Professional Documents
Culture Documents
Stax
Stax
Scope of Tax 2
• Goods 2
• Services 2
• Imports into Pakistan 2
Exempt Goods 2
Registration 2
• Who is to be registered? 3
• Procedure of Registration 3
• Where a person is to be registered? 3
• Information to be furnished for registration 3
• Change in particulars of registration 4
• Transfer of registration 4
• Revised registration certificate 4
• Deregistration 4
Filing of Sales Tax Return 4
• Monthly Return 4
• Quarterly Return 4
• Annual Return 4
• Electronic Filing 4
• Record Of Electronic Return 5
Penalties for Late Return Filing 5
Value of Supply 5
Time of Supply 6
• Local Goods 6
• Imported Goods 6
• Services 6
Sales Tax Invoice 6
• Composite Invoice 6
• Electronic Invoicing Between Buyers And Sellers. 6
Debit / Credit Notes: 7
• Cancellation or return of supply 7
• Increase in value of supply or the amount of sales tax 7
• Input tax adjustment in respect of supply which has been 7
cancelled.
Sales Tax Records 7
• Record of Sales 7
• Record of Purchases and imports 7
• Record of Payments / Receipt 7
• Other Record 8
• Retention Of Record And Documents 8
• 8
Input and Output Tax 8
• Output Tax 8
• Input Tax 8
• Tax Due 8
• Example 8
• Adjustable Input Tax 8
• Extent Of Adjustment Of Input Tax 8
• Input Tax Adjustment of Fixed Assets 8
• Non Adjustable Input Tax 8
• Partial Exemption / Apportionment 9
Adjudication 11
• Jurisdiction and Monetary Competence 11
• Requirement of show case notice 11
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1969, including the amount of customs duties • Courier Services
and central excise duty levied thereon. Beside these services there are three excisable
services on which Federal Excise duty is
Zero –Rated Supply:- collected in the sales tax mode. These are:
Zero rated supply means a taxable supply which
is charged to tax at the rate of zero percent. It is • Telecommunication services;
different from exempt supply in the sense that in • Travel by air or rail ( A/C, 1st class only);
case of exemption no sales tax is leviable and
whereas zero rated goods are chargeable to • Carriage of goods by air
sales tax but at the rate of zero percent. Added
benefit of zero- rated supplies is that input
adjustment/refund of sales tax paid on inputs is Imports into Pakistan
admissible. All goods imported into Pakistan are liable to
sales tax at the time of mport, except goods
SCOPE OF THE TAX specifically exempted under section 13 as
mentioned in Sixth Schedule to the Act.
Sales tax applies to the following:
EXEMPT GOODS.
Goods
All goods are taxable except those that have Under section 13 of The Sales Tax Act 1990, the
been exempted under section 13 of the Sales Sixth Schedule of the Sales Tax Act, 1990
Tax Act, 1990. For sales tax purposes goods specifically and explicitly mentions those goods
include every kind of movable property other on which exemption of sales tax is available.
than actionable claims, money, stocks, shares Other exemptions are available in various
and securities. notifications (SROs) issued by the Government
under section13. A complete list of such goods
Services:- can be obtained from local Sales Tax Office or
The following services have been brought under sales tax official web site , www.cbr.gov .pk.
the sales tax regime through respective
Provincial Ordinances and Islamabad Capital REGISTRATION
Territory Ordinance. Any person providing or
rendering the following services should register Who is to be registered?
with the sales tax department and pay sales tax.
a. All importers
b. All wholesalers (including
dealers) and distributors
• Services provided or rendered by hotels, c. Manufacturers not falling in
marriage halls, lawns, clubs and caterers. cottage industry. {Cottage
industry is defined as having
• Advertisements on Television and Radio annual turnover below Rs.5
excluding advertisements; million and whose annual utility
bill (including electricity , gas
o sponsored by a Government Agency for and telephone) does not exceed
health education; rupees six hundred thousand}.
o public service messages if telecast on d. Retailers (having value of
television by World Wildlife Funds for supplies of over 5 million
Nature or UNICEF. rupees, in any tax period during
the last 12 months.
• Services provided or rendered by persons e. A person required under any
authorized to transact business on behalf of Provincial or Federal Law to be
others; registered for purpose of any
duty or tax collected or paid as if
o custom agents; it were a levy of sales tax, e.g.
o ship chandlers; service providers like hotels,
o stevedores. clubs, caterers, customs agents,
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ship chandlers, stevedores,
courier services etc. Where a person is to be registered?
