
follows:
As per Sub section (4) od Section 1 of Schedule
1, Subject to Sub section(3) the following Natural
Person Shall be taxed as follows:
(Ka) the greater of the following amounts
shall be taxed at the rates specified in
Sub section(1) or(2) as though it were
the only taxable income of the Natural
Person or couple, as the case requires
;and
(Ka) the greater of the following amounts shall
be taxed at the rates specified in Sub
section(1) or(2) as though it were the
only taxable income of the Natural
Person or couple, as the case requires
;and
(1) the total of Natural person or couples
taxable income less the gains; or
(1) the total of Natural person or couples taxable
income less the gains; or
(2) Rs.350000, in the case of a Natural
person, or Rs.400000 in the case of a
couple,
(2) Rs.350000 Rs. 400,000 , in the case of a
Natural person, or Rs.4,00,000 Rs.4,50,000
in the case of a couple,
(Kha) the balance of the taxable income is
taxed at the rate of 10%.But,
(Kha) the balance of the taxable income is taxed
at the rate of 10%.But,
(1) Tax shall be levied at 2.5% if the
ownership is more than 5 years of the
Non Business Chargeable Asset-
NBCA (land and house and land)
disposed off.
(1) Tax shall be levied at 2.5% if the ownership
is more than 5 years of the Non Business
Chargeable Asset- NBCA (land and house
and land) disposed off.
(2) Tax shall be levied at 5% if the
ownership is less than 5years of the
NBCA (land and House and land)
disposed off.
(2) Tax shall be levied at 5% if the ownership is
less than 5years of the NBCA (land and
House and land) disposed off.
(3) Tax shall be levied at 5% 7. 5% on
the gain from disposal of an interest in
any entity listed in Securities Exchange
Board of Nepal.
(3) Tax shall be levied at 5% 7. 5% on the gain
from disposal of an interest in any entity
listed in Securities Exchange Board of
Nepal.
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© The Institute of Chartered Accountants of Nepal 11
Schedule 1
Section
1(7)
The amount of tax referred to in section
4(4) shall be-
(Ka) for Natural Persons conducting
business in the Metropolitan or
Sub-Metropolitan Cities - Rs 5000;
(Kha) for Natural Persons conducting
business in Municipalities - Rs
2,500; and
(Ga) for Natural Persons conducting
business anywhere else in Nepal –
Rs 1,500.
The amount of tax referred to in section 4(4) shall
be-
(Ka) for Natural Persons conducting business
in the Metropolitan or Sub-Metropolitan
Cities - Rs 5000 Rs. 7,500;
(Kha) for Natural Persons conducting business
in Municipalities - Rs 2,500 Rs. 4,000;
and
(Ga) for Natural Persons conducting business
other than mentioned in Clause (Ka) and
(Kha) – Rs 1,500 Rs. 2,500.
Schedule 1
Section
1(14)
Notwithstanding this section, tax shall be
calculated at the rate of 20% on the taxable
income instead of the 30% tax rate
applicable under this section, if a natural
person is wholly engaged in operating a
special industry referred to in Section 11 for
an income year.
Deleted
Schedule1
Section 1
(15)
While calculating tax on the taxable income
from export of a natural person in an
income year, 25% exemption will be
availed for income taxed at 20% and 50%
exemption will be availed for income taxed
at 30%
Deleted
Schedule1
Section 1
(17)
The amount of tax referred to in section
4(4Ka) shall be-
(Ka) for person conducting business of
gas and cigarette with upto 3%
commission or value addition:
0.25% of transaction;
(Kha) for person conducting business
The amount of tax referred to in section
4(4Ka) shall be For the purpose of
computation of tax as per Section 4(4Ka) on
the basis of turnover, transaction up to Rs.
