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Sales Tax Instructions

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

(iii)<br />

(iv)<br />

(v)<br />

Rule 5 of SRO 666(I)/2005 provides that the manufacturer shall intimate<br />

the Collector that he intends to utilize the amount claimed in refund for<br />

the purpose of adjustment. The word ―intends‖ connotes that the option<br />

lies with the taxpayer.<br />

The requirement of first applying for adjustment advice and then again<br />

waiting for three months to apply for refund runs counter to the spirit of<br />

facilitating the taxpayers. A taxpayer has to unnecessarily fulfill<br />

formalities at two stages and then wait for three months to apply for<br />

refund.<br />

Once the principle has been laid down in section 10(2) that the excess<br />

input tax has to be refunded on monthly basis, then it appears<br />

unreasonable to make the taxpayer wait for a long time and engage in<br />

inconvenient procedures.<br />

4. In view of above, the Board, in exercise of powers under section 55 of the<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1990, allows that the manufacturers making local supplies may directly<br />

file refund claim of excess of input tax over output tax under chapter V of the <strong>Sales</strong> <strong>Tax</strong><br />

Rules, 2006, without having to undergo through the procedure stipulated in SRO<br />

666(I)/2005 dated 30.06.2005.<br />

[Issued by the CBR. (<strong>Sales</strong> <strong>Tax</strong> & Federal Excise Wing), Islamabad, under the signature<br />

of Mr. Abdul Hameed Memon, Secretary (ST&FE-L&P),addressed to Collector, Large <strong>Tax</strong>payers<br />

Units (LTU), Lahore, (Enforcement) / (Hqrs.)/ (Audit), Karachi, the Collector, Collectorate of<br />

<strong>Sales</strong> <strong>Tax</strong> & Federal Excise, Lahore/ Faisalabad/ Gujranwala/ Rawalpindi/ Peshawar. the<br />

Collector, Customs, <strong>Sales</strong> <strong>Tax</strong> & Federal Excise, Multan/ Hyderabad/ Quetta]<br />

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

C. No. 1(3)CEB/04(Pt) DATED 4 TH OCTOBER, 2006<br />

SUBJECT:<br />

PAYMENT OF REFUND ON EXPORT OF GHEE/ COOKING<br />

OIL<br />

I am directed to refer to the subject noted above.<br />

2. A meeting with manufacturers of ghee/ cooking oil was held in CBR on<br />

4.10.2004 wherein it was highlighted that refunds on account of exports made prior to<br />

January 2006 are still pending. The Chairman, CBR, has expressed displeasure on this<br />

delay and desired that admissible refunds be paid without further delay.<br />

3. As regards, the refund/ drawback in respect of exports made in January<br />

2006 and onwards, it was decided to pay drawback as notified under SRO 993(I)/2006<br />

dated 21.09.2006 on provisional basis. The Board‘s instructions for finalization of such<br />

drawback cases will be issued subsequently.<br />

[Issued by the CBR, Islamabad, under the signature of Mr. Abdul Hameed Memon,<br />

Secretary (ST&FE-L&P), addressed to All Collectors, Collectorates of <strong>Sales</strong> <strong>Tax</strong> & Federal<br />

Excise and copy to Pakistan Vanaspati Manufacturers‘ Association, Islamabad.]

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