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Sales Tax Instructions

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

clarified that the provisions of section 59 of the <strong>Sales</strong> <strong>Tax</strong> (Amendment) Act, 1990, relate<br />

to only such of inputs as were acquired before 1st November, 1990 and were also not<br />

used before 1st November, 1990 and were in physical stock of the registered person as at<br />

0001 hours of 1st November, 1990. for final adjustment of sales tax on inputs acquired<br />

and also used on or before 31st October, 1990, the provisions of section 27 of the <strong>Sales</strong><br />

<strong>Tax</strong> Act, 1951 read with <strong>Sales</strong> <strong>Tax</strong> Circulars No.12 of 1972 and No.2 of 1973 shall apply.<br />

2. The issue has been examined in the Board on receipt of a reference on<br />

aforesaid standing order from a Collectorate. The provisions of section 59 of the <strong>Sales</strong><br />

<strong>Tax</strong> (Amendment) Act, 1990 relate to only such of inputs as were acquired before 1st<br />

November, 1990 and were in physical stock of the registered person on 1st November,<br />

1990 and tax paid on such inputs is also liable to adjustment or refund under section 27 of<br />

the <strong>Sales</strong> <strong>Tax</strong> Act, 1951.<br />

3. So far as the adjustment / refund of sales tax on inputs acquired and also<br />

consumed before 1st November, 1990 is concerned, the provisions of section 27 of the<br />

<strong>Sales</strong> <strong>Tax</strong> Act, 1951, read with <strong>Sales</strong> <strong>Tax</strong> Circular No.12 of 1972 and 2 of 1973 shall<br />

apply. It is accordingly held that the pending cases of adjustment / refund of sales tax on<br />

inputs acquired and consumed before 1st November, 1990. whether or not yet filed with<br />

the Department shall be settled under the old law.<br />

[Issued the CBR., Islamabad, under the signature of Mr. Rashid Ahmed, Second<br />

Secretary (STB), addressed to the Collector, Central Excise & <strong>Sales</strong> <strong>Tax</strong>, Hyderabad, Multan,<br />

Rawalpindi, Peshawar, Quetta].<br />

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

C. NO.16(34)/ST/87 DATED 30 TH APRIL, 1991<br />

SUBJECT:- CLASSIFICATION OF COTTON WASTE AND LEVY OF SALES<br />

TAX - CLASSIFICATION REGARDING<br />

A question has arisen whether the soft cotton waste obtained during the process<br />

of carding and combing falls under PCT Heading 52.02 or 52.03.<br />

The issue has been examined in the Board. According to the Explanatory Notes<br />

for Chapter 52 the Heading 52.02 includes the cotton waste (including yarn waste and<br />

garneted stock) but excludes carded or combed cotton waste (52.03).<br />

In view of the specific exclusion of combed and carded waste from PCT Heading<br />

52.02 the aforesaid item can appropriately be classified under PCT Heading 52.03.<br />

As regard is taxability position, the carded and combed waste is not exempt from<br />

payment of sales tax under SRO. 599(I)/90, dated 7 th June, 1990.<br />

[Issued by the CBR., Islamabad, under the signature of Mr.Muhammad Yahya, Second<br />

Secretary(STTI), addressed to the Collector of Central Excise & <strong>Sales</strong> <strong>Tax</strong>,Peshawar/Karachi/<br />

Quetta/Lahore/Hyderabad/Multan/ Rawalpindi]

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