2,000,000 shall be taxed as per Section 4(4) of
the Act and transaction in excess of it shall be
taxed at the following rate -
(Ka) for person conducting business of gas
and cigarette with upto 3% commission
or value addition: 0.25% of transaction;
(Kha) for person conducting business other than
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© The Institute of Chartered Accountants of Nepal 12
other than mentioned in Clause
(Ka): 0.75% of transaction;
(Ga) for person engaged in service
sector business: 2% of transaction.
However, if tax calculated under clause
(Ka), (Kha) and (Ga) is less than Rs. 5,000
then, Rs. 5,000
mentioned in Clause (Ka): 0.75% of
transaction;
(Ga) for person engaged in service sector
business: 2% of transaction.
However, if tax calculated under clause (Ka),
(Kha) and (Ga) is less than Rs. 5,000 then, Rs.
5,000
Schedule1
Section2(1)
Subject to sub Section (2), (3), (4), (5) and (7),
the taxable income of an entity for an income-
year is taxed at the rate of 25 percent.
Subject to sub Section (2), (3), (4), (5) and (7),
the taxable income of an entity for an income-
year is taxed at the rate of 25 percent.
Schedule1
Section2(3)
Income having a source in Nepal derived as
follows during an income-year by an entity
shall be taxed at the rate of 20 percent.
(Ka) an entity wholly engaged in
operating a special industry as
referred to in section 11 for the
year; or
(Kha) the entity has-
(1) Operated any road, bridge, tunnel,
rope-way, or flying bridge
constructed by the entity; or
(2) Operated any trolley bus, or tram, or
(3) Co-Operatives registered and
carrying out transaction under
Cooperative Act, 2048 except those
carrying out transaction with tax
exemption.
Income having a source in Nepal derived as
follows during an income-year by an entity
shall be taxed at the rate of 20 percent.
(Ka) an entity wholly engaged in operating a
special industry as referred to in section
11 for the year; or
(Kha) the entity has-
(1) Operated any road, bridge, tunnel,
rope-way, or flying bridge constructed
by the entity; or
(2) Operated any trolley bus, or tram, or
(3) Co-Operatives registered and carrying
out transaction under Cooperative Act,
2048 except those carrying out
transaction with tax exemption.
Co-Operatives registered and carrying out
transaction under Cooperative Act, 2074
except those carrying out transaction with tax
exemption shall be taxed at the rate of 20%.
But,
Following rebate shall be provided to
Cooperative as mentioned below doing
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 13
financial transaction:
(Ka) 75% of applicable tax rate if operated in
Municipality area
(Kha) 50% of applicable tax rate if operated in
Metropolitan or sub metropolitan area
Schedule1
Section2(3
Ka)
Tax will be levied at 20% on the taxable
income of an entity from export of having
source in Nepal.
DELETED
Schedule1
Section2(4)
The taxable income of an entity wholly
engaged in the projects conducted by any
entity so as to build public infrastructure,
own, operate and transfer it to the GON and
in power generation, transmission, or
distribution for an income-year shall be
taxed at the rate of 20 percent.
DELETED
Rule 29(3)
A person shall pay tax in accordance with
sub-Rule (1) in the following forms:
(Ka) if the payment is made to the
Department where the payment does
not exceed the limits for cash
payment prescribed by the
Department, in cash; or where the
payment exceeds the limits, by bank
cheques or bank draft; or
(Kha) If the payment is made to a bank
empowered to conduct Government
transactions, in cash, bank cheques
or bank draft.
A person shall pay tax in accordance with sub-
Rule (1) in the following forms:
(Ka) if the payment is made to the Department
where the payment does not exceed the
limits for cash payment prescribed by the
Department, in cash; or where the payment
exceeds the limits, by bank cheques or
bank draft; or
(Kha) If the payment is made to a bank
empowered to conduct Government
transactions, in cash, bank cheques or bank
draft.
But for doing government transaction if
payment is to be made through
authorized bank in excess of Rs. 10 Lakh
then payment should be made via
cheque, draft or electronic medium.
