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Sales Tax Instructions

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

―(2) Notwithstanding the provisions of subsection (1), the Federal<br />

Government may, by notification in the official Gazette declare that:-<br />

(a) in respect of any goods or class of goods imported into or produced in<br />

Pakistan or any taxable supplies made by registered persons the tax shall<br />

be charged at such higher or lower rate or rates as may be specified in the<br />

notification;<br />

(b) in respect of any goods or class of goods the tax shall be charged on the<br />

whole sale or retail price as may be specified.‖<br />

(xx)<br />

(xxi)<br />

similar powers are also available with the Federal Government in case of<br />

regulatory duty under Customs Act, 1969, and no question for ‗excessive<br />

delegation of powers‘ has arisen there; and<br />

Subsection (6) of section 3 of the Act uses the expression ―in lieu of ―, while<br />

sub-section (4) of the said section 3 uses the expression ―in addition to or ‗in<br />

lieu of‖. Similarly, empowerment of the Government to levy and collect<br />

extra tax not exceeding 15% under subsection (5) of the said section is also a<br />

taxing power of the Government.<br />

2. The Board is of the view that delegation by the legislature to the Federal<br />

Government of some taxing powers is not unconstitutional, nor it is excessive delegation.<br />

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

Secretary (ST-L&P), addressed to the Collector, Collectorate of Customs, <strong>Sales</strong> <strong>Tax</strong> & Central<br />

Excise (Adjudication), Karachi. III, Gulshan-e-Iqbal Karachi & copy to the Collector of <strong>Sales</strong> <strong>Tax</strong><br />

& Central Excise (Adjudication), Karachi-I, II, Hyderababd, Multan, Quetta, Rawalpindi, &<br />

Collector of <strong>Sales</strong> <strong>Tax</strong> & Central Excise, Peshawar, Rawalpindi, Hyderababd, Quetta, Lahore,<br />

Multan, Faisalabad, Gujranwala.]<br />

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

C. NO. 4(47)STB/98 (VOL-I) DATED 19 TH JULY, 2001<br />

SUBJECT:-<br />

IMPOSITION /REALIZATION OF SALE TAX ON SALE OF<br />

GOODS BELONGING TO GOVERNMENT OF PAKISTAN<br />

THROUGH OPEN AUCTION / TENDER<br />

I am directed to refer to your letter No.DWI/Policy/83/Vol-II/36, dated<br />

05.07.2001 on the subject cited above and to say that rate of sales tax on imports and<br />

supplies remains 15% except on the goods specified in SRO 389(I)/2001, dated<br />

18.06.2001 (copy enclosed) for which rate of sales tax has been enhanced to 20%.<br />

2. Rate of further tax under section 3(1A) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 has<br />

been enhanced from 1.5% to 3% vide Finance Ordinance, 2001. This charge is effective

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