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Sales Tax Instructions

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

SUBJECT:-<br />

TREATMENT OF SALES TAX DEFAULTERS.<br />

I am directed to refer to your letter No.1/1/Add.Coll/Misc/ Corr/W/Vol-III/98,<br />

dated 15.7.98 on the above subject and to say that section 48 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990<br />

is the substantive law and the <strong>Sales</strong> <strong>Tax</strong> Recovery Rules, 1992 do not over-ride any<br />

provisions of the said section or any other section of the Act. Attention is also invited to<br />

section 37C(1)(a) of the Act which lays down that where a person does not pay the<br />

amount of tax due in time and manner specified for its payment and even fails to pay<br />

after the expiry of a period of 60 days of issuance of notice for such payment by a <strong>Sales</strong><br />

<strong>Tax</strong> Officer, he shall be liable to prosecution action leading to punishment for a term<br />

which may extend to 3 years or with fine which may extend to amount equal to the<br />

amount of tax involved, or with both.<br />

2. It is advised that the Collectorate may take action against the registered<br />

persons failing to pay the amount of tax due in the time and manner as specified after<br />

giving due notice as required under section 37C(1)(a) of the Act. This prosecution action<br />

can be taken without prejudice to action for recovery of arrears under section 48 of the<br />

Act or under the <strong>Sales</strong> <strong>Tax</strong> Recovery Rules, 1992. A format of the notice under section<br />

37C(1)(a) is also enclosed for further necessary action. FIR/Challan should be filed soon<br />

after the expiry of notice period if dues are not yet recovered.<br />

[Issued by the CBR, Islamabad under the signature of Mr. Akhtar Ali, Secretary (STP)<br />

addressed to Collector of <strong>Sales</strong> <strong>Tax</strong> (West) Karachi. Copy endorsed to all the Collectors of <strong>Sales</strong><br />

<strong>Tax</strong> alongwith a copy of letter under reference and to S(ST.Ed.),CBR .]<br />

ENCLOSURE<br />

SUBJECT:- NOTICE UNDER SECTION 37C OF THE SALES TAX ACT, 1990.<br />

Whereas a sum of Rs._______________ (The demanded amount of tax will be further<br />

adjusted by calculating Additional <strong>Tax</strong> upto the date of actual payment), as Government dues on<br />

account of sales tax is recoverable from you M/s _______________ and whereas you have failed<br />

to pay the said amount.<br />

2. Now therefore, you M/s _______________________ are served with a notice in terms of<br />

Clause (a) of Sub-section (1) of Section 37C of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 and directed to pay the<br />

said outstanding amount within 60 days of the issuance of this notice.<br />

3. In case you M/s ____________________ fail to deposit the said outstanding dues within<br />

the above stipulated period, action under section 37C(1)(a) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 will be<br />

taken without any further notice.<br />

Assistant Collector, (Collection & Enforcement)<br />

Collectorate of <strong>Sales</strong> <strong>Tax</strong><br />

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

<strong>Sales</strong> <strong>Tax</strong> General Order No.3/1998 DATED 31 ST JULY, 1998<br />

SUBJECT:-<br />

SALES TAX REGISTRATION OF IMPORTERS.<br />

<strong>Sales</strong> tax registration of importer is a requirement under the Sale <strong>Tax</strong> Act, 1990.<br />

For a correct implementation of the said requirement, the following procedure is<br />

prescribed:--

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