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Sales Tax Instructions

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

had been levied as final discharge of liability, the word Commercial Importer has not<br />

been defined anywhere in the Ac therefore, this aspect Clarification viz. that is a<br />

Commercial Importer and are they at all required to opt for registration.<br />

(3) That from what we decipher the Commercial Importer is a person who is importing<br />

goods from abroad and the moment the goods land at the Pakistan ports they are fully<br />

documented and subjected to the <strong>Sales</strong> tax at source. Thus, asking the Commercial<br />

Importer to go in for this registration is totally absurd as the Bill of Entry is already<br />

with the concerned authorities and this denovo exercise is nothing but subjecting the<br />

Commercial Importers to the same exercise again. Thus, invoking the principle of<br />

double jeopardy.<br />

(4) That from wording used and definition described in the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. The<br />

retailer is a person supplying goods to the general public for the purposes of<br />

consumption, in the instant case the Commercial Importers are not supplying any<br />

goods to the general public thus, they do not fall within the purview or definition of<br />

this SRO and as such are not obliged to go in for voluntary registration or the payment<br />

of this tax.<br />

(5) That General <strong>Sales</strong> <strong>Tax</strong> has not been defined anywhere n this SRO there is also over<br />

lapping inter se General <strong>Sales</strong> <strong>Tax</strong> and Value Added <strong>Tax</strong>. This is also compounding<br />

the problem resultantly it has created a lot of problems for the general public<br />

especially the importers of Auto Parts. Bearing and Tyres. Even in the case of<br />

industrial; concerns the <strong>Tax</strong> under this head is ultimately paid by the consumer be it a<br />

sub dealer or retailer or any other person, likewise form he wording of this SRO the<br />

Commercial Importer is being treated at par with an industrial concern, as such this<br />

<strong>Tax</strong> can ultimately be received from the consumer and not from the Commercial<br />

Importers.<br />

(6) That this <strong>Tax</strong> can either the recovered by the system of cascading or by the system of<br />

pyramiding. The Indian <strong>Tax</strong> System and world wised recovery would show that the<br />

pyramiding is easier and effective and it is also helpful in recovering the revenue<br />

easily, whereas the cascading system is very difficult it impalement, it has inherent<br />

faults and many loop holes, as such it is advisable that the pyramiding system is opted<br />

and for that the ultimate tax would be paid by the importer. The commercial importers<br />

should not be brought under this purview as their imports are fully documented and<br />

they are only acting a middleman neither are they procedure nor the consumer and<br />

have liquidated the liability at source, we think that the most effective system is<br />

provided under section 143-B, of the Income <strong>Tax</strong> Ordinance.<br />

Therefore, we request you to please consider these proposal / questions and give us a<br />

reply so that confusion at our end is settled.<br />

Yours faithfully,<br />

(AMJAD WAZIR)<br />

SENIOR VICE CHAIRMAN (CENTRAL)PASPIDA<br />

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

C.No.13(4)M(TP)/98 DATED 10 th SEPTEMBER, 1998<br />

SUBJECT:-<br />

GENERAL SALES TAX ON SUPPLIES OF STORES.<br />

I am directed to refer to your letter dated 11.8.1998 on the above subject and to<br />

say that a person supplying taxable goods to persons deducting advance tax under sub-

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