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Sales Tax Instructions

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

collection of sales tax on old and used vehicles. Rule 129 of the notified procedure only<br />

stipulates that in case of vehicles presented for transfer of registration without the<br />

involvement of any dealer, the proof of payment of the sales tax due shall be produced<br />

before the said authorities, at the time of registration of such vehicles. In other words the<br />

Excise & <strong>Tax</strong>ation authorities just have to make it sure that the due payment of tax has<br />

been made. The authorities shall only intimate the Collector concerned of all such<br />

payments of tax, on monthly basis. There is in effect, no collection effort additionally<br />

entrusted to the provincial authorities through this measure. It may be appreciated that in<br />

practice, it is no different from what the Excise and <strong>Tax</strong>ation authorities have already<br />

been doing in the case of imported vehicles, by demanding the Goods Declaration (filed<br />

at the import stage) to ensure that all import levies have been paid in respect of such<br />

vehicles.<br />

3. That being so and consistent with the norms of continued mutual<br />

cooperation between the federal and provincial institutions, the Board would indeed<br />

appreciate if the provincial authorities could look into the issue in the right earnest and<br />

help ensure immediate payment of government taxes, in force for a considerable time<br />

now.<br />

[Issued by the Central Board of Revenue, (<strong>Sales</strong> <strong>Tax</strong> & Federal Excise Wing) under the<br />

signature of Mr. Shahid Ahmad, Member (<strong>Sales</strong> <strong>Tax</strong> & Federal Excise), addressed to the<br />

Secretary (Excise & <strong>Tax</strong>ation), Government of Sindh, Karachi, Copy to the Chief Secretary<br />

(Sindh), Government of Sindh, Karachi and the Collector (Hqrs), <strong>Sales</strong> tax House, Karachi with<br />

reference to this C.No.17(153)Reg/SP/STH/05 dated 31-12-2005. ]<br />

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

CBR‘s U.O. No. 1/5-STT/2005 DATED 19 TH JANUARY, 2006<br />

SUBJECT:<br />

EXEMPTION OF SALES TAX ON PLANT AND MACHINERY<br />

IMPORTED UNDER SRO. 27(I)/98 DATED 17.1.1998<br />

I am directed to refer to Law, Justice and Human Rights Division‘s U.O. No.<br />

1553/05-Law-I dated 7.1.2006 on the subject cited above, and to enclose copies of SRO<br />

455(I)/2004 dated 12.06.2004 (amended vide SRO 734(I)/2004 dated 28.8.2004) as<br />

desired. As regards letter dated 14.02.2005 from Customs Wing, CBR, it is stated that the<br />

same was effective only to the extent of liabilities of customs duty as section 13 of the<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1990 was not invoked in SRO 455(I)/2004.<br />

2. As desired, the following legal questions are framed for Law Division‘s<br />

opinion in continuation of CBR‘s earlier U.O. of even number dated 26.12.2005:<br />

(i) Are sales tax liabilities arising under SRO 27(I)/98 dated 17.1.1998<br />

exempted under clause (iii) of SRO 455(I)/2004 dated 12.06.2004?

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