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 14
• VALUE ADDED TAX
Section/Rule Old Provision Amended Provision
Section 10(2) Any person engaged in transaction of
taxable goods and services shall apply in
the prescribed format within 30 days to a
tax officer from date of such taxability or
commencement of transaction:-
(Ka) Transaction by bricks production,
liquor distributor, wine shop,
software, trekking, rafting, ultra
light flight, paragliding, tourist
vehicle, crusher, sand mines,
business operations related to slate
and stone industry,
(kha) Where any person operates a
business of hardware, sanitary,
furniture, fixture, furnishing,
automobiles, motor parts,
electronics, marbles, education
consultancy, disco theque, health
club, massage therapy, beauty
parlour, catering services, party
palace business, parking service,
dry cleaners operated with
machinery, retaurant with bar, ice-
cream industry, colour lab,
boutique, tailoring business with
materials of suiting shirting,
supplying uniform to educational
institutions or health institutions or
other entities within metropolitan,
sub-metropolitan,municipality or
areas as designated by the
department.
Any person engaged in transaction of taxable
goods and services shall apply in the prescribed
format within 30 days to a tax officer from date
of such taxability or commencement of
transaction:-
(Ka) Transaction by bricks production, liquor
distributor, wine shop, software,
Liquor, Wine, Health Club, Disco
theque, Massage therapy, Motor Parts,
Electronic Software, Custom Agent,
Toy Business, Junk or Scrap Business,
trekking, rafting, ultra light flight,
paragliding, tourist vehicle, crusher, sand
mines, business operations related to slate
and stone industry,
(kha) Where any person operates a business of
hardware, sanitary, furniture, fixture,
furnishing, automobiles, motor parts,
electronics, marbles, education
consultancy, disco theque, health club,
massage therapy, beauty parlour,
Educational and Legal Consultancy
services, Accounting and Auditing
related services catering services, party
palace business, parking service, dry
cleaners operated with machinery,
retaurant with bar, ice-cream industry,
colour lab, boutique, tailoring business
with materials of suiting shirting,
supplying uniform to educational
institutions or health institutions or other
entities within metropolitan, sub-
metropolitan,municipality or areas as
designated by the department.
Section No provision Person registered as per this Act, should
update registration related information and
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 15
10Ga(1) documents in biometric registration procedure
as specified by the deparment within the
stipulated time.
Section 14(6) A provision will be made to recover the
tax at consumer’s level on the published
price by issuing invoice in prescribed
format while selling those goods by the
person under Sub Section (7) to non-
registrants.
Provided that the person not specified
under Sub Section (7) may voluntary
issue the invoice in the prescribed format
under this Sub Section.
A provision will be made to recover the tax at
consumer’s level on the published price by
issuing invoice in prescribed format while selling
those goods by the person under Sub Section (7)
(5) to non-registrants.
Provided that the person not specified under Sub
Section (7) (5) may voluntary issue the invoice in
the prescribed format under this Sub Section.
Section
19(7Ka)
No provision Notwithstanding Sub Section (7), tax in excess
of Rs. 1,000,000 shall only be paid through
cheque, draft or electronic medium.
Section 24(3) A registered person may file a claim to a
tax officer for a lump sum refund, as
prescribed, of the amount of the
remaining excess after offsetting for a
continuous period of six months under
this section.
A registered person may file a claim to a tax
officer for a lump sum refund, as prescribed, of
the amount of the remaining excess after
offsetting for a continuous period of six four
months under this section.
Section 25(1)
(Ka1)
No provision As per Sub Section (1) of Section 25, the
following amounts collected as tax shall be
refunded immediately, if the application for
refund is submitted within 3 years from the date
of the transaction on which the claim for refund is
based:
(Ka1) Tax paid by mission availing diplomatic
facility on purchase of taxable goods or
services within Nepal on the
recommendation of Nepal Government,
Foreign Ministry.
