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Sales Tax Instructions

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

C. NO.9(98)-ST/72 DATED 8 TH MAY, 1993<br />

SUBJECT:- LOCALLY-MANUFACTURED ELECTRIC MOTORS<br />

CLARIFICATION THEREOF.<br />

I am directed to refer to Board‘s earlier clarification of even number dated 16 th<br />

February, 1993 on the above subject wherein the Board had ruled that only such electric<br />

motors shall be entitled to sales tax exemption which are identifiable as intended for use<br />

with machinery and that this machinery should be such as is used in any industrial<br />

process etc.<br />

2. In view of a number of representations from various quarters it is<br />

clarified that all locally-manufactured single phase electric motors and the locallymanufactured<br />

three phase electric motors up to ten H.P. will stand outside the purview of<br />

S.R.O. 600(I)/90 dated 7 th June, 1990, hence sales tax exemption will not be available to<br />

these types of electric motors.<br />

[Superseded by C. No.9 (98 )ST/72, dated 20 th July, 1993]<br />

[Issued by the CBR, Islamabad, under the signature of Mr. Aijaz Ali Jafferi, Second<br />

Secretary (STT-II), addressed to the Collector, Central Excise & <strong>Sales</strong> <strong>Tax</strong>, Lahore/Karachi; and<br />

the Collector of Customs, Central Excise & <strong>Sales</strong> <strong>Tax</strong>, Hyderabad/ Rawalpindi/ Peshawar/<br />

Multan/ Quetta].<br />

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

C. NO.9(4)-ST/88-Pt DATED 15 TH MAY, 1993<br />

SUBJECT:- JURISDICTION OF COLLECTOR AND DEPUTY COLLECTOR<br />

FOR DETERMINATION OF AMOUNT OF SALES TAX<br />

EVADED NOT PAID OR SHORT PAID.<br />

I am directed to refer to the judgment of the Supreme Court in Civil Appeal No.<br />

221 of 1990. As a consequence of this judgment the Supreme Court has held that Deputy<br />

Collectors did not have powers to issue demand-cum-show cause notices in cases of<br />

determination of evaded <strong>Sales</strong> <strong>Tax</strong> under the <strong>Sales</strong> <strong>Tax</strong> Act, 1951 (III of 1951). It has<br />

therefore decided as follows:-<br />

(i)<br />

(ii)<br />

(iii)<br />

All show cause notices may be issued by concerned AC‘s irrespective of<br />

the value of goods involved, in cases where evasion of sales tax under<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1951, come to light;<br />

Cases in which show cause notices have already been issued by AC‘s,<br />

they will be heard and decided by them;<br />

In cases where show cause notices have been issued by DC‘s, fresh show<br />

cause notices be issued by concerned AC‘s;

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