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Sales Tax Instructions

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

C. NO.3(29)STP/99 DATED 25 TH JUNE, 1999<br />

SUBJECT:- SRO 679(I)/99, DATED 12.06.1999<br />

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

four fifth of the amount of additional tax and penalties under <strong>Sales</strong> <strong>Tax</strong> Circulars,<br />

General Orders, letters, Clarifications, Notification SRO 679(1)/99, dated 12.06.1999 is<br />

also available to the cases in disputes or in audit or in adjudication as per para 3 of said<br />

SRO.<br />

2. You are, therefore, requested to please contact, individually, all such<br />

taxpayers against whom sales tax liability has been detected irrespective of whether a<br />

formal case has been made out, or a show cause notice issued or an order-in-original has<br />

been passed or not. All such sales tax defaulters may be properly briefed about<br />

exemption/amnesty/waiver of additional tax and penalties available to them under the<br />

SRO so that they can avail of the facility.<br />

3. Considering that the said SRO will expire on 28 th June, 1999, action in<br />

this regard may please be initiated instantly.<br />

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

(STP), addressed to the Collector <strong>Sales</strong> <strong>Tax</strong>, Karachi (West /Karachi (East)/Multan/Faisalabad/<br />

Lahore/Gujranwala/Rawalpindi/Peshawar and the Additional Collector Incharge <strong>Sales</strong> <strong>Tax</strong>,<br />

Hyderabad / Balochistan (Hub).]<br />

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

SALES TAX GENERAL ORDER NO.5/1999.<br />

C.No.4/49-STB/98 DATED 29 TH JUNE, 1999<br />

SUBJECT:- VALUE OF SUPPLY WHEN GOODS ARE REMOVED/<br />

SUPPLIED UNDER CHAPTER-X OF THE CENTRAL EXCISE<br />

RULES, 1944.<br />

A question has arisen as to whether for the purposes of clearances made under<br />

Chapter-X of the Central Excise Rules, 1944, the amount of Central Excise Duty remitted<br />

would also be included in the value of taxable supply or not.<br />

2. Since the amount of Central Excise Duty is remitted under Chapter-X of<br />

the Central Excise Rules, 1944, and is also not actually paid to the seller, the bond<br />

submitted under rule 192 of the Central Excise Rules, 1944, can not be considered as<br />

"money" received by supplier. Moreover, the principle outlined in <strong>Sales</strong> <strong>Tax</strong> Circular<br />

No.10/94 dated 27.10.1994 also applies.<br />

3. Therefore, the amount of Central Excise Duty remitted under Chapter-X<br />

of the Central Excise Rules, 1944, and, accordingly, not received by the supplier of the<br />

taxable goods shall not form an ingredient of the value of taxable supply under section<br />

2(46) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990.

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