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Sales Tax Instructions

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

C. NO. 1/1-ST-L&P/2001 DATED 19 TH OCTOBER, 2001<br />

SUBJECT:- UNLAWFUL REFUND CLAIMS BY SPINNERS AND<br />

EXPORTERS<br />

I am directed to refer to the subject noted above and to say that it has come to the<br />

notice of the Board that certain spinners and exporters are purchasing cotton from ginners<br />

without payment of sales tax under the Special Procedure for Ginning Industry Rules,<br />

1996, but are taking refunds of sales tax on the same. It has been reported that the refund<br />

sanctioning Collectorates do not respond positively expeditiously to requests by the<br />

Collectorate where ginner is located to recover the outstanding amounts from pending<br />

refund claims. In some cases, refund was paid despite reporting the fact of default, which<br />

is against the provisions of section 10(3) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990.<br />

2. In this context, you are requested to kindly inform the particulars of all<br />

cases where cotton was purchased under the Special Procedure for Ginning Industry<br />

Rules, 1996 but sales tax was not paid within the stipulated time. The statement should<br />

mention the names of the units involved (ginner and purchaser), date of supply/invoice,<br />

amount of sales tax involved whether the concerned Collectorate was informed and its<br />

response, besides any other relevant information. Refund sanctioning Collectorates<br />

should also inform action taken on requests for recovery from such units.<br />

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

Secretary (ST-L&P), addressed to the Collectors, Collectorates of <strong>Sales</strong> <strong>Tax</strong> & Central Excise,<br />

Karachi (West/West)/ Lahore/ Gujranwala/ Rawalpindi/ Peshawar, the Collector Collectorate of<br />

Customs, <strong>Sales</strong> <strong>Tax</strong> & Central Excise, Hyderabad/ Multan/ Quetta and the Collector, Collectorate<br />

of <strong>Sales</strong> <strong>Tax</strong>, Faisalabad.]<br />

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

C. NO. 2(77)STP/95 (VOL-II) DATED 20 TH OCTOBER, 2001<br />

SUBJECT:-<br />

INPUT (SALES TAX REFUND) ON DIESEL<br />

I am directed to refer to your letter No.PZ/GST/01/524, dated 30 th August, 2001<br />

on the subject cited above and to say that the question of allowing adjustment of input tax<br />

against diesel and generators has already been considered in the Board, and it was<br />

observed that adjustment was disallowed as a conscious decision by the Federal<br />

Government.<br />

2. The adjustment is not allowed on diesel due to the fact that it has<br />

multiple uses and can be consumed in vehicles and non-taxable activity. A copy of<br />

Board‘s letter of even number dated 04.10.2001 in this regard is enclosed.<br />

3. Originally, no input adjustment was admissible on any generator or<br />

generating set. However, on the persistent demand of trade bodies, the matter was

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