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Sales Tax Instructions

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

SUBJECT:-<br />

1. NON-REGISTRATION AS IMPORTERS UNDER THE SALES<br />

TAX ACT, 1990 IN SWAT/PATA.<br />

2. WRIT PETITION NO. 121/2002 – M/S PATA PACKAGES VS<br />

CBR ETC.<br />

I am directed to refer to your letters No. PA/786/2001, dated 30.10.2001 and No.<br />

887-2002, dated 18.01.2002 on the subject cited above and say that the <strong>Sales</strong> <strong>Tax</strong> Act,<br />

1990 has not been extended so far to the Provincially Administered Tribal Areas (PATA).<br />

Therefore, the provisions of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 are not applicable on the supplies<br />

originating from and made within PATA.<br />

2. If person residing in tribal area makes taxable supplies in areas other than<br />

the tribal area or if as an importer he is engaged in sale/supply of taxable goods in<br />

Pakistan he is required to register in terms of section 14 ibid and pay sales tax thereon<br />

under the relevant legal provisions.<br />

3. This may please be noted that the mere fact that a person is a resident of<br />

the tribal area does not provide him an immunity from registration and other legal<br />

obligations.<br />

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

(ST-L&P), addressed to M/s PATA Packages, G.T. Road, Rahimabad, Mingora-Swat (NWFP).]<br />

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

SALES TAX RULING/INSTRUCTION No.14/2002<br />

C.NO. 3(2)STP/99(Pt-II) DATED 15 TH FEBRUARY, 2002<br />

SUBJECT:-<br />

CLARIFICATION REGARDING SALES TAX.<br />

I am directed to refer to your letter No. HAQ/CBR/ST/2001 dated 23.10.2001<br />

and to say that under sections 23 read with section 6(2) of <strong>Sales</strong> <strong>Tax</strong> Act, 1990, a<br />

registered person making taxable supplies is liable to issue tax invoices, charge sales tax<br />

from the buyer and deposit it in the treasury alongwith his sales tax return.<br />

2. If the hawkers and commission agents are merely providing services of<br />

selling the goods on behalf of M/s Singer Pakistan Ltd., on a wage or commission basis,<br />

the supplies will be deemed to be made by M/s Singer, provided the sales tax invoices are<br />

issued by M/s Singer Pakistan Ltd., and the amount so charged from the buyer is received<br />

by M/s Singer Pakistan Ltd. There is no restriction on such mode of sales under the sales<br />

tax law.<br />

3. On the other hand, if the goods are first acquired on payment by the<br />

hawker or agent and are then resold by him to the consumers, or if any invoice or cash<br />

memo is issued by the hawker/agent in his own name or if any payment is received in his

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