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Sales Tax Instructions

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

The subject noted products have been exempted from <strong>Sales</strong> <strong>Tax</strong> since 1951, by various<br />

notifications and clarification issued by Central Board of Revenue, time and again.<br />

SR. NOTIFICATION<br />

REMARKS<br />

NO. /CLARIFICATION<br />

1. SRO 230(I)/97,<br />

dated 29.03.97.<br />

Definition of ―Plant, Machinery and Equipment‖, which has been<br />

placed as item 39 in the sixth schedule has been given. The<br />

definition is substantially the same as given in various previous<br />

<strong>Sales</strong> <strong>Tax</strong> exemption notification and clarification. The subject<br />

products fall in this definition. Accordingly the clarifications<br />

issued in the past for the subject items hold good for this SRO<br />

2. CBR‘s Clarification<br />

C. No.16(42)/ST/80,<br />

dated 04.11.1990.<br />

3. CBR‘s Clarification<br />

No.3(8)-<br />

C.E.Board/82, dated<br />

06.11.1991.<br />

4. SRO 697(I)/77,<br />

dated 04.08.1977<br />

5. SRO prior to SRO<br />

697(I)/77, dated<br />

04.08.1977<br />

also.<br />

Board has clarified that ―Wires and Cables‖ shall be covered by<br />

the words ―Machinery and Equipment‖ used in <strong>Sales</strong> <strong>Tax</strong> /<br />

Exemption Notification No.597(I)/90, dated 07.06.90.<br />

Board has clarified that ―Wires & Cables‖ shall be covered by the<br />

words ―Machinery and Equipment‖ used in SRO 798(I)/90, dated<br />

30.07.1990. The definition of machinery in SRO 798(I)/90, dated<br />

30.07.1990 is the same as Sr. No.(1) above.<br />

This SRO also exempted ―Machinery and Equipment‖, the<br />

definition of which as given in this SRO was the same as against<br />

serial No.1. In addition the SRO contained a table of PCT<br />

headings for the purpose of exemption under this SRO. All the<br />

subject PCT Headings were included in the table and as such<br />

these items were treated as machinery and equipment and<br />

remained exempt. The SRO remained operative from 04.08.1977<br />

to 07.06.1990.<br />

All the prior SRO‘s beginning from SRO 3 ST. dated 13.03.54<br />

were identical to SRO at Sr. No.4 and granted exemption from<br />

<strong>Sales</strong> <strong>Tax</strong> on subject items.The SROs were:<br />

SRO No.125, dated 29.06.1970, SRO No.124, dated 28.06.1969<br />

SRO No.217, dated 13.12.1968, SRO No.41, dated 22.03.1968<br />

SRO No.1302, dated 05.12.1962, SRO No.3, dated 13.03.1954.<br />

The clarification issued by the CBR confirming exemption were as<br />

under:-<br />

C. No.9(20)-ST/76, dated 02.10.1988, C. No.16(62)ST/77, dated<br />

11.04.1982, IV-CE(bud)58/79/2956, dated 03.04.1980<br />

C. No.16(166)-SS/T-(I)/8\72, dated 18.06.73, C. No.7(57)-ST/69,<br />

dated 23.07.1971, C. No.7(5)-ST/69, dated 18.11.1969<br />

C.No.7/68-69/1712-A7, dated 19.08.1969, C. No.71(5)-ST/69,<br />

dated 17.06.1969, C. No.7(13)-ST/67, dated 06.05.1969<br />

C. No.5(43)-ST/61, dated 17.02.1962<br />

C. No.7(3)-ST/57, dated 28.04.1958.<br />

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

No.2(62)STP/97(Pt.2)I DATED 17 TH APRIL, 1999<br />

SUBJECT:- SALES TAX INPUT ENTITLEMENT ON CUSTOMS<br />

AUCTIONED GOODS.

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