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© The Institute of Chartered Accountants of Nepal 16
Section
25(1Ka)
Notwithstanding Sub Section (1), no
refund of the tax paid will be made on
purchase of taxable goods or service for
less than Rs.5000 at a time by a diplomat
or diplomatic mission.
Notwithstanding Sub Section (1), no refund of the
tax paid will be made on purchase of taxable
goods or service for less than Rs.5000 Rs.10,000
at a time by a diplomat or diplomatic mission.
Section
25(1Kha)
No provision Any consumer at the time of purchasing goods
or services makes payment through electronic
medium as per prevailing laws then 10% of
tax payment shall be refunded as cash
incentive at bank account of consumer as per
the procedure specified by department.
Section
29(1)(Kha)
On infringement of Sub Section (5), (6) or
(7) of Section 10, Rs.1,000 for each time
of offence
On infringement of Sub Section (5) or (6) or (7)
of Section 10, Rs.1,000 for each time of offence,
Section
29(1)(Kha2)
No provision On infringement of Sub Section (7) of Section
10, Rs.10,000 for each time of offence
Section
29(1)(Ga)
On Infringement of Sub Sections (1) and
(4) of Section 14, Rs.5,000 for each time
and the chargeable tax,
On Infringement of Sub Sections (1) and (4) of
Section 14, Rs.5,000 for each time and the
chargeable tax,
On infringement of Section 14(1), not issuing
invoice Rs. 10,000 each time and not receiving
invoice Rs. 1,000 each time.
Section
29(1)(Ga1)
No provision On infringement of Section 14(4), Rs. 10,000
each time
Section
29(1Ga)
Fifty per cent of the bill amount shall be
levied to selling persons issuing bills
without transferring goods.
Fifty per cent of the bill amount penalty or
imprisonment up to 6 month or both shall be
levied to selling persons issuing bills without
transferring goods.
Section
31Ka(6)
The taxpayer applying under Sub Section
(1) should pay undisputed tax amount and
deposit cash in 1/3 of the disputed tax
amount out of the assessed tax amount.
The taxpayer applying under Sub Section (1)
should pay undisputed tax amount and deposit
cash in 1/3 1/4 of the disputed tax amount out of
the assessed tax amount.
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© The Institute of Chartered Accountants of Nepal 17
Schedule 1
Tax exempted
goods and
services:
Group 1
Basic
Agricultural
Products
11.03
Wheat or meslin flour (1103.11.00) Deleted
Schedule 1
Tax exempted
goods and
services:
Group 1
Basic
Agricultural
Products
Soyabadi Maseora
Deleted
Schedule 1
Tax exempted
goods and
services:
Group 9
Passenger
Carrying
Transport
And Freight
Services
Air transport, service from mechanical
bridge, public passenger transport (except
cable car), transport services (except
transport related to supply) and cargo
service for the purpose of export.
Air transport, service from mechanical bridge,
public passenger transport (except cable car),
transport services (except transport related to
supply) and cargo service for the purpose of
export.
Schedule 1
Tax exempted
goods and
services:
GROUP 11 :
OTHER
GOODS
AND
SERVICES
87.03
Three Wheeler vehicles (Auto Rickshaws
Bat_ tery opreated only Like SAFA
Tampoo (8703.80.10)
Deleted
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 18
Rule 6Ka(2) No Provision Government body, public institution or
registered person should acquire contract or
consultancy service for more than Rs. 5,00,000
in a year only from registered person.
Rule 6Ga No Provision Government body or organization wholly or
partly owned by Nepal Government at the
time of making payment against tender
agreement or contract for supply of goods or
service or goods and services to respective
contractor or supplier, should deposit 50% of
tax payable amount, in the name of contractor
or supplier at respective revenue code and pay
only balance amount of tax to them. Revenue
such deposited shall be informed to related
contractor or supplier and amount deposited
can be setoff with tax payable by related
contractor or supplier.
