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Sales Tax Instructions

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

and word ‗tax invoice‘ may be omitted from the said section since it has no nexus with<br />

the attestation of invoice asked for by the registered person.<br />

2. As directed by M(ST) comments were sought from other Collectors.<br />

Summary of the comments is as follows:-<br />

Collecto<br />

rate<br />

Lahore<br />

Karachi<br />

(East),<br />

Guj,Mult<br />

Rwp,Hyd<br />

Quetta<br />

Comments<br />

The <strong>Sales</strong> <strong>Tax</strong> Act does not authorize the department to authenticate, verify,<br />

attest duplicates/photo copies of misplaced invoices which have been issued<br />

by the registered taxpayers. It is proposed that the word ‗tax invoice‘<br />

appearing in section 69 may be got omitted.<br />

Agree with Collector Lahore.<br />

Peshawar <strong>Tax</strong> invoice once issued under section 23 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990,<br />

becomes a legal document irrespective of the fact that it is retained by the<br />

registered person on behalf of the Federal Government. Therefore, issuance<br />

of duplicate attested copy thereof to the concerned registered person under<br />

section 69 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, has no harm provided the<br />

Collectorates having jurisdiction over the supplier and buyer are informed<br />

in advance.<br />

Faisalaba<br />

d<br />

Karachi<br />

(West)<br />

Though sales tax invoices issued by the registered persons are not a<br />

document originating from the department but the same is prescribed under<br />

section 23 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. There may arise a situation where<br />

sales tax invoice received alongwith taxable supply by a registered recipient<br />

is lost, misplaced or destroyed and he is unable to claim refund/adjustment<br />

on the account. To cover such a situation, section 69 of the <strong>Sales</strong> <strong>Tax</strong> Act,<br />

1990, authorize the department to issue duplicate documents on payment of<br />

prescribed fee.<br />

The prevailing practice to verify/attest the <strong>Sales</strong> <strong>Tax</strong> documents (<strong>Sales</strong> <strong>Tax</strong><br />

Invoice/Monthly Return) is being carried under the cover of Section 69 of<br />

the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 and in this connection to give more authenticity to<br />

the Applicant‘s request he is to provide Police Report (FIR) in case the<br />

document is reportedly lost/misplaced and present all the <strong>Sales</strong> <strong>Tax</strong> record<br />

to verify the authenticity of the document to be attested. Nevertheless, the<br />

untoward anomaly cannot be ignored as the department does not keep any<br />

record of the documents used by the registered persons. Therefore,<br />

viewpoint of Lahore Collectorate is quite justified for consideration.<br />

3. On consideration of all the above view points, the undersigned is of the<br />

view that section 69 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 clearly allows certificate or duplicate of a<br />

tax invoice on payment of a fee of ten rupees, be furnished to the registered person<br />

applying for the same. The version of the Collector, Lahore, that tax invoice, a document

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