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Sales Tax Instructions

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

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

No.3(15)STP/99(Pt) DATED 13 TH OCTOBER, 1999<br />

SUBJECT:-<br />

SALES TAX ON SUPPLY OF ELECTRICAL ENERGY.<br />

I am directed to refer to your letter C.No.ST(Reg)(Notice) /07/98 dated<br />

02.10.1999 on the subject cited above and to say that:-<br />

(v)<br />

(vi)<br />

(vii)<br />

(viii)<br />

Any registered person who produces electrical energy and consumes the<br />

same inhouse for production of taxable goods and pays output tax, the<br />

electrical energy in this case is exempt vide entry No.43 of the Sixth<br />

Schedule to the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. However, electrical energy used in<br />

the production of exempt goods is subject to levy of sales tax.<br />

Any person who produces electrical energy and supplies to other persons<br />

or partly uses inhouse for the manufacture of taxable goods and partly<br />

supplies to other persons, is liable to pay sales tax on such supplies as are<br />

made to other persons.<br />

Any person who produces electrical energy and consumes the same<br />

inhouse for production of taxable goods and also supplies the same to the<br />

colony/residences within or outside of the premises of the manufacturing<br />

unit, will be subject to levy of sales tax on such use.<br />

Any unit of electrical energy installed in accordance with the provisions<br />

of SRO 561(I)/94, dated 09.06.1994 will enjoy the facilities as provided<br />

in the said notification.<br />

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

(STP) addressed to Collector of <strong>Sales</strong> <strong>Tax</strong>, Peshawar. Copy to all the Collector of <strong>Sales</strong><br />

<strong>Tax</strong>/Mirpur(AJ&K) for information and compliance and copy for information to M/s Dadabhoy<br />

Energy Supply Company Ltd., with respect to their letter No.DESCL/CBR/Comm.10561/299/99,<br />

dated 30.8.1999, it is clarified that electrical energy supplies are subject to levy of sales tax<br />

irrespective of the mode or manner of production of electrical energy.]<br />

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

No.F.12(2)/99-Legis. DATED 18 TH OCTOBER, 1999<br />

SUBJECT:- POSITION OF ORDINANCE PROMULGATED BY THE<br />

PRESIDENT AND A GOVERNOR.<br />

A question has arisen regarding the continuance in force of the Ordinance<br />

promulgated by the President of the Islamic Republic of Pakistan or a Governor of a<br />

Province before the Proclamation of Emergency dated the 14 th October, 1999, after the<br />

expiration of the periods as provided in Articles 89(2) and 128(2) of the Constitution of<br />

1973.<br />

2. The question has been examined in the Law, Justice and Human Rights<br />

Division. This Division is of the view that as the Constitution has been held in abeyance<br />

vide Paragraph 2(a) of the Proclamation of Emergency dated the 14 th October, 1999, the

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