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Sales Tax Instructions

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

existing explanation which included additional tax in the expression ―tax due‖ for the<br />

purpose of section 34.<br />

2. With the insertion of new explanation in section34 vide section 7 of the<br />

<strong>Sales</strong> <strong>Tax</strong> (Amendment) Ordinance, 2001, an apprehension has been expressed by some<br />

quarters that this new explanation may not mislead the <strong>Sales</strong> <strong>Tax</strong> staff to work out the<br />

amount of additional tax again on compound basis.<br />

3. The issue has been examined in the Board and it is observed that under<br />

section 2(34) only the expression ―tax‖ has been defined, while expression ―tax due‖ has<br />

not been defined anywhere in the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. The expression ―tax due‖ read<br />

with sections 11(2) and 26(1) shows that the expression ―tax due‖ means the amount of<br />

sales tax payable on the monthly return. Similarly, in case of turnover tax or enlistment<br />

tax it would mean the amount of turnover tax or enlistment tax payable on the relevant<br />

return as per law.<br />

4. It is, therefore, clarified that for the purpose of section 34, the expression<br />

―tax due‖ is not to be confused with the expression ―tax‖ as defined in section 2(34). As a<br />

result the additional tax chargeable under section 34 shall be charged only on the actual<br />

amount of sales tax or turnover tax or as the case may be enlistment tax as was due and<br />

payable in the relevant return and it will be realized on simple (non-compound) basis.<br />

5. All the Collectors are requested to please advise their staff accordingly.<br />

[Issued by the CBR, Islamabad under the signature of Dr. Ashfaq Ahmed Tunio,<br />

Secretary (ST L&P) addressed to all the Collectors of <strong>Sales</strong> <strong>Tax</strong>.]<br />

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