06.03.2018 Views

Sales Tax Instructions

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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

adjustment or deduction, or refund, repayment of drawback or zero-rating etc. of tax<br />

under this Act.‖<br />

Section 73 is applicable on transactions which is exceeding Rs.50,000/- and against which<br />

payment is made and does not apply on credit transactions.<br />

These clarifications are also based on the decisions of Honourable Courts:<br />

(a) High Court vide it W.P. No. 20602 of 1999 dated 16-11-1999 has declared rules<br />

5 & 6 of the Special Procedure for Ginning Industry Rules, 1996 as ultra vires.<br />

The objective of the WRIT as per para 5 of the decision was to resolve the<br />

dispute on the question as to whether the respondents can ask the recipients of<br />

taxable supply to collect & pay the <strong>Sales</strong> <strong>Tax</strong>.<br />

(b)<br />

Supreme Court Civil Appeals Nos. 1094 to 1303 and 1328 to<br />

1343 of 2000 has also declared the rule to be inapplicable.<br />

It is further mentioned here that this Collectorate started the practice of checking<br />

the payment proofs at the time of sanctioning of deferred amounts on the<br />

telephonic clarification of Chief <strong>Sales</strong> <strong>Tax</strong> dated 25.01.2001.<br />

It is, therefore, requested that views on the above said matter be forwarded at the<br />

earliest.<br />

[Issued by the Collectorate of <strong>Sales</strong> <strong>Tax</strong> & Central Excise, Lahore, under the signature of<br />

Mr. Umar Farooq, Collector, addressed to Dr.Ashfaq Ahmed Tunio, Secretary (STP), Central<br />

Board of Revenue, Islamabad.]<br />

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

C. NO. 1(230)STJ/98 DATED 20 TH MARCH, 2001<br />

SUBJECT:-<br />

COMPILATION OF AUTHENTIC ARREARS STATEMENT<br />

REGARDING SALES TAX.<br />

I am directed to refer to the subject cited above and to say that almost two<br />

months have elapsed since the details of the top 10 sales tax defaulters‘ cases were<br />

received from you. Board has examined details of these cases and observed that special<br />

efforts are required to be made at your personal level to pursue recovery in these cases<br />

vigorously. While Board will shortly convey its decisions in the cases where Board has<br />

granted stay, you may take the following measures immediately in other cases:<br />

(i)<br />

In case where six months period has expired since the stay was granted<br />

by the Court or Tribunal, you may file application in the Court/Tribunal<br />

for grant of NOC for recovery (a special officer to be deputed for this<br />

task).

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!