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Sales Tax Instructions

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

SUBJECT:-<br />

EXEMPTION FROM PAYMENT OF SALES TAX – PROJECT<br />

NO.046201-0107 LAW ENFORCEMENT, DEMAND REDUCTION<br />

AND AREA DEVELOPMENT PROJECT<br />

The undersigned is directed to refer to this Davison‘s O. M. of even number dated 20 th<br />

January, 2004 on the subject mentioned above and to the letter from the US Embassy dated 24 th<br />

February, 2004 addressed to the Member (<strong>Sales</strong> <strong>Tax</strong>), CBR with a copy to this Division.<br />

In this regard, it is again reiterated that it becomes a legal binding on GOP once a letter of<br />

agreement and subsequent Revisions are signed with the US. Authorities. Clause 7-a and b(1) of<br />

Revision No.20 (copy enclosed) regarding taxes / duties clearly stipulate that:<br />

Any funds, materials and equipments introduced into Pakistan by the USG pursuant to this<br />

agreement shall be exempt from taxes, services charges and investment or deposit requirements<br />

and currency control in Pakistan, and the import, export, acquisition, use or disposition of any<br />

such property of funds in connection with this Agreement shall be exempt from any tariffs<br />

customs duties, import and export taxes, taxes on purchases or disposition and any other taxes or<br />

similar charges in Pakistan.<br />

B (1) Any foreign contractor, including any consulting firm, and any foreign<br />

personnel of such contractor financed under the program and any property or transaction related<br />

directly to such contacts, and<br />

(2) any commodity/procurement transaction financed under the program are exempt<br />

from identifiable taxes, tariffs, duties, or other levies imposed under laws in effecting Pakistan.<br />

In addition to above, the passing of stringent laws by the US Congress against imposition of any<br />

direct or indirect local taxation including custom duties will result in US Government withholding<br />

an amount of 200% of any such imposition of taxes. Failure to comply with the above would<br />

introduce additional financial implications as the US grant could be substantially reduced. The<br />

concerns of the US authorities regarding GST exemption are causing operational problems in the<br />

implementation of high priority projects of the GOP.<br />

In view of the sensitivity and urgency of the issue. Central Board of Revenue may kindly take<br />

necessary action for early resolution of the case.<br />

[Issued by Economic Affairs Davison, under signature of Syed Mujtaba Hussain, Section<br />

Officer, Economic Affairs Divisions.]<br />

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

C. NO.1(62)STP/97 (Pt.I) DATED 19 TH MARCH, 2004<br />

SUBJECT:- REQUEST FOR CLARIFICATION REGARDING LEVY OF<br />

FURTHER TAX UNDER SECTION 3(1A) OF THE SALES TAX<br />

ACT, 1990 ON SUPPLY OF UNIFORM SETS TO ARMY<br />

OFFICERS/JAVANS<br />

I am directed to refer to your letter dated March 16, 2004 on the subject cited<br />

above and to say that after the amendment in the definition of retailer in section 2(28) of<br />

the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 by the Finance Act, 2003, a manufacturer may get simultaneous<br />

registration as a retailer for the purpose of making supplies at retail level.

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