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Sales Tax Instructions

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

merely a ‗disguised security‘ against a lease contract, such transactions essentially fall in<br />

the category of ―financial services‖ which do not attract sales tax.<br />

4. It is therefore, clarified that sales tax is not chargeable on such<br />

transactions.<br />

[Issued by the CBR, Islamabad under the signature of Dr. Ashfaq Ahmed Tunio,<br />

Secretary (ST-L&P) addressed to all the Collectors of <strong>Sales</strong> <strong>Tax</strong>.]<br />

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

C.No.1(33)STP/93 DATED 26 TH FEBRUARY, 2001<br />

SUBJECT:- NON-COMPOUNDING OF ADDITIONAL TAX UNDER<br />

SECTION 34 – CLARIFICATION REGARDING.<br />

I am directed to refer to section 7 of <strong>Sales</strong> <strong>Tax</strong> (Amendment) Ordinance, 2001<br />

(VII of 2001) where under an explanation has been added to section 34 of the <strong>Sales</strong> <strong>Tax</strong><br />

Act, 1990 to the effect that for the purpose of the said section ―tax due‖ does not include<br />

the amount of penalty. It may be re-called that in the Finance Ordinance, 2000 not only<br />

the rate of additional tax was reduced from 5% to 1.5% of the tax due per month or any<br />

part thereof but also the rate was made simple (non-compound) by omitting the then<br />

existing explanation which included additional tax in the expression ―tax due‖ for the<br />

purpose of section 34.<br />

2. With the insertion of new explanation in section34 vide section 7 of the<br />

<strong>Sales</strong> <strong>Tax</strong> (Amendment) Ordinance, 2001, an apprehension has been expressed by some<br />

quarters that this new explanation may not mislead the <strong>Sales</strong> <strong>Tax</strong> staff to work out the<br />

amount of additional tax again on compound basis.<br />

3. The issue has been examined in the Board and it is observed that under<br />

section 2(34) only the expression ―tax‖ has been defined, while expression ―tax due‖ has<br />

not been defined anywhere in the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. The expression ―tax due‖ read<br />

with sections 11(2) and 26(1) shows that the expression ―tax due‖ means the amount of

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