Rule 7Kha No Provision Registered person shall update its information
within 2077 Ashad end as per Section 10Ga of
the Act on Biometric Procedure.
Rule 41(1) For the purpose of Section 17 of the Act,
tax may not be deducted in respect of the
following goods or services:
(Ka) Beverages,
(Kha) Alcohol or alcohol mixed
beverages such as liquor and
beers;
(Ga) Light petroleum (Petrol) fuel for
vehicles,
(Gha) Entertainment expenses.
For the purpose of Section 17 of the Act, tax may
not be deducted in respect of the following goods
or services:
(Ka) Beverages,
(Kha) Alcohol or alcohol mixed beverages such
as liquor and beers;
(Ga) Light Petroleum Product (Petrol) fuel for
vehicles (Petrol, Diesel and L.P. Gas),
(Gha) Entertainment expenses.
Rule 45(1) When refunding the amount of tax for the
purpose of Sub-sec.(3) and (4) of Section
24 or Section 25 of the Act, the TO shall
immediately investigate the evidence
submitted by the Taxpayer for the refund
of tax and refund the tax within 30-days
When refunding the amount of tax for the
purpose of Sub-sec.(3) and (4) of Section 24 or
Section 25 of the Act, the TO shall immediately
investigate the evidence submitted by the
Taxpayer for the refund of tax and refund the tax
within 30 60 days with respect to Section 24(3)
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 19
of the date of registration of the claim.
– and within 30 days with respect to Section
24(4) and Section 25 of the date of registration of
the claim.
Rule 45(2Ka) No Provision For the purpose of refund, tax paid on goods or
services purchased from listed firm or company
(refund shop) by Diplomatic mission or diplomats
as per Section 25(1)(Ka) and (Ka1) can be
refunded within 30 days as per the procedure
prescribed by department.
Rule 58Ka The tax payer may take the service of the
tax facilitator for required information and
help in relation to tax.
Deleted
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 20
EXCISE ACT, 2058 & EXCISE (19TH
AMENDMENTS) RULES, 2076
SECTION/
RULES OLD PROVISION AMENDED PROVISION
Section
4Ga(2)(Kha)
If any diplomatic body (mission), project
or other body (governmental as well as
non-governmental organization) intends to
scrap and cancel the registration of any
motor vehicle that it has imported with the
enjoyment of the tariff facility and that is
more than Fifteen years old after the year
of initial production, with the approval of
the Ministry of Finance, the excise duty
shall not be levied on such a motor vehicle.
If any diplomatic body (mission), project
person or other body (governmental as well as
non-governmental organization) intends to
scrap and cancel the registration of any motor
vehicle that it has imported with the enjoyment
of the tariff facility and that is more than
Fifteen years old after the year of initial
production, with the approval of the Ministry
of Finance, the excise duty shall not be levied
on such a motor vehicle.
Section
9(6Ka)
No provision Licensed manufacturer or importer if fails to
renew within the time limit mentioned in Sub
Section (5) can renew within first 3 month
from the date of such expiry by paying 50% of
renewal fee and within three months after that
shall pay 100 % penalty.
But, Licensed manufacturer or importer who
had obtained licensed as per Section 9(3) and
not renewed its license as per Sub Section (5)
if desires to renew then by paying renewal fee
applicable for every year including 100% of
such fee as penalty can renew within 2076
poush end.
Section 19(5) The taxpayer who makes an application
pursuant to Sub-section (1) has to pay
undisputed amount of excise duty and
amount of fine, out of the amount of excise
duty assessed, and furnish a cash deposit of
One Third of the amount of excise duty in
controversy and amount of fine.
The taxpayer who makes an application
pursuant to Sub-section (1) has to pay
undisputed amount of excise duty and amount
of fine, out of the amount of excise duty
assessed, and furnish a cash deposit of One
Third Fourth of the amount of excise duty in
controversy and amount of fine.
