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Sales Tax Instructions

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

contending that quantity of edible oils imported and subsequently cleared from port areas<br />

is less by upto 1% because of ship shortages and it is this short quantity, which actually<br />

reaches their manufacturing units. However, Revenue Audit has raised an objection on<br />

the input adjustment being claimed by the Vegetable Ghee/Cooking Oil Units on total<br />

quantity of edible oil actually indented and imported; Audit insists that input adjustment<br />

should be claimed only on the quantity which actually reaches the Ghee manufacturing<br />

units. As a result of this stance, M/s Pakistan Vanaspati Manufacturer‘s Association<br />

(PVMA) fear that there is every possibility that unjustified recovery/contravention cases<br />

will be made against the manufacturers of Vegetable Ghee/Cooking Oil Units.<br />

2. The issue has been examined and Collectors are advised to take the<br />

following steps in this regard:<br />

(i)<br />

(ii)<br />

allow input adjustment of the amount of sales tax paid at import stage;<br />

and<br />

accept the quantity of imported oil as per short shipment/short landing<br />

certificate issued by Customs Authorities, which shall also be got reverified<br />

from the issuing Collectorate on a monthly basis.<br />

3. This may also be conveyed to DRRA/Auditors and comments, if any,<br />

may be communicated to the Board for further consideration, if required.<br />

[Issued by CBR, Islamabad under the signature of Dr. Fareed Iqbal Qureshi, Secretary<br />

(STB), addressed to all the Collectors of <strong>Sales</strong> <strong>Tax</strong>.]<br />

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

SALES TAX RULING/INSTRUCTION No.5/2002<br />

C.No.1/57-STT/97 DATED 19 TH JANUARY, 2002<br />

SUBJECT:- CLARIFICATION REGARDING SALES TAX ON THE<br />

FERTILIZER (DAP).<br />

I am directed to refer to your letter No.AGAR/786/1515/2001, dated 31 st<br />

December, 2001 on the above subject and to reply to your queries as follows:-<br />

i) All importers are required to pay sales tax on the import as well as local<br />

supplies of fertilizers. There is no exemption of sales tax on supplies of<br />

fertilizer made in Pakistan by an importer. Importers may however claim<br />

adjustment of input tax of the sales tax paid on import stage as per law.<br />

ii) Importers are required to issue sales tax invoices under section 23 of the<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1990 on all supplies of fertilizer made in Pakistan,<br />

charging sales tax @ 15%, in terms of sub-sections (1) of section 3 of the<br />

said Act. Further tax has been exempted on supplies of fertilizers vide<br />

SRO 205(I)/2001, dated 2 nd April, 2001 and SRO 663(I)/2001, dated 24 th<br />

September, 2001 (copies enclosed).<br />

2. A copy of Board‘s earlier clarification C.No. 1/57-STT/97-Pt dated<br />

14.11.2001 is also enclosed for information.

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