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Sales Tax Instructions

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

C. NO.3(3)STT-II/93 DATED 5 TH SEPTEMBER, 1993<br />

SUBJECT:- PROVISIONAL COLLECTION OF SALES TAX.<br />

In continuation of Board‘s letters of even number, dated 1 st August, 1993, 2 nd<br />

August, 1993, 4 th August, 1993 and 30 th August on the above subject undersigned is<br />

directed to say that the Board is pleased to extend the date from 5 th September, 1993 to 9 th<br />

September, 1993. This facility is for the commodities whose names are indicated in these<br />

letters.<br />

2. The Commodities in respect of which Fixed <strong>Tax</strong> Schemes for 1993-94<br />

are notified by CBR will be intimated by 8 th September, 1993 so that action is taken to<br />

recover sales tax as per these schemes or in the normal manner whichever is applicable.<br />

[Issued by the C.B.R., Islamabad, under the signature of Mr.Kh.Umar Mehdi, Second<br />

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

the Collector, Customs, Central Excise and <strong>Sales</strong> <strong>Tax</strong>, Hyderabad/ Multan/ Peshawar/ Quetta/<br />

Rawalpindi].<br />

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

C. NO.3(11)GST-I/93 DATED 13 TH SEPTEMBER, 1993<br />

SUBJECT:- INTERPRETATION OF TERM ―SUPPLY‖ USED IN SECTION<br />

2(22) OF SALES TAX ACT.<br />

Reference Collectorate‘s letter No. IV (2) Collector/5/Seiz/93/930 dated 19th<br />

August, 1993 on the above mentioned subject. The undersigned is directed to intimate the<br />

following:-<br />

(i)<br />

In the context of the concrete case before us, the phrase ―Business carried<br />

out for consideration‖ used in section 2(22) does not refer to the business<br />

carried out by a section or department of Railways or WAPDA. It refers to<br />

business being carried out by Railways and WAPDA. As the two agencies do<br />

not provide their services free of charge they are carrying on business for<br />

considerations. Therefore, they will have to pay sales tax on goods produced<br />

and consumed by them.<br />

(ii)<br />

(iii)<br />

Irrespective of the reasons given in item (i) above the Railways, WAPDA<br />

and such other agencies will continue to be liable to sales tax so long as the<br />

Supreme Court does not give a finding different from the one given in Civil<br />

Appeal No. 284 of 1987.<br />

The issue of sales tax liability of goods produced for consumption by<br />

agencies like KDA was examined by the Supreme Court in Civil Court<br />

Appeal No. 284 of 1987 in KDA vs CBR. The Honourable Supreme Court has<br />

held that sales tax is payable by KDA on pre-stressed cement pipes for its own<br />

use and not sale to any other person.

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