Rule 34 Any licensee who produces rectified spirit
or ENA has to so set the recovery rate that
Any licensee who produces rectified spirit or
ENA has to so set the recovery rate that at least
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 21
at least 20 liter rectified spirit or 19 liter
ENA of a minimum 65 OP, 19
literanyhdorus ethanol of a minimum 72
OP has to be produced from a quintal of
molasses at the end of each month.
Minimum recovery rate of ENA is 95 liter
from rectified spirit per 100 liters.
Recovery level of 30.57 liters of ENA from
food grains per quintal of minimum 68.8
OP is fixed. In case of production from
others, it has to be as prescribed by the
Department.
Any licensee who has set the recovery rate
below this rate has to submit reasonable
and adequate reasons therefor to the
Department and obtain approval. In cases
where approval is not given by the
Department, the Office shall recover from
the licensee all the revenues chargeable on
the margin of quantity as per the maximum
rate on the liquors.
20 liter rectified spirit or 19 liter ENA of a
minimum 65 OP, 19 literanyhdorus ethanol of
a minimum 72 OP has to be produced from a
quintal of molasses at the end of each month.
Minimum recovery rate of ENA is 95 liter
from rectified spirit per 100 liters. Recovery
level of 30.57 42 liters of ENA from food
grains per quintal of minimum 68.8 OP is
fixed. Organizations producing wine from
fruits shall produce from per kg of fruits
wine of 2liter containing 12% portion of
alcohol or on basis of same percentage of
alcohol produce proportionate wine. In case
of production from others, it has to be as
prescribed by the Department.
Any licensee who has set the recovery rate
below this rate has to submit reasonable and
adequate reasons therefor to the Department
and obtain approval. In cases where approval
is not given by the Department, the Office
shall recover from the licensee all the revenues
chargeable on the margin of quantity as per the
maximum rate on the liquors.
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 22
CUSTOM ACT
Section/Rules Old Provision Amended Provision
11(2) The Government of Nepal may accord
the facility, as prescribed, to import
under the bank guarantee facility, in
accordance with the prescribed terms,
such raw materials or subsidiary raw
materials as to be imported by any
industry for the purpose of manufacturing
goods and export them or such goods as
are imported for the operation of a duty
free shop.
However, the industry which exports
liquor, cigarette or other tobacco
substance shall not get such facility.
The Government of Nepal may accord the
facility, as prescribed, to import under the
bank guarantee facility, in accordance with
the prescribed terms, such raw materials or
subsidiary raw materials as to be imported by
any industry for the purpose of manufacturing
goods and export them or such goods as are
imported for the operation of a duty free shop.
However, the industry which exports
liquor, cigarette or other tobacco substance
shall not get such facility.
12(1) The Government of Nepal shall accord
customs duty exemption and other
facility against bank guarantee to the
following goods to be exported and
imported by any industry situated in the
Special Economic Zone:
(Ka) Such raw materials, subsidiary raw
materials as required to
manufacture finished goods to be
exported, packing materials and
other materials to be used in
manufacturing,
(Kha)Plants, machineries, machines,
equipment, tools and spare parts as
required for the industry, and up to
three motor vehicles based on the
size and nature of industry
Special Economic Zone Authority on its
recommendation can provide following
benefits on goods imported by the industry
established in Special Economic Zone :
(Ka) Provide custom duty exemption by
levying 1% custom duty for one time
on 1 bus imported by the industry for
pickup and drop of its employees ,
labour and 2 transport vehicle for the
purpose of transportation of goods.
But, if such bus or transport vehicle
imported on custom duty exemption is
transferred or sold or through any
other way transfer of ownership then
full duty shall be payable as per the
prevailing laws.