2. A non-corporate person is to be
g. A person who is required to be registered under the collectorate, where
registered by virtue of aforesaid the business is actually carried on.
criteria,but still avoids
registration, can be compulsorily 3. In case of non-corporate person having
registered by the department, single manufacturing unit and the same
after proper enquiry , under sub- is located in a different place than the
rule 1 of Rule 6 of Sales Tax business premises, in the Collectorate
Rules, 2006. having jurisdiction over the
manufacturing unit. A corporate person
Procedure of Registration has the option of transferring his
registration to the place of business.
1. The application may be submitted
electronically on Form STR-1 as well as Information to be furnished for
either through post or courier services to registration
Central Registration Office (CRO).
Application can also be sent to Local I. Complete business name
Registration Office (LRO) in the form of II. . Business nature, main /
hard copy. The LRO after proper activity or service;
scrutiny of documents and necessary
editing of the application and particulars, III. Complete address of Head
electronically forwards the application to Office and all business
CRO. units,godowns,outlets
mentioning, phone, fax, e-
2. All the columns of the Forms have to be mail, electricity, gas
duly filled in as per instructions given consumer no. etc.
with the Form. IV. All Bank account numbers,
with name and address.
V. NTN (National Tax Number)
3. After verification, the Central VI. NIC (National Identity Card
Registration Office will issue a Number) of the owner,
Registration Certificate bearing partners or directors of the
registration number and mail the same business (passport number
to the Registered Person, on a in case of foreigner).
prescribed Form (STR-5) VII. In case of a company,
registration number and
date of incorporation.
Office (CRO) normally verifies the contents VIII. Every director / member of
from the data available with it, but has an AOP has to fill in STR – 1
authority to get an enquiry conducted (A) Form.
through Local Registration Office, to verify IX. Date of commencement of
contents of declaration by a person. The business and initial capital
CRO may reject the application within fifteen employed.
days from the date, the complete application
is received in CRO, under intimation to the X. The mode of maintenances
applicant, specifying the reasons for such of business records should
rejection. also be mentioned.
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• who ceases to carry on the business, or
Change in particulars of
Registration • whose supplies become exempt from sales
tax, or
In case there is a change in the name • whose turnover becomes less than the
asddress , or other particulars as threshold level
stated in the registration certificate,
the registered peson shall notify the can apply for cancellation of the registration.
change in the prescribed form STR-2
to the CRO within fourteen days of
such change. The change in the
business category shall be allowed FILING OF SALES TAX RETURNS
after LRO has verified the
manufacturing facility and confirmed A Sales Tax return is the taxpayer’s document of
the status as industrial consumer of declaration through which taxpayer not only
the electricity and gas distribution furnishes the details of transactions during a tax
companies. period but also deposits his Sales Tax liability.
On the return form, the taxpayer declares for a
Transfer of Registration particular tax period and respective input tax and
output tax, at prescribed rate of Sale Tax. In
In case a registered person intends to case input tax exceeds output tax, the amount of
shift his business activity from the refund claimed or excess input tax is also
jurisdiction of one collectorate, to declared in the return. For different categories of
another collectorate, or as the case taxpayers, monthly, quarterly or annual returns
may be to an RTO or LTU, or he has may be filed on prescribed format as follows:-
any other valid reason for such
transfer, he shall apply to the CRO for Monthly Return
transfer of his registration , along with Under the standard procedure a registered
form STR-2. The CRO may subject to person is required to file monthly return by the
such conditions, limitations or 15th day of the month following the period in
restrictions as it may deem fit to which the supplies were made, in the designated
impose, by an order , transfer the branches of National Bank of Pakistan. In case
registration of a registered person of certain categories as mentioned below
from the jurisdiction of one procedure has been devised to file return on
collectorate , to another collectorate , monthly and quarterly basis.
or as the case may be to the LTU or
RTO. The return for the tax period in
which the registration is transferred Quarterly Return
shall be filed in the collectorate from The taxpayers falling exclusively in the category
where the registration is transferred. of commercial importer, i.e the importer who
imports taxable goods for business activity other
Revised Registration Certificate. than industrial use of such goods or
In case of multiple registrations, the manufacturing by himself, is required to file the
registered person shall apply on Form return on quarterly basis.
STR-1 for single registration to the
CRO which after ascertaining tax Annual Return
liabilities from concerned Collectorate A private or public, Ltd Company is to file annual
shall issue revised registration Sales Tax return, for a financial year by the 30th
certificate in which previous September of the following financial year.
registration number shall be merged.
Electronic Filing
Facility of Electronic filing of Sales Tax return
Deregistration has also been made available to the following
categories of registered persons.
