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Sales Tax Instructions

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

registered person, being not exempted under section 13 or being not specified in the 6 th Schedule<br />

to the <strong>Sales</strong> <strong>Tax</strong> Act are chargeable to <strong>Sales</strong> <strong>Tax</strong> and supply thereof, are taxable supply. The<br />

consideration / sale proceeds received against disposal of fixed assets as well as scrap / waste are<br />

their income and therefore, it had been taken as income and accounted fro as such in their financial<br />

accounts. Such income being a part of business and investing activity done during the course of<br />

business is an act of furtherance of business. It is statutory authority under subsection (2) of<br />

section 13 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990, which vests in the Federal Government the power to<br />

exempt any taxable supply made in Pakistan or any goods or class of goods from the whole or any<br />

part of the tax chargeable under the said Act, subject to the conditions and limitations so specified.<br />

No exemption has since been notified by the Federal Government in relation to the sale, auction or<br />

otherwise disposal of goods, moveable fixed assets including plant/machinery equipment having<br />

no value addition to the goods and for which the input tax was not allowed.<br />

25. The conclusion of the above discussion is that the fixed assets as have been referred in<br />

the cases are goods or taxable goods and comes within the ambit of taxable supply and liable to<br />

the levy of sales tax. The High Courts have proceded on the wring premises and have wrongly<br />

interpreted the legal provisions and have drawn a wrong conclusion thereto. Resultantly, while<br />

accepting these appeals, the judgments impugned herein are set aside it is held that the<br />

respondents/ assesses are liable to the levy of tax on the sale of the assets subject-matter of the<br />

cases.<br />

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

OFFICE MERMORANDUM<br />

C. No.1/1-STB/2006 DATED 23 RD JUNE, 2007<br />

SUBJECT: RATIONALIZATION OF FEDERAL LEVIES ON<br />

INTERNATIONAL AIR TRAVEL<br />

The undersigned is directed to refer to the subject cited above and to say that the<br />

following budgetary measures have been taken in the Budget 2007-08 with regard to the<br />

Federal levies on international air travel:<br />

(i)<br />

Foreign travel tax (FTT) shall be abolished with effect from 1 st July,<br />

2007. The Government Airport (GAT) shall also stand abolished with<br />

effect from 1 st July, 2007;<br />

(ii)<br />

The rates of Federal excise duty (FED) have been notified to include the<br />

existing combined incidence of FED, FTT and GAT to be collected as<br />

Air Travel <strong>Tax</strong> (ATT). The new rates of ATT applicable from 1 st July,<br />

2007 are as under:<br />

Passengers embarking to or from<br />

SAARC region, UAE (Middle East),<br />

Saudi Arabia, Africa, Afghanistan<br />

Rs. 3200/- for economy and economy<br />

plus classes, and Rs. 4200/- for club,<br />

business and first classes<br />

Passengers embarking to or from<br />

Europe, Far East, China, USA, Canada,<br />

Rs. 4200/- for economy and economy<br />

plus classes, and Rs. 5700/- for club,

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