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Sales Tax Instructions

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

are in conformity with Central Board of Revenue‘s Ruling No. 67/2002 dated 11-11-2002<br />

and whether input tax adjustment can be claimed on the basis of these invoices.<br />

2. The matter has been examined in the Central Board of Revenue in<br />

consultation with PTV. The Board is of the view that invoices issued by PTV (specimen<br />

enclosed) bearing the name and registration number of the registered person/buyer routed<br />

through the advertising agency is in accordance with Board‘s said Ruling. These<br />

invoices are therefore acceptable for input tax adjustment. This would however be<br />

subject to the condition that payment is directly made by the registered person/buyer to<br />

the registered person/service provider as per provisions of section 73 of the <strong>Sales</strong> <strong>Tax</strong><br />

Act, 1990. This has been illustrated in the specimen invoice issued to M/s Reckitt<br />

Benckiser Pakistan by M/s PTV. Moreover, while claiming input tax adjustment the<br />

provisions of Apportionment Rules issued vide Notification No. SRO 698(I)/96 dated 22-<br />

08-1996 may be kept in view and no input tax adjustment for items mentioned in SRO<br />

578(I)/98 dated 12-06-1998 would be admissible.<br />

[Issued by the CBR, Islamabad under the signature of Mr. Pervez Esbhani, Secretary<br />

(STR & S) addressed to all the Collectors.]<br />

[Superceded by Ruling/Instruction No.25/2003]<br />

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

SALES TAX RULING/INSTRUCTION No.13/2003<br />

C.No.1(34)STR/99 DATED 24 TH MAY, 2003<br />

SUBJECT:-<br />

CLARIFICATION REGARDING ADMISSIBILITY OF INPUT<br />

TAX ADJUSTMENT ON ELECTRICITY CONSUMED BY<br />

RESTAURANTS.<br />

I am directed to refer to the subject cited above and to say that a question has been<br />

raised whether restaurants which are registered under the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 and are<br />

paying 15% sales tax on taxable supplies of food items can claim input tax adjustment on<br />

electricity consumed by them for preparation or supplying of food items in the service<br />

areas.<br />

2. The matter has been examined in the Central Board of Revenue. The<br />

Board is of the view that restaurants can claim input tax adjustment on electricity<br />

consumed by them in the service areas in terms of Rule 3(7) of the Special Procedure for<br />

Supply of Food Rules, 1999. This would however be subject to adherence to the<br />

provisions of sections 7 and 8 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 read with Rule 7(2) of the<br />

Special Procedure for Collection and Payment of <strong>Sales</strong> <strong>Tax</strong> (Electric Power) Rules, 2000.<br />

However, no input adjustment of electricity bill for the area used as children‘s park etc<br />

not subjected to sales tax would be available. Thus, restaurants providing services of<br />

children‘s park or fun fair and other activities not subject to sales tax have to claim

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