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Sales Tax Instructions

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

SUBJECT:<br />

CLARIFICATION OF SRO 530(I)/2005<br />

I am directed to refer to the subject cited above and to clarify that the expression<br />

―plant, machinery and equipment‖ mentioned in SRO 530(I)/2005 dated 6.6.2005 does<br />

not include consumer durables and office machines. By virtue of the said exclusion the<br />

parts of consumers durables whether imported under the form ‗S‘ or otherwise are not<br />

entitled to zero-rating of sales tax. It is further clarified that SRO 70(I)/2006 dated<br />

28.1.2006 has only amended the SRO 530(I)/2005 to the extent that the condition /<br />

restriction of 5% rate of customs duty has been abolished and now plant, machinery,<br />

equipment and parts thereof, excluding consumer durables and office machines, are<br />

importable at zero percent sales tax irrespective of the rate of customs duty chargeable<br />

thereon.<br />

[Issued by the Government of Pakistan, Revenue Division, C. B. R., Islamabad, (<strong>Sales</strong><br />

<strong>Tax</strong> & Federal Excise Wing), under the signature of Mr.Wajid Ali, Secretary (ST&FE-Budget),<br />

addressed to the Collector of Customs, Model Customs Collectorate, Appraisement / Preventive/<br />

Port Qasim, Karachi, the Collector of Customs, Lahore/ Sambrial (Sailkot)/ Faislabad/<br />

Rawalpindi/ Peshawar, the Collector, Large <strong>Tax</strong>payers Unit (LTU),(Enforcement/ (Hqrs.)/<br />

(Audit), Karachi, the Collectors, Collectorate of Customs, <strong>Sales</strong> <strong>Tax</strong> & Federal Excise,<br />

Hyderabad/ Quetta/ Multan, the Collectors, Collectorate of <strong>Sales</strong> <strong>Tax</strong> & Federal Excise, Lahore/<br />

Faisalabad/ Gujranwala/ Rawalpindi/ Peshawar. Copy for information to Mr. Ghalib Ata,<br />

Director R&D and International Affairs, Lahore, Chamber of Commerce and Industry, Lahore<br />

with reference to letter dated 18.3.2006.]<br />

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

C. NO. 3(41)STB/99 DATED 22 ND MARCH 2006<br />

SUBJECT:- REPRESENTATION REGARDING VALUE OF LPG FOR THE<br />

PURPOSE OF SALES TAX<br />

Please refer to your letter dated 06-03-2006, on the subject noted above.<br />

2. The issue raised in the above said letter has been examined in the Board.<br />

It is found that under the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, there is no bar on fixing different prices<br />

for different regions. Moreover, LPG is subject to levy of sales tax on ad-valorem basis.<br />

Therefore, if different prices are fixed for different regions and these prices represent the<br />

whole of consideration, to be received from the recipient of supply, then in term of value<br />

of supply, as defined in section 2(46) of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, these different prices<br />

will be treated as value for respective supplies. However, if there is reason to believe that<br />

the value of a supply has not been correctly declared in the invoice, the Collector of <strong>Sales</strong><br />

<strong>Tax</strong> having jurisdiction may resort to the action as in section 2(46)(e) of the <strong>Sales</strong> <strong>Tax</strong><br />

Act, 1990.<br />

[Issued by the Central Board of Revenue (Revenue Division) (<strong>Sales</strong> <strong>Tax</strong> & Federal<br />

Excise Wing), under the signature of Mr. Abdul Hameed Memon, Secretary (ST&FE-L&P),<br />

addressed to M/s. Ali Sibtain Fazali & Associates, Legal Advisors, Advocate & Solicitors, Mall<br />

Mansions, 30 th the mall, Lahore. Copy to the Collector, <strong>Sales</strong> tax & Federal Excise, Rawalpindi.]

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