Sales Tax Instructions

Sales Tax Instructions, 2009
C. No. 1(18)S(STJ)/99 DATED 16 TH FEBRUARY , 1999
SUBJECT:- FORMAT OF BANK GUARANTEE IN CASES WHERE
RECOVERY IS ORDERED TO BE STAYED AGAINST BANK
GUARANTEE TO THE SATISFACTION OF THE RESPONDENT
DEPARTMENT (COLLECTOR OR BELOW AND CBR).
It has been observed by the Board that various formats of Bank Guarantees are
tendered and accepted by the Collectorates in cases where, in litigation cases, recovery of
sales tax is ordered to be stayed against Bank Guarantees to the satisfaction of the
respondent department viz. the Federal Government, Central Board of Revenue,
Collector concerned or any subordinate officer.
2. With a view to standardize the format of such guarantees, a draft of the
Bank Guarantee is enclosed herewith. The officers of Sales Tax may, in cases where
recovery of sales tax is stayed in litigation cases against Bank Guarantees to the
satisfaction of the respondent officer/ department, require the petitioners to submit the
Guarantee in the enclosed format, with such modifications/alterations as are considered
necessary and appropriate by the said respondent officer/department for his satisfaction.
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DRAFT FORMAT OF BANK GUARANTEE
(Annex to the Sales Tax General Order No._____________________ /99)
The Collector of Sales Tax, ______________________
We (Bank)____________________________________ do hereby bind ourselves on
this________________ day of _____________________, 1999 on behalf of
M/s________________________________, (the petitioner in W.P No.
________________), to pay to the Government of Pakistan through the Collector of
Sales Tax, ______________________an amount of Rs. ________ (Rupees (in words)
___________________________only) being sales tax involved in Writ Petition No.
_______________________ filed by M/s.____________________________, in the
Honourable __________________________ High Court,
___________________________________ Bench, in terms of its ad- interim order dated
__________________________________ passed in C.M. Application
No.________________________ relating to the said Writ Petition.
2. This unconditional Guarantee shall be binding on us till its discharge in terms of the
decision of the case in W.P. No.___________________and we agree and undertake to
make payment of the above sum of Sales Tax amounting to
Rs.______________________ (Rupees (in words)
____________________________________ ), to the Government of Pakistan within
seven days of the receipt of demand from the Collector of Sales Tax or his Sales Tax
Officer______________________, duly authorized by him in this behalf, without delay
and default, on the happening of any of the following events, whichever is earlier:--
(i) Honourable ____________________ High Court's Order, if any, altering
its interim order dated ___________________ in a manner that the
amount becomes payable to the Government; or
(ii) Afflux of time on expiry of the prescribed period in terms of clause (4-A)
of Article 199 of the Constitution of Pakistan; or