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Sales Tax Instructions

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<strong>Sales</strong> <strong>Tax</strong> <strong>Instructions</strong>, 2009<br />

<strong>Tax</strong>, Appellate Tribunal. (A new sub-section (6) added to section 46 of the<br />

Act).<br />

(viii) Recovery of arrears.--- Section 48 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 is being<br />

amended so as to enable the <strong>Sales</strong> <strong>Tax</strong> Officer to recover arrears by<br />

attachment and sale of any movable or immovable property of the<br />

guarantor, persons, company, bank or financial institutions if they fail<br />

to discharge their legal obligations. (A new clause (f) added to sub-section<br />

(1) of section 48 of the Act).<br />

3. The aforesaid amendments in the Act and the new measures may be perused<br />

carefully and CBR should be contacted immediately if any clarification is<br />

needed.<br />

[Issued by the CBR, Islamabad under the signature of Mr. Abdul Rashid Bajwa,<br />

Secretary (STB) addressed to all the Collectors of <strong>Sales</strong> <strong>Tax</strong>.]<br />

********<br />

C. NO.1/11-STT/97 DATED 18 TH JUNE, 1997<br />

SUBJECT:- EXEMPTION OF SALES TAX UNDER SRO 230(I)/97-<br />

CLARIFICATION REGARDING<br />

The undersigned is directed to refer to the subject cited above and to state that<br />

SRO. 230(I)/97, dated 29 th March, 1997, covers only ―machinery operated by power of<br />

any description, such as is used in any industrial process for the manufacture of goods‖.<br />

Apparatus and appliances including metering and testing apparatus and appliances<br />

specifically adapted for use in conjunction with the said machinery alongwith mechanical<br />

and electrical control and transmission gears and adapted for use in such machinery<br />

thereof are covered in the SRO.<br />

2. The most important factor is that only such machinery which is used in<br />

any industrial process for the manufacture of goods is eligible for exemption in terms of<br />

S. No.39 of the Sixth Schedule to the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 read with SRO. 230(I)/97,<br />

dated 29 th March, 1997. The meaning of the words ―machinery‖ has to be found in the<br />

said notification itself. Definitions as contained in other SROs or meanings of the word<br />

―plant and machinery‖ given in dictionaries/encyclopedias are not relevant having been<br />

so due to inconsistency with a specific definition assigned to these terms in SRO<br />

230(I)/97. That being so, diesel engines falling under PCT heading 84.08 of the First<br />

Schedule of the Customs Act, 1969, combined harvesters, alternators (A. C. generators),<br />

Generator Sets and Fork lift trucks are not covered under SRO 230(I)/97, dated 29 th<br />

March, 1997.<br />

[Issued by the C. B. R., Islamabad, under the signature of Mr. Nisar Muhammad,<br />

Secretary (STT), addressed to the Collector of <strong>Sales</strong> <strong>Tax</strong>, Lahore / Karachi (East/West); the<br />

Collector of Customs, Appraisement / Preventive / Port Qasim Export Karachi; the Collector of<br />

Customs, Lahore; the Collector of Customs, Central Excise & <strong>Sales</strong> <strong>Tax</strong>, Peshawar/ Rawalpindi/<br />

Gujranwala/Faisalabad/ Multan/ Hyderabad/Quetta; and the Additional Collector (Incharge),

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