A registered person can be deregistered
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a). the registered persons falling in Tax Rate
the jurisdiction of the Large Three different rates in the slabs of 15%’ 17.5%
Taxpayers Units, Karachi and, and 20% have been maintained. Sales Tax is
Lahore. levied at the rate of 20% on the import and
supply of seventy items as mentioned in Table-1
b). the private and public Ltd of the SRO 466(1)/2007 dated 27-06-2007,
companies registered in any whereas seven items mentioned in Table-2 of
Collectorate of Sales Tax. the same SRO Notification are subject to sales
tax at the rate of 17.5%. The remaining goods or
c). other taxpayers who may like to services are subject to the rate of 15%, unless
opt for electronic filing of sales they happen to be exempt from sales tax under
tax returns. the sixth schedule to the Sales Tax Act, 1990.
The procedure for e-filing has been laid down in Zero Rating
the Sales Tax General Order Zero rated goods are those goods on which the
No.4/2007.Aregistered person shall obtain a impact of tax paid is offset by subsequently
unique identifier and password by visiting FBR’s allowing refund or input adjustment equivalent
web portal at e.fbr.gov.pk. He can then file the to the tax already paid. Zero rating is different
return by selecting declaration “sales tax” from from exemption in the sense that no tax is to be
the web portal. The return data shall be filled in paid on the exempt goods whereas in case of
a web form and directly transferred to FBR’s zero rated goods not only that no sales tax is
server. payable on supply but refund or input tax
adjustment of tax already paid is allowed.
Record of Electronic Return
Following categories of goods fall in the
The electronic sales tax return and its relevant category of zero rated goods:
attachments, if any , shall be kept in electronic
record of the registered person and shall be (a) All exports (except those made by land route
produced to the officer- in- charge on demand to Afghanistan) are zero-rated.
along with the supportive documents. If the
delay is beyond 15 days, a penalty of Rs.5000/= (b) Other zero-rated supplies are mentioned in
is payable. section 4 and the Fifth Schedule of the Sales
Tax Act, 1990, which include supplies to
Penalties for Late Return Filing diplomats, privileged persons and privileged
If a return is not filed within 15 days after the end organizations, supplies of raw materials to
of the relevant tax period, a registered person Export Processing Zones,
will be liable to a penalty besides additional tax and
at the rate of Rs 100/- per day. If the delay is
beyond 15 days , a penalty of Rs. Five (c) Supplies made against international tenders.
Thousand is payable.
A person making both zero-rated supplies and
If full amount due is not paid, any outstanding taxable supplies or providing taxable services
balance will also attract additional tax and a will charge sales tax only on the taxable supplies
penalty. /services
.
If a registered person fails to deposit the correct VALUE OF SUPPLY
amount of tax for two consecutive months
he/she will be deemed to have committed a tax For sales tax purposes, ‘value’ means the value
fraud for which the penalty is Rs. 10,000 or five on which amount of sales tax is calculated. In
percent of the amount of tax involved, whichever case of local supply, the value is the amount
is higher, besides prosecution. paid for the goods or services including all the
federal and provincial taxes but excluding the
SALES TAX RATES amount of sales tax. Normal trade discounts are
allowed under sales tax law.
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For imported goods the value means the value • name, address & registration number of the
determined under the Customs Act, 1969 supplier;
including the amount of customs duty and
federal excise duty. • name, address & registration number of the
buyer;
The value of supply of goods as listed in the
Third Schedule of the Sales tax Act 1990 is • date of issue of invoice;
based on the retail price printed on the product.
The goods include fruit and vegetable juices, ice • description / quantity of goods;
cream, aerated water and beverages and
cigarettes. • value, exclusive of tax;
TIME OF SUPPLY
• amount of sales tax; and
Sales tax is chargeable at the time of supply of
goods or services. The time of supply means the
time of delivery of goods by the supplier. • the rate of discount, if offered;
EXPLANATION
• value inclusive of tax.
a) Where any goods are supplied by the
registered person to an associated person and
Composite Invoice:
the goods are not to be removed , the time of
If more than one type of goods or services such
supply shall be the time at which the goods are
as zero rated, exempt and taxable is included in
made available to the recipient.
the invoice, it must show the quantity, the
amount payable, the rate of sales tax and the
b) Where the goods are supplied under hire –
amount of tax for each type.
purchase agreement, the time of supply shall be
the time at which the agreement is entered into.
Electronic Invoicing Between Buyers And
Sellers A procedure has been
devised for the registered persons who opt for
Imported Goods
electronic transmission of sales tax invoices.
The time when sales tax is applicable for the
Every registered person who wishes to use
imported goods is the time of importation i.e.
electronic invoicing system shall seek prior
filing of bill of entry or customs declaration.
authorization in writing, from the concerned
Sales tax on imported goods is collected in the
collector ,before issuing electronic invoices. The
same manner and at the same time as if it were
registered person shall issue an electronic sale
customs duties on imported goods.
tax invoice for every taxable supply made by
him, containing such information as required
Services
under section 23 of the Act.The registered
The time of supply for services rendered is the
person shall retain the record and documents
date when the service to be performed is
for a period of five years on electronic media,.
completed.
