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Sales Tax Instructions

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

4. The sales tax is to be calculated in the manner indicated in para 3 above<br />

if the following conditions are fulfilled:<br />

(i)<br />

The principal does not sell the commodity produced by a vendor either in<br />

the same form or by putting a brand name thereon or by re-packing it.<br />

(ii) The principal uses the goods made by a vendor/job worker for producing<br />

another marketable commodity.<br />

[Withdrawn vide <strong>Sales</strong> <strong>Tax</strong> General Order No.1 of 1998 dated 17.06.1998]<br />

[Issued by the CBR, Islamabad under the signature of Mr. Akhtar Ali Secretary (STP)<br />

addressed to all the Collectors.]<br />

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

SALES TAX CIRCULAR NO.3/1994 DATED 14 TH APRIL, 1994<br />

SUBJECT:- IN-CORRECT FORMAT OF ORDERS-IN-ORIGINAL, ORDERS-<br />

IN-APPEAL-RECTIFICATION THEREOF.<br />

It has been observed that orders-in-original and orders-in-appeal passed by quasijudicial<br />

authorities do not mention the relevant section and orders of the <strong>Sales</strong> <strong>Tax</strong> Act,<br />

1990 under which order-in-appeal passed by Collector of Appeals indicate at Serial No. 9<br />

of the format of the order that the appellant, if dissatisfied with the order-in-appeal may<br />

file a revision application to the Federal Government.<br />

2. In <strong>Sales</strong> <strong>Tax</strong> Act, there is no provision for revision by the Federal<br />

Government. If a person is aggrieved by the decision of the Collector (Appeals) he can<br />

file an appeal to the Appellate Tribunal under section 46 of the <strong>Sales</strong> <strong>Tax</strong> Act. Since<br />

Appellate Tribunal has not been constituted, Member (Judicial), Central Board of<br />

Revenue has been allowed to hear appeals under section 46 of the <strong>Sales</strong> <strong>Tax</strong> Act.<br />

(Reference General Order No. 5 of 1991 dated 23-10-1991).<br />

3. If a registered person or a Collector is not satisfied with an order passed<br />

by Appellate Tribunal/Member (Judicial) he may take further action in accordance with<br />

the provisions of section 47 of the <strong>Sales</strong> <strong>Tax</strong> Act. However, it may please be noted that a<br />

reference application under Section 47 can be made on QUESTION OF LAW ONLY.<br />

Moreover, this question of law must arise from the order passed under section 46 of the<br />

Act,. The <strong>Sales</strong> <strong>Tax</strong> law does not permit any reference under section 47 on a QUESTION<br />

OF FACT decided through an order passed under section 46 of the Act.<br />

4. In view of above, it is advised that:<br />

(a)<br />

(b)<br />

All orders passed by Officers of <strong>Sales</strong> <strong>Tax</strong> in any proceedings initiated<br />

by them must indicate the section of <strong>Sales</strong> <strong>Tax</strong> Act under which the<br />

order is being passed;<br />

Serial No. 9 of the preface of orders-in-appeal used by appellant<br />

Collectors may be suitable amended to indicate that if the appellant or<br />

the Department is dissatisfied with the decision, he may file an appeal to

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