(Kha) Equivalent bank guarantee instead of
custom duty or other duty to be paid
on import of required raw materials,
subsidiary raw materials (including
packing material) as required to
manufacture goods to be exported or
to be sold at exchangeable foreign
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 23
Explanation:
For the purposes of this Section, "Special
Economic Zone" means a zone specified
as a special economic zone by the
Government of Nepal through
notification in the Nepal Gazette.
currency within country.
(Ga) Equivalent bank guarantee instead of
custom duty or other duty to be paid
on import of plants, machineries,
machines, equipment, tools and spare
parts
Explanation:
For the purposes of this Section, "Special
Economic Zone" means a zone specified by
Nepal Government as per the prevailing
laws.
12(1Ka) No Provision Custom office shall release Bank Gurantee
on the written recommendation of Special
Economic Zone Authority after completion
of purpose for which bank guarantee has
been taken as per Sub Section 1(Kha) or
(Ga).
12(2) If any importer sells, as prescribed, any
goods which that importer has imported
to any industry situated in the special
economic zone and that importer has paid
the customs duty for importing such
goods, the Customs Office shall refund,
as prescribed, such customs duty to that
importer.
If any importer sells, as prescribed, any goods
which that importer has imported to any
industry situated established in the special
economic zone and that importer has paid the
customs duty for importing such goods, the
Customs Office shall refund, as prescribed,
such customs duty to that importer.
12(3) If any industry situated outside the
special economic zone sells any finished
goods manufactured by that industry to
any industry situated within the special
economic zone, such customs duty and
other facility as is accorded in the event
of export shall be accorded as if that sale
were an export.
If any industry situated established outside
the special economic zone sells any finished
goods manufactured by that industry to any
industry situated established within the
special economic zone, such customs duty
and other facility as is accorded in the event
of export shall be accorded as if that sale were
an export.
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 24
12(4) If an industry situated within the special
economic zone so sells any goods
manufactured from the raw materials
imported under the customs duty
exemption that such goods are consumed
in Nepal, such goods shall be allowed to
be taken out of the special economic zone
only after payment of duty chargeable on
the raw materials used in such goods.
If an industry situated established within the
special economic zone so sells any goods
manufactured from the raw materials
imported under the customs duty exemption
that such goods are consumed in Nepal, such
goods shall be allowed to be taken out of the
special economic zone only after payment of
duty chargeable on the raw materials used in
such goods.
12(6) No Provision Industry if wants to shift from special
economic zone to other than such zone then
respective authority shall provide approval of
shifting only if industry pays an amount of
exemption other than Value Added Tax
availed as per this section to the respective
Custom Office.
13(14) Notwithstanding anything contained
elsewhere in this Section, if the owner of
the goods imported under the Baggage
Order for personal purposes or the goods
received as a gift or specimen and
imported from a foreign country or relief
materials makes an application for the
valuation of such goods, showing the
reason for failure to indicate the
transaction value thereof and if the
Customs Officer considers the matter to
be appropriate or submitted without
indication of value, he or she may
determine a reasonable customs value of
such goods.
Notwithstanding anything contained
elsewhere in this Section, if the owner of the
goods imported under the Baggage Order
for personal purposes notice related to
goods that passenger can bring or take for
personal purpose or the goods received as a
gift or specimen and imported from a foreign
country or relief materials makes an
application for the valuation of such goods,
showing the reason for failure to indicate the
transaction value thereof and if the Customs
Officer considers the matter to be appropriate
or submitted without indication of value, he
or she may determine a reasonable customs
value of such goods.
32 After the clearance of goods by the
Customs Office, such goods may be kept
in the means of transport which is to be
used for transporting them, and the
Customs Office may seal such means of
transport.
After the clearance of goods by the Customs
Office, such goods may be kept in the means
of transport closed container which is to be
used for transporting them, and the Customs
Office may seal such means of transport
container.
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 25
34(3) If, upon audit made pursuant to sub-
section (1), it appears that less duty has
been recovered by the reason of
difference in sub-heading of commodity
classification, the concerned Customs
Office shall recover such shortfall
amount of duty and fine equivalent to
that of shortfall amount from the
importer.