A sales tax invoice may be generated and
SALES TAX INVOICE
transmitted electronically where the authenticity
of the origin and integrity of the invoice data are
In terms of section 23 of the Sales Tax Act, 1990
guaranteed by means of either an advanced
a registered person must provide a sales tax
electronic signature or electronic data
invoice for all taxable supplies.
interchange or by any other means approved by
the collector.The registered person shall
simultaneously transmit a copy of all such
The tax invoice should contain the following
electronically issued invoices to the Collector of
information;
Sales Tax. Same shall apply to the buyer who
receives electronic invoices from the registered
• a serial number supplier.
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“Debit Note” otherwise the contents of the debit
note are similar to credit note.
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(except utility bills) should be made through An Example
bank instruments indicating specified bank For example if a registered person has bought
accounts of both the persons i.e., sellers and goods that cost Rs 100 and he/she is charged
purchasers. It is recommended that records/ Rs 15 as sales tax (input tax) at the rate of
photocopies of all bank instruments through 15% his total purchase price becomes Rs 115. If
which payments of sales tax are made or he/she sells the goods for Rs 200 and charges
received must be kept along with bank Rs 30 @ 15%(as output tax) his total sale price
statements for the purpose of compliance of becomes Rs 230.
section 73 of the Act and to avoid audit
complications. Output tax (15% of 200) = Rs. 30
Less: Input tax (15% of 100) = Rs. 15
Other Records Tax due (Rs. 30 minus Rs. 15) = Rs. 15
A registered person should also keep record of
Adjustable Input Tax
• Zero-rated and exempt supplies, In a particular tax period, a registered person
can adjust input tax paid on goods and services
• Record of invoices, credit notes, debit notes, purchased from local market, imported from
bank statements, inventory records, abroad and goods purchased in auction during
that tax period. He/she can also claim input tax
• Utility bills, salary and labor bills, rental paid in the immediate twelve preceding tax
agreements, sale purchase agreements and periods by mentioning the reasons for not
lease agreements. claiming it earlier on the sales tax return.
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For further details please see SRO 490(I)/2004 Suppose:
dated June 12th 2004.
VTS=90, VES=60 then,
A tax credit cannot be claimed unless the
registered person holds a valid tax invoice or bill RITC (on taxable supplies) = 90 X 50
of entry or treasury challan Form in case of (90+60)
goods purchased in auction.
= 30
Input tax credit cannot be claimed also if Monthly adjustment of input tax claimed by a
payment of the amount of sales tax is not made registered person through above formula shall
or received through banking channel as be treated as provisional adjustment and at the
prescribed in section 73 of the Act. end of each financial year, the registered person
shall make final adjustment on the basis of
Partial Exemption / Apportionment taxable and exempt supplies made during the
Under the Sales Tax law, adjustment of input tax course of that year.
paid on raw materials, is admissible only in case
of taxable supplies. The law does not allow
adjustment of input tax paid on raw materials SALES TAX REFUNDS
relating to exempt supplies.
o If the input tax paid by a registered
There may be situations, where registered person on taxable purchases made
persons make taxable and exempt supplies during a tax period exceeds the output
simultaneously. In such situation following tax on account of zero rated local
formula has been devised in Chapter iv of Sales supplies or export made during that tax
Tax Rules 2006: period, the excess amount of input tax
RITC (on taxable supplies) = VTS X RIT shall be refunded to the registered
(VTS + VES) person not later than forty five days of
Where filing of refund claim in such manner and
subject to such conditions as the board
RITC=Residual input tax credit may , by a notification in the official
VTS= Value of Taxable Supplies Gazette specify.
Who can claim refund?
VES= Value of Exempt Supplies Refund of sales tax paid as input tax can be
claimed by the following registered persons in
RIT= Residual Input Tax the respective situations:
In the above formula, “residual input tax” means
the amount of tax paid on raw materials,
components and capital goods having used for (a) Registered manufacturer-
making taxable supplies as well as exempt cum-exporters and commercial
supplies, but does not include the input tax paid exporters who zero rate all or
on raw materials used wholly for making taxable part of their supplies under
or exempt supplies. section 4 of the Act;
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(d) Registered persons who customs officers; in case of
acquire tax paid inputs used in claims by persons other than
the export of goods , local manufacturer-cum-exporter of
supply of which is exempt under goods zero-rated in a
the Act or any notification issued notification issued under section
there-under. 4 of the Act.
