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Sales Tax Instructions

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

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C.NO. 3(72)STP/97 (Pt-2) DATED 2 ND AUGUST, 2006<br />

SUBJECT:<br />

SALES TAX ON SALE OR AUCTION OF USED AND<br />

UNSERVICEABLE VEHICLES<br />

I am directed to refer to the subject noted above and to say that the special<br />

procedure for collection and payment of sales tax on vehicles a in chapter XVII of the<br />

repealed <strong>Sales</strong> tax Special Procedures Rules 2005, stipulated that sales tax on sale of old,<br />

used and second-hand vehicles will be deposited by taking ten percent of the declared<br />

sale / purchase price as assessable value. Now, the above said rules have been repealed<br />

by the <strong>Sales</strong> <strong>Tax</strong> Special Procedures Rules, 2006, as issued vide notification No. SRO<br />

560(I)/2006 dated 05.06.2006. The new rules do not stipulate production of evidence of<br />

payment of sales tax on old, used and second-hand vehicles at the time of registration.<br />

Car dealers are nonetheless required or service charges on, inter alia, purchase and sale<br />

of vehicles, in their monthly returns and discharge their liabilities, if any.<br />

2. It is further to reiterate that serial no. 6 of Table 2 of the Sixth Schedule<br />

to the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, provides sales tax exemption on supply or disposal of fixed<br />

assets against which input tax adjustment is not available under a notification issued in<br />

terms of clause (b) of subsection (1) of section 78 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990. The<br />

notification No SRO 490(I)/2004 dated 12.6.2006 issued under the aforesaid provisions<br />

bars adjustment of input tax on vehicles falling in chapter 87 of the First Schedule to the<br />

Customs Act. Therefore, the sales tax on such vehicles, if sold or auctioned otherwise<br />

than as stock-in-trade, will not be payable.<br />

3. This clarification, however, does not apply to the vehicles in respect of<br />

which duty / taxes have not been paid at the original stage. Such vehicles shall remain<br />

chargeable to sales tax at the time of sale / disposal thereof.<br />

4. The Collectors are requested to convey these instructions to all<br />

government / semi-government departments and autonomous bodies in their respective<br />

jurisdictions and other agencies responsible for ensuring payment of sales tax in such<br />

cases.<br />

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

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

L&P), addressed to the Collector, <strong>Sales</strong> <strong>Tax</strong> & Federal Excise, Rawalpindi/ Faisalabad/<br />

Peshawar/ Gujranwala/ Lahore/ (Hqrs.)/ (Audit)/ (Enforcement), <strong>Sales</strong> <strong>Tax</strong> House, Karachi, the<br />

Collector, Customs, ST & FE, Multan/ Hyderabad/ Quetta and the Collector, Large <strong>Tax</strong>payers<br />

Unit, Karachi (Audit)/ (Enforcement), Lahore. Copy to the Secretary (S&M), CBR, Islamabad.]<br />

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C. No. 1(17)CEB/96 DATED 2 ND AUGUST, 2006<br />

SUBJECT:<br />

REFUND CLAIMS FILED BY PAYPHONE COMPANIES.

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