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Sales Tax Instructions

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

As the Notification SRO 507 does not contain any exclusion, the manufacturers of footwear<br />

manufacturing the goods from raw materials imported under concessionary notification have been<br />

prohibited from selling its footwear to the general body of consumers. If they do so, they will not be<br />

entitled for adjustment of input tax paid on import of these raw materials. We understand that this was<br />

not the intention of the legislature. While drafting the notification, the aforesaid aspect was not in the<br />

knowledge of the draftman.<br />

CBR is requested to kindly take an immediate action and a proper amendments in the SRO<br />

507 be made as we have stopped the supplies to aforesaid footwear manufactured from the raw<br />

materials imported under concessionary notification.<br />

[Issued by Bata Pakistan Limited addressed to the Member <strong>Sales</strong> <strong>Tax</strong> Central Board of<br />

Revenue, Islamabad.]<br />

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

C.NO. 1(14)STR/2002 (Vol-I) DATED 11 TH JULY, 2003<br />

SUBJECT:-<br />

LETTER ON THE STATUS OF RESTAURANTS.<br />

I am directed to refer to your email dated 23.06.2003 on the subject cited above<br />

and to say that your contention that restaurants fall in the category of retailers by virtue of<br />

the amendment made in section 2(28) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 has been examined in<br />

the Central Board of Revenue. The Board is of the view that your contention is not<br />

correct since restaurants are to be treated as manufacturers in terms of Rule 3(3) of the<br />

Special Procedure for Supply of Food Rules, 1999 notified vide SRO 1039(I)/99 dated<br />

14.09.1999. Rule 3(3) is reproduced below:<br />

―(3) Every such person, whose total annual turnover exceeds rupees two and a<br />

half million during the last twelve months, shall be liable to registration and shall<br />

get himself registered under the Act, if not already registered.‖<br />

2. Hence restaurants shall be treated as manufacturers and threshold and<br />

turnover limits prescribed for manufacturers vide section 3A and Serial No. 42 of the<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1990 shall apply to them.<br />

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

(STR), addressed to Shangrilla Chinese Restaurant, Multan Cantt.]<br />

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

C.NO. 3(36)STP/99 DATED 18 TH JULY, 2003<br />

SUBJECT:-<br />

FEDERAL BUDGET 2003-04 – ANOMALIES/IRRITANTS OF<br />

SECTION 73 OF THE SALES TAX ACT, 1990.<br />

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

clarifications were given by the Board in respect of the issues arising out of the<br />

substituted section 73 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990.<br />

I. Issue<br />

As per amendment of section 73, a registered person can claim input tax only if

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