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verifying that no adjustment or refund of input date, requiring him to show cause for payment
tax has been claimed earlier and that the goods of amount specified in the notice.
have been duly accounted for in the inventory
records and the invoices claimed are validated When the recovery of tax or refund is
by the CREST (Computerised Risk – Based necessitated due to any inadvertence , error or
Evaluation of Sales Tax) System. misconstruction, the person liable to make the
payment shall be served with show cause notice
within three years of the relevant date. The
expression relevant date means the time when
Refund of Amount Overpaid the tax was due to be paid , and in case where
If a registered person has over paid sales tax tax has been erroneously refunded, the date of
because of error, he/she may request a refund its refund.
of the over paid amount from the tax authorities
within one year after the payment is made or APPEAL TO THE COLLECTOR APPEALS.;-
after the decision or order causing the refund is
announced from the end of the period for which An appeal can be field with the Collector
a claim is made. (Appeals) against the order-in-original passed by
the Additional Collector, Deputy Collector,
Assistant Collector and Superintendent.
ADJUDICATION
Limitation of time:-
In situations which involve contravention on the An appeal before the collector (Appeals), has to
part of the registered person with respect to be filed within thirty days of the receipt of
assessment of tax, recovery of amount decision or order passed by the Additional
erroneously refunded, charging of default Collector, Deputy Collector, Assistant Collector
surcharge, imposition of penalty and any other or Superintendent.
contravention under the Sales Tax Act, the sales
tax officers are vested with the powers and Condonation of delay:-
jurisdiction to adjudicate such cases after An appeal preferred after the expiry of thirty
issuing the proper show cause notice and days may be admitted by the Collector (Appeals)
providing opportunity of hearing to the taxpayer. if he is satisfied that the appellant has sufficient
cause for not preferring the appeal within the
Jurisdiction and Monetary Competence:- specified period.
For the purpose of adjudication , the jurisdiction
of respective adjudicating officers is fixed Format of Appeal:-
according to the amount of tax involved or No specific format for appeal has been
amount erroneously refunded as following: prescribed under the law.It is however advisable
that Memo of appeal should be accompanied by
Additional Collector Unlimited supporting documents such as show cause
notice issued to the appellant by the adjudicating
Deputy Collector Above Rs.1 million officer at the original stage, order-in-original
And below Rs.2.5 passed by the adjudicating authority and the
million. documentary evidential material in support of the
appellant.
Assistant Collector Above Rs.10000 and
--- below Rs.1 million Requirement of partial payment of principal
amount:-
Superintendent Below Rs.10000 Any person desirous of, preferring an appeal
against any decision or order relating to any tax
Requirement of show cause notices for demand or any penalty imposed under the Sales
adjudication:- Tax Act, shall , before preferring the appeal
When the tax is not levied, short levied or deposit 15% of the principal amount of tax under
erroneously refunded by reason of some such decision or order.
collusion or some deliberate act, the person
liable to pay the tax or refund shall be served Grant of stay by the Collector:-
with a notice within five years of the relevant
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Once the appellant has deposited 15% of the The person aggrieved by the order of Appellate
principal amount of tax, recovery of remaining Tribunal may prefer an application to the High
amount of tax due shall be stayed for a period Court.
not exceeding six months following the day on
which the 15% amount of principal tax was Limitation of Time:-
deposited, unless the case is finally decided The reference has to be filed within ninety days
earlier. of the communication of the order of the
Appellate Tribunal.
Waiver of prior deposit of tax:-
In any case, where Collector (Appeals) is Issues on which reference can be filed:-
satisfied that the deposit of tax as aforesaid, is Reference to the High Court can be filed if a
likely to cause undue hardship to the appellant, question of law arises out of the Appellate
he may dispense with such deposit, subject to Tribunal’s order, against which application is
such conditions or restrictions, he may deem fit being preferred.
to impose.
Grant of stay by the High Court:
How the appeal is settled:- Notwithstanding that a reference has been made
The Collector of Sales Tax (Appeals) may, after to the High Court, the tax shall be payable in
giving both parties to the appeal an opportunity accordance with the order of the Appellate
of being heard, pass such order as be thinks fit, Tribunal. However, where a recovery of tax has
confirming, varying, altering, setting aside or been stayed by the High Court by an order, such
annulling the decision or order appealed against. order shall cease to have effect on the expiration
of a period of six months following the day on
APPEAL TO THE APPELLATE TRIBUNAL which it is made unless the reference is decided,
or such order is withdrawn , by the High Court,
An appeal can be filed against the order of the earlier.
Collector(Appeals) before the Appellate
Tribunal. Number of Copies of application:-
The application must be made in triplicate.