If, upon audit made pursuant to sub-section
(1), it appears that less duty has been
recovered by the reason of difference in sub-
heading of commodity classification or due to
exemption of applicable duty, the concerned
Customs Office shall recover such shortfall
amount of duty and fine equivalent to that of
shortfall amount from the importer.
41(5) For reference purpose only
While taking bail for punishment
pursuant to sub-section (1), it shall be
taken by fifty rupees for one day of
imprisonment.
If any person produced pursuant to sub-
section (3) of Section 40 is found to be an
offender based on the evidence available for
the time being, the Customs Officer may
release such person on bail which includes the
amount for imprisonment and fine that can be
imposed on such person pursuant to this Act
and the amount equal to the amount in
controversy where such amount is also to be
recovered on the condition that such person
shall make presence at the prescribed place
and time.
While taking bail for punishment pursuant to
sub-section (1), it shall be taken by fifty three
hundred rupees for one day of imprisonment.
57(18) Notwithstanding anything contained in
this Act, the goods cleared under Section
20(20(Ka), (Kha) or (Ga), if during re-
checking by any authorized officer under
this Act, whether before taking the goods
by the importer or after taking out of the
Customs area, it is found that the goods
are different in name, nature, physical
specialty, qualitative characteristics,
measurement and quality than in the
declaration, amount equivalent to three
hundred percentage of the value of goods
in addition to the amount of fine and duty
under this section shall be collected and
Notwithstanding anything contained in this
Act, the goods cleared under Section
20(20(Ka), (Kha) or (Ga), if during re-
checking by any authorized officer under this
Act, whether before taking the goods by the
importer or after taking out of the Customs
area, it is found that the goods are different in
name, nature, physical specialty, qualitative
characteristics, measurement, and quality
and quantity than in the declaration, amount
equivalent to three hundred percentage of the
value of goods in addition to the amount of
fine and duty under this section shall be
collected and goods can be released, or charge
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 26
goods can be released, or charge two
hundred percentage of the value of the
goods and confiscate the goods.
two hundred percentage of the value of the
goods and confiscate the goods.
89Kha(6) No Provision Administration of export or import
identification number under this section
shall be done by prescribed entity
published in Nepal Gazette by Nepal
Government and until the publication of
such notice custom department shall
perform administrative work related to
such identification number.
89Gha No Provision (1) Notwithstanding anything contained
in applicable laws, custom officer if
after using its authorized password
takes print out of documents related
to clearance from the records
maintained at computer system shall
be deemed equivalent to as if it is
signed even if it is not signed by the
employee.
(2) By using authorized password
provided by the Custom Department
if takes print out of documents from
the records done through electronic
medium related to declaration of
goods, communication of information
or clearance maintained at computer
system shall be deemed equivalent to
as if it is signed even if it is not signed
by the related person.
91 If any person arrests any other person
while bringing goods through elsewhere
than the customs area by evading the
customs duty and produces such other
person for action under this Act, the
Director General or the official deputed
by him or her, and if such goods
produced to any customs office customs
officer concerned, shall have the power
to take action against such person.
(1) If any person arrests any other person
while bringing goods through
elsewhere than the customs area by
evading the customs duty and produces
such other person for action under this
Act, the Director General or the
official deputed by him or her, and if
such goods produced to any customs
office customs officer concerned, shall
have the power to take action against
such person.
(2) Notwithstanding anything contained in
this Act, Director General if received
Major amendments made by Finance Ordinance, 2076
© The Institute of Chartered Accountants of Nepal 27
any information or on suspicion related
any goods cleared from custom office
can order any officer to hold those
goods and submit report after essential
investigation.
(3) On the basis of report received as per
Sub Section (2), Director General may
take required action by using the
equivalent right under this act for
Custom Officer.