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Sales Tax Instructions

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

987(I)/99, dated 30 th October, 1999, the importer or purchaser of the locally<br />

manufactured machinery is required to submit an indemnity bond to the Collector of<br />

Customs or <strong>Sales</strong> <strong>Tax</strong>, as the case may be, binding himself to pay sales tax and additional<br />

tax in case of his failure to fulfil the conditions specified in the notification. The<br />

indemnity bond shall not be discharged till the submission of installation-cum-production<br />

certificate.<br />

2. Under sub-section (3) of section 3 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, the<br />

liability to pay sales tax is on the importer or the supplier. However, under sub-section<br />

(4) ibid, the Federal Government is empowered to specify the goods in respect of which<br />

the liability to pay tax shall be of the person receiving the supply. In case of SRO<br />

987(I)/99, the purchaser takes upon himself the liability to pay the tax in case the<br />

conditions of the notification are not fulfilled. Since the liability is upon the purchaser it<br />

would be possible to effect recovery from him only when the indemnity bond is<br />

submitted to the Collectorate where he is registered. Therefore, the indemnity bond<br />

should be furnished to the Collectorate where the purchaser is registered. A copy of the<br />

indemnity bond and the subsequent installation certificate should however, be furnished<br />

to the supplier and the Collectorate where the supplier is registered, for information, and<br />

record and audit purposes.<br />

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

Secretary (ST-L&P) addressed to the Collector of <strong>Sales</strong> <strong>Tax</strong> Hyderabad. Copy endorsed to all<br />

other Collectors of <strong>Sales</strong> <strong>Tax</strong>.]<br />

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

C.No.3(16)STP/2000 DATED 8 TH OCTOBER, 2001

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