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Sales Tax Instructions

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

I am directed refer to your letter No. 5(1)/STW/Tech/98/2941, dated 09.09.1998<br />

on the subject cited above and to say that vide entry at serial No. 4 of the fifth schedule to<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1990, supplies against international tenders are to be charged to sales tax<br />

of zero percent in terms of section 4 thereof.<br />

2. However, M/s Johnson and Phillips (Pakistan) Limited are required to<br />

pay sales tax on import of the raw materials for the manufacture of goods (subsequently<br />

to be supplied against international tender). If such goods were allowed to be imported<br />

tax free, this will negate the very concept of zero-rating in a VAT system. Such customs<br />

and central excise types of duty-free clearances are not in line with the VAT- mode of ST<br />

system.<br />

3. In view of the forgoing, CBR does not endorse your recommendation in<br />

the matter. You are, however, advised to be ensured that there is no delay in payment of<br />

zero-rated refund claims on merits, on supplies made by M/s. JOHNSON & PHILLIPS<br />

against international tenders.<br />

[Issued by the C.B.R. Islamabad under the Signature of Mr.Muhammad Tahir secretary<br />

(STP), addressed to The Collector of <strong>Sales</strong> <strong>Tax</strong> (West). street No. 18/A, Block-6 Gulshan-e-Iqbal.<br />

NIPA Chowrangi University Kar achi.]<br />

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

C.No.3(28)STP/98 DATED 28 TH SEPTEMBER, 1998<br />

SUBJECT:-<br />

VOLUNTARY REGISTRATION UNDER SECTION 18 OF THE<br />

SALES TAX ACT, 1990 – LEVY OF 1% FURTHER TAX UNDER<br />

SECTION 3(1A) THEREOF.<br />

Eversince the imposition of 1% further tax under section 3(1A) of the <strong>Sales</strong> <strong>Tax</strong><br />

Act, 1990, units, not otherwise liable to registration, have started submitting applications<br />

for voluntary registration under section 18 thereof to save themselves from the levy of<br />

1% further tax.<br />

2. Section 18(1) prescribes for voluntary registration at the option of a<br />

person who makes or intends to make taxable supplies but is not required to be registered.<br />

The requirement for registration is given in section 14. ―<strong>Tax</strong>able supply‖ is defined in<br />

section 2(41) as ―other than a supply of goods which is exempt under section 13‖.<br />

3. A question has arisen whether:-<br />

(a)<br />

(b)<br />

Person making supply of goods exempt under section 13 are entitled to<br />

voluntary registration under section 18(1); and<br />

on such voluntary registration, they have to fulfill all duties and<br />

responsibilities (e.g. filing of returns, etc) as is assigned to a ―registered<br />

person‖ under the Act and also to avail of the benefits (e.g. non-payment

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