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Sales Tax Instructions

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

(ii) the amount of tax paid should be less than the actual tax due (iii) the<br />

miscalculation is not made for the first time. In the instant reference,<br />

these ingredients do not co-exist because due to miscalculation the<br />

amount of tax paid is not less than the actual tax due. These were rather<br />

returns containing the refund of input tax and the amount of refund<br />

claimed in the revised returns is less than that claimed in the original<br />

returns. So there is no loss of revenue to the Government and the penal<br />

provisions of section 33 are not attracted at all in the present case.<br />

Although there is no provision to file the revised returns but the mistakes<br />

in the calculation which is pointed out by the concerned person in good<br />

faith can be corrected and there is no specific bar in the <strong>Sales</strong> <strong>Tax</strong> Act in<br />

this respect. This Division concurs the viewpoint of the Collector of<br />

<strong>Sales</strong> <strong>Tax</strong> & Central Excise (West), Karachi‖.<br />

4. The above opinion of the Law and Justice Division is circulated only for<br />

guidance. This opinion will however, not in any manner whatsoever, confer any right on<br />

or be used as permission to any registered enrolled person to file revised return on his<br />

own to conceal deliberate or willful attempt or act to underpay the tax liability or claim<br />

refund of the tax amount in excess of what is due under the law or to reduce the amount<br />

of refund willfully claimed in excess. In such cases, the law will follow its own course as<br />

prescribed under the <strong>Sales</strong> <strong>Tax</strong> Act, 1990.<br />

[New provision for revised return added in Budget 2003-2004]<br />

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

addressed to all the Collectors of <strong>Sales</strong> <strong>Tax</strong> & Central Excise.]<br />

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

C. NO.4(47)STB/98(Pt-1) DATED 9 TH SEPTEMBER, 2000<br />

SUBJECT:-<br />

PURCHASE OF TAXABLE GOODS FROM REGISTERED<br />

PERSON AND AGAINST PRESCRIBED INVOICES<br />

I am directed to refer to your letter No. Poly./773/76-2000, dated 17.08.2000 on<br />

the subject cited above and to state that sales tax is chargeable on supply of goods. If a<br />

person supplies parts/articles in connection with completion of maintenance/repair work,<br />

then supply of these goods shall be charged to sales tax. While charging sales tax, value<br />

of service may be excluded from the total value of the contract/work order and rest of the<br />

value may be subjected to the levy of sales tax under section 3 of <strong>Sales</strong> <strong>Tax</strong> Act, 1990.<br />

[Issued by the C. B. R., Islamabad, under the signature of Mr. Abdul Razzaq, Secretary<br />

(STP), addressed to the Deputy Director, State Bank of Pakistan, Central Directorate, I. I.<br />

Chundrigar Road, Karachi.]<br />

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

C. NO.3(29)STP/2000 DATED 11 TH SEPTEMBER, 2000<br />

SUBJECT:-<br />

REPRESENTATION OF M/S. AFGHAN CARPET AGAINST<br />

DEMAND OF SALES TAX BY COLLECTOR OF SALES TAX<br />

(EAST), KARACHI.

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