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Sales Tax Instructions

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(iii)<br />

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

charged on their tax purchase invoices under the federal or provincial<br />

sales tax enactments.<br />

Since the levy on ‗telecommunication services‘ is of central excise duty,<br />

the same cannot be treated as adjustable against the sales tax liability by<br />

holders of invoices issued by the providers of telecommunication<br />

services.<br />

4. It is also clarified that the legal position regarding central excise duty on<br />

travel by air, travel by air-conditioned class in railway and movement of goods by air is<br />

exactly the same as has been clarified in para 3.<br />

5. The information gathered from various segments has revealed that the<br />

providers of telecommunication services have been obtaining adjustment of sales tax paid<br />

on their purchases while on the other hand the holders of invoices issued by providers of<br />

excisable telecommunication services were generally not deducting the central excise<br />

duty paid on such services from their sales tax liability (this aspect needs to be verified).<br />

6. It is, therefore, advised that the mistake of obtaining of input credit may<br />

be reversed abo-initio. Resultantly, the amounts of input credit of sales tax adjusted<br />

against central excise liabilities since the budget 2000-01 till-date is recoverable. Such<br />

amounts may be got deposited back with the government through a separate sales tax<br />

return covering only this amount. Since the mistake was a bonafide error, no additional<br />

tax or penalties will be applicable if the due amounts are repaid before 30 th June, 2001.<br />

Specific cases may be sent to the Board for formal orders of waiver of additional tax and<br />

penalties.<br />

[Issued by the CBR, Islamabad under the signature of Mr. Iftikhar Qutab, Chief (ST-II)<br />

addressed to all the Collectors of <strong>Sales</strong> <strong>Tax</strong>. Copy endorsed to M/s<br />

PTCL/Paktel/Mobilink/Instaphone with request to kindly note the contents of this letter and take<br />

action as per para-6 and it is also informed that the government has decided that the providers of

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