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Sales Tax Instructions

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

The above audits relate to an approval under DTRE and in many instances there<br />

is more than one approval for the Registered Person. Please, wherever, possible group all<br />

the approvals of the RP and do one audit for the R.P.<br />

2. The routine audit of <strong>Sales</strong> <strong>Tax</strong> may also (if not carried out) be grouped<br />

together and RP be visited for all this in one go.<br />

3. I have requested to the Director DSAO to prepare a ―Checklist‖ for the<br />

DTRE Audit, which should be completed for all DTRE Audits after it is made available.<br />

Thanking you,<br />

[Issued by the C.B.R., Islamabad, under the signature of Syed Perwaiz Amjad, Member<br />

(Audit), addressed to the Collector of <strong>Sales</strong> <strong>Tax</strong>, Peshawar/ Rawalpindi/ Gujranwala/ Lahore/<br />

Multan/ Faisalababd/ Quetta/ Hyderabad/ Karachi (East) Karachi (West), LTU, Karachi. Copy to<br />

the Member (<strong>Sales</strong> <strong>Tax</strong>), Chief (<strong>Sales</strong> <strong>Tax</strong>), the Director (D. S. A. O) and the Secretary (STAS).]<br />

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

SALES TAX RULING/INSTRUCTION No.11/2003<br />

C.No.3(19)STP/2000 DATED 12 TH MAY, 2003<br />

SUBJECT:- LEVY OF SALE TAX ON VALUE INCLUSIVE OF<br />

WITHHOLDING TAX PAID AT IMPORT STAGE AS FULL AND<br />

FINAL LIABILITY OF INCOME TAX.<br />

The Central Board of Revenue had in consultation with Justice Division issued a<br />

letter No. 3(19)STP/2000 dated 27.02.2001, that withholding <strong>Tax</strong> on the charges of gas,<br />

being adjustable, was not liable to sales tax as per provisions of section 2(46) of the <strong>Sales</strong><br />

<strong>Tax</strong> Act, 1990. later on, with reference to clarification sought by certain Associations of<br />

importers, the Board vide letter C.No. 3(19)STP/2000 dated 23.07.2001 also applied this<br />

ruling in case of importers who pay Withholding <strong>Tax</strong> (Income <strong>Tax</strong>) as full and final<br />

liability of income tax at the time of import.<br />

2. A number of registered persons invited the attention of Central Board of<br />

Revenue to the definition of value of supply mentioned in clause (a) of section 2(46) of<br />

the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, vide which the value of supply means the consideration in<br />

money including all Federal and Provincial duties & taxes. They contended that the<br />

clarification issued by the Board vide C.No.3(19) STP/2000 dated 23.07.2001 was not<br />

legally tenable as the Withholding <strong>Tax</strong> paid by the importers at the import stage was full<br />

and final liability of Income <strong>Tax</strong> and was to be included in value of supply as per above<br />

referred provisions of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. Accordingly, a reference was sent to the<br />

Justice Division which after a proper examination has ruled that sales tax in terms of<br />

section 2(46) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, is leviable on the value of supply inclusive of<br />

non-adjustable Withholding <strong>Tax</strong> paid as full and final liability, under the Income <strong>Tax</strong><br />

Ordinance, on goods at import stage in view of the contention of the Justice Division, the<br />

Central Board of Revenue is pleased to withdraw its letter No. 3(19)STP/2000 dated

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