Limitation and computation of time:-
The limitation for preferring an appeal against Application Fee:-
any order or decision of an officer of Sales Tax The application must be accompanied with a
under the Act is 60 days from the date of receipt payment challan showing deposit of Rs. 100 in
of such order or decision. The day on which the the treasury, or National Bank of Pakistan or
order is passed and the period upto issue and State Bank of Pakistan.
receipt of the order is to be excluded in
computing the period of limitation of 60 days. LEAVE TO APPEAL TO THE SUPREME
COURT:-
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comprises one chairman and two members. The iii) A person who is undischarged
chairman and one member of the committee are insolvent.
from the private sector whereas the second
member is to be a Collector or an Additional On receipt of complaint for misconduct against
Collector. The applicant taxpayer is to submit an authorized representative, the adjudicating
the application to the Board in four copies, i.e, authority, Appellate Tribunal or the Board may
one copy for each of the official on the panel of disqualify him from representing the taxpayer
the committee and the remaining for the record.
The application should contain facts and How to appoint an authorized
arguments on the case and supporting representative:-
references such as copies of show cause notice, In order to appoint his authorized representative,
order- in –original, order- in- appeal and citations a taxpayer shall issue a letter of authorization,
and authorities to be quoted, if any.The Board, duly signed by the proprietor, partner or director
after scrutinizing the application , constitutes the of the company or, business concern, which
committee. The committee after affording the shall be submitted by the authorized
hearing opportunity to both the parties representative before the adjudicating authority
concludes its report of recommendations and or Appellate Tribunal.
forwards the same to the Board. The Board may
on the recommendation of the committee, pass
such order as it deems appropriate. In case the RECOVERY
matter is already sub-judice before any
authority, or tribunal or court, an agreement Initiation of Recovery
made between the registered person and the Once an amount of government dues is
Board in the light of recommendations of the adjudged against the taxpayer, on expiry of thirty
committee shall be submitted before that days from the date of such judgment, the
authority, tribunal or the court for consideration referring authority i.e, an officer not below the
and orders as deemed appropriate. rank of an Assistant Collector, desiring to
recover government dues may deduct the
TAXPAYER’S AUTHORIZED amount from any money owing to the person
REPRESENTATIVES from whom such amount is recoverable and
which may be at the disposal or in the control of
Who can be authorized?:- such officer.
A taxpayer can authorize the following persons
to represent the taxpayer before the adjudicating In case the government dues are not fully
authority and the Appellate Tribunal. recovered by way of aforesaid manner, the
referring authority may,-
i) A full time employer of the
taxpayer, holding at least a (a) serve a notice to the Sales Tax,
bachelor degree. Customs, Federal Excise and
ii) A practising lawyer Income Tax officers to deduct
iii) A person holding a bachelor or the Government dues from any
Masters degree in Commerce. money owing to the defaulter
iv) A retired officer of Sales Tax, which may be under their
Customs or Federal Excise control; and a copy of such
department who has put in at notice shall be endorsed to the
least 10 years of satisfactory defaulter;
service not lower than post of an
Assistant collector. (b) require by notice in writing, any
v) An accountant. person or organization who
holds, or may subsequently
Who cannot be authorised?:- hold, any money for or on
i) A person who has been convicted account of the defaulter, to pay
of criminal proceedings. to such officer the amount
ii) A person compulsorily dismissed or specified in the notice;
retired from service.
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(c) require, by notice in writing, the In the event of failure of aforesaid recovery
customs officers to stop the measures taken by the referring authority ,the
clearance of any goods referring authority, shall issue a demand note,
imported by the defaulter; and to the Recovery Officer, specifying therein the
details of Government dues meant for recovery
(d) attach the bank accounts of the and shall also certify that the formalities under
defaulter: clauses (a), (b), (c), (ca), (d) and (f) of sub-
section (1) of section 48 of the Act have been
Either before or after the initiation of recovery completed and there exists no bar or stay order
proceedings, the Collector may, if so requested against the proposed recovery.
by the person concerned, recover the dues in
such installments as he may deem proper. Attachment and sale of property.—
The Recovery Officer, on receipt of the demand
In case a registered person pays the amount of note, shall serve upon the defaulter a notice and
tax less than the due tax as indicated in his his movable and immovable property shall stand
return, the referring authority may directly attached and subsequently shall be sold if the
proceed to recover the short-paid amount by recovery is not otherwise effected.
attachment of the bank accounts of the defaulter
or through stoppage of clearances from the SALES TAX AUDIT
business premises, , after serving a notice for
payment of the short-paid amount in three days. All registered/enrolled taxpayers are liable to
audit by authorized sales tax Auditors at least
Stoppage of clearances and sealing of once in a year.
business premises.—
(1) In case the government dues are not In some cases Chartered Accountant or a Cost
recovered in the aforesaid manner, the referring & Management Accountant appointed by the
authority shall serve upon the defaulter a notice , CBR may also conduct audit.
informing him that removal of any goods from
his business premises shall be stopped with Advanced Audit Notice
effect from the date specified in the notice till The local Sales Tax Office informs the
such time the dues are paid or recovered in full: registered person about a proposed visit of the
auditor in advance. The advance notice
Provided that if the government dues still remain includes:
unpaid, the referring authority shall seal the
business premises of the defaulter till such time • details of the record required to be audited;
the dues are paid or recovered in full.
