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Sales Tax Instructions

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

However giving clarification in respect of Item No.44 of the sixth schedule regarding exemption<br />

from sales tax, vide SRO 582(I)/98, dated 12.01.1998 ―Wires and Cables‖ have been specifically<br />

excluded from the benefits of item 44 of the sixth schedule. The specific exclusion of Wires and<br />

Cables for concession under item 44 of the sixth schedule confirms that the authorities regard<br />

―Wires and Cables‖ as ―Equipment and Machinery‖ but does not allow concession under item 44<br />

of the sixth schedule. The clarification is therefore restricted for the purpose of item 44 of the sixth<br />

schedule only but does not exclude ―Wires and cables‖ to be ―Equipment or Machinery‖.<br />

There are no exclusion attached to Serial No.1(vi) of the fifth schedule which reads:<br />

―Supply of equipment and machinery for other services provided for handling of Ships or Aircraft<br />

in a Port or Customs Airport.‖<br />

We shall be obliged if you would kindly advise whether Electric Wires and Cables (which fell<br />

under Chapter 85 of the Pakistan Custom Tariff titled ―Electrical Machinery and Equipment‖)<br />

shall be zero rated under item 1(vi) of the fifth schedule if supplied for other services provided for<br />

handling of Ship or Aircraft in a Port or Customs Airport.<br />

Thanking you,<br />

Yours faithfully,<br />

For Newage Cables (Pvt.)Ltd.(M. Azam), Director.<br />

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

SL. NO.39 OF 6 TH SCHEDULE OF SALES TAX ACT, 1990<br />

SRO230(I)/97, DATED 29.03.1997<br />

The subject noted products have been exempted from <strong>Sales</strong> <strong>Tax</strong> since 1951, by various<br />

notifications and clarification issued by Central Board of Revenue, time and again.<br />

SR. NOTIFICATION<br />

REMARKS<br />

NO. /CLARIFICATION<br />

1. SRO 230(I)/97,<br />

dated 29.03.97.<br />

2. CBR‘s Clarification<br />

C. No.16(42)/ST/80,<br />

dated 04.11.1990.<br />

3. CBR‘s Clarification<br />

No.3(8)-<br />

C.E.Board/82, dated<br />

06.11.1991.<br />

4. SRO 697(I)/77,<br />

dated 04.08.1977<br />

5. SRO prior to SRO<br />

697(I)/77, dated<br />

04.08.1977<br />

Definition of ―Plant, Machinery and Equipment‖, which has been<br />

placed as item 39 in the sixth schedule has been given. The<br />

definition is substantially the same as given in various previous<br />

<strong>Sales</strong> <strong>Tax</strong> exemption notification and clarification. The subject<br />

products fall in this definition. Accordingly the clarifications<br />

issued in the past for the subject items hold good for this SRO<br />

also.<br />

Board has clarified that ―Wires and Cables‖ shall be covered by<br />

the words ―Machinery and Equipment‖ used in <strong>Sales</strong> <strong>Tax</strong> /<br />

Exemption Notification No.597(I)/90, dated 07.06.90.<br />

Board has clarified that ―Wires & Cables‖ shall be covered by the<br />

words ―Machinery and Equipment‖ used in SRO 798(I)/90, dated<br />

30.07.1990. The definition of machinery in SRO 798(I)/90, dated<br />

30.07.1990 is the same as Sr. No.(1) above.<br />

This SRO also exempted ―Machinery and Equipment‖, the<br />

definition of which as given in this SRO was the same as against<br />

serial No.1. In addition the SRO contained a table of PCT<br />

headings for the purpose of exemption under this SRO. All the<br />

subject PCT Headings were included in the table and as such<br />

these items were treated as machinery and equipment and<br />

remained exempt. The SRO remained operative from 04.08.1977<br />

to 07.06.1990.<br />

All the prior SRO‘s beginning from SRO 3 ST. dated 13.03.54<br />

were identical to SRO at Sr. No.4 and granted exemption from<br />

<strong>Sales</strong> <strong>Tax</strong> on subject items.The SROs were:

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