• the period to be covered;
(2) If the referring authority is satisfied that
the defaulter is likely to conceal, remove or • starting date for the audit; and
dispose of the whole or any part of such of his
movable or immovable property, as shall be • name of the auditors.
liable to attachment in the process of recovery,
and that the realization of government dues in Sometimes however, audit may be conducted
consequence be delayed or obstructed, he may without advance notice. In such an event, the
at any time after the issuance of the notice auditors will identify themselves, and show their
direct, for reasons to be recorded in writing, authority for the visit. If there are any doubts
execution of the notice by ignoring the specified about the veracity of the audit or the auditors, a
time limit. registered person may contact the Collector of
the local Sales Tax Office to confirm the
(3) The referring authority may, if he deems information given by the auditors.
fit, publish such recovery notice, in one or more
newspapers circulated in the district of normal A registered person is required to cooperate with
residence of the defaulter. the auditors and give all business records to
them. This includes:
Demand note.—
• sale and purchase invoices
14
Brochure 015 Sales Tax Guide
• sale and purchase ledgers or records
• inventory records
• Import documents
• Bank statements
Audit Observation
On completion of audit, the auditors will give a
copy of an audit observation pointing out any
contraventions of the Act or Rules. The
registered person has the right to present his
point of view on these observations within fifteen
days of the receipt of such observations.
Audit Report
In case the reply from the registered person is
not received within 15 days or the Assistant
Collector Audit is not satisfied with the reply,
he/she issues an audit report specifying the
violations of the Act or rules committed by the
registered person along with the amount of tax
or charge payable by the registered person.
Concessions
If a registered person deposits the amount of tax
short paid or evaded along with additional tax
before he/she receives a notice for audit, penalty
shall not be payable.
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Brochure 015 Sales Tax Guide
Government of Pakistan
Sales Tax & Federal Excise Return-cum-Payment Challan
Registry
Front Page
Details of taxable purchases from top 20 suppliers (exclude utilities and 3rd schedule items)
Note: Please provide complete invoice summary of all taxable purchases and sales electronically to CBR or manually to Collectorate, if not fully covered by details below.
Supplier's STRN Purchase % Rate Sales Tax Supplier's STRN Purchase % Rate Sales Tax
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
Sales Tax credit
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
- 0.0% - - 0.0% -
- 0.0% - Other suppliers - -
Total 100% -
Purchases Value Rate Sales Tax
1 Domestic taxable purchases/services @ 15% (Excl. Electricity, Natural Gas, fixed assets & 3rd Schedule items) - 15% -
2 Electricity - 15% -
3 Natural Gas - 15% -
4 Capital/ fixed assets to be credited in twelve parts Accumulated Amount x 1/12 - 15% -
5 Domestic taxable purchases @ 17.5% - 17.5% -
6 Domestic taxable purchases @ 20% - 20% -
7 Taxable Imports (excluding fixed assets) @ 15% - 15% -
8 Taxable Imports @ 17.5% - 17.5% -
Sales Tax Credit
59 Zero-rated clearances -
60 Exempt clearances -
61 Less: FED paid on goods used in manufacturing of Goods cleared for domestic consumption - -
62 Payable FED - Add 52 to 57 minus 61 (ignore negative value) -
63 Excise duty on import of edible oil Rs. / kg
64 Goods chargeable to special FED - 1% -
65 (-) Special FED on inputs used in manufacturing of Goods cleared for domestic consumption - 1% -
66 Payable Special FED (64 - 65) -
67 (-) FED paid on goods used in manufacturing of Goods exported (drawback) - -
68 (-) Special FED paid on goods used in manufacturing of Goods exported (drawback) - -
69 (-) Total FED Drawback (67 + 68) - -
70 Total FED (62 + 66 - 69) -
PDL
In my capacity as self/member or partner of association of persons/principal/ officer / trustee/ representative of named above, do solemnly declare that to the best of my knowledge
and belief the information given in this return is/ are correct and complete in accordance with the provisions of the Sales Tax Act, 1990, the Federal Excise Act, 2005, and rules and
notifications issued thereunder.
B03041 - PDL
x
INSTRUCTIONS-HOW TO FILL UP THE Tax Period:
RETURN
The tax period has to be mentioned in the
(1) These instructions are illustrative only. They format “mm yy”. For example, August 0 8 0 7
do not replace the legislation as laid down in 2007 is to be mentioned as
the Sales Tax Act, 1990 or the Federal Excise The persons filing the quarterly return shall
Act, 2005. mention the last month of the quarter. For
example, in case of quarter July to
2) This return is required to be filed by all
persons registered under the Sales Tax Act, September 2007, the month of
1990 and the Federal Excise Act, 2005. September 2007 should be 0 8 0 7
mentioned as follows:
(3) The return shall be filed printed on both
sides of paper.
Sales Tax Credit
(4) Form provided on website can be used for
manual filing. The taxpayer should also Details of taxable purchases from Top 20
manually calculate the data and reconcile with suppliers:
the ones used in the given worksheet and
correct where required. The formulas have Details of top 20 local suppliers with respect to
been provided for assistance only. The new tax charged are to be provided in descending
efiling module is to be launched by 4th or 5th order. After providing the details for top 19
August. All corporate persons and those in suppliers, the total for the remaining suppliers is
LTUs shall file the return electronically. to be provided in the last row. When a single
supplier is making supplies at multiple rates of
(5) Instructions relating to different parts of the sales tax, the supplies at each rate are to be
return are given below: provided in separate rows. In case there are no
taxable sales to registered persons and the total
Registry number of suppliers does not exceed nineteen,
the registered person shall not be required to
CNIC: furnish separate invoice summary as prescribed
under SRO 559(I)/2006 dated 5.6.2007.
The registered person having the status of
‘individual’ or ‘proprietor’ is required to mention
his Computerized National Identity Card Domestic Taxable purchases/ services
number. In all other cases this information can @15%, 17.5% and 20%:
be skipped.
Data of all purchases (goods & services) subject
Normal/ Revised: to tax at 15%, 17.5% and 20% is to be given
here after adjustment on account of debit/ credit
Normal return means the first return filed for notes. The figures for telecommunication
any specific tax period. A revised return can be services including telephone will be given here.
filed under section 26(3) of the Sales Tax Act,
1990. While filing the revised return, the Capital/ Fixed Assets to be credited in twelve
taxpayer shall tick the relevant box and fill in all parts:
the relevant data for the month including the
columns which were correctly filled in the The adjustment of sales tax on each fixed asset
normal return. has to be spread over twelve months.
‘Accumulated amount’ is the total value of fixed
Monthly/ Quarterly: assets against which adjustment has not been
completely made. For example, in the first
All registered persons are required to file return month fixed assets valuing Rs. 8,000 (sales tax
on monthly basis, except persons engaged Rs. 1200) were purchased and in the second
exclusively in commercial imports, who shall month assets worth Rs. 16,000 (Sales tax Rs.
file the same return on quarterly basis.
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Brochure 015 Sales Tax Guide
2400) were purchased; in first month the tax period. This amount constitutes the
accumulated purchases would be Rs. 8000 refund claim which will be processed under
and adjustment of Rs. 100 would be made. In refund rules, after the required documents/
the second month, accumulated purchases information have been provided. This amount
would be Rs. 24,000 and the adjustment of Rs. cannot be greater than the sum of total input tax
300 would be made. When all twelve for the month mentioned and the credit brought
instalments of adjustment against a particular forward. In case, there are local sales as well,
fixed asset have been availed, the value of the refund claim should be lower than the sum
such asset shall not be mentioned in as aforesaid.
accumulated amount.
Previous month credit brought forward:
Others (Pl. Specify):
This is the amount of tax which could not be
Data of all purchases/ imports on which sales adjusted previous month and should strictly be
tax has not been paid on the standard rates the amount mentioned in the column ‘Credit to
(15%, 17.5% or 20%) shall be given here. A be carried forward’ in the previous return. It is to
brief description must also be provided in the be noted that previous month’s refund claim
available space. should not be included in this column. In the
return for the tax period July 2007, this amount
Inadmissible input tax relating to exempt shall be zero.
supplies/ non-taxed services etc:
Accumulated Credit:
The input tax which is attributed to exempt
supplies or to non-taxable services is to be This is the total input tax available for
mentioned here. Any other input tax which is adjustment against output tax. This is the sum
not admissible as credit is also to be included. of total admissible Input tax for the month plus
If any part of input tax relates to both taxable Credit brought forward from the previous month
and exempt supplies or services, inadmissible minus Refund claim.
input tax is to be calculated in accordance with
the Apportionment Rules as in the Sales Tax Sales Tax Debit
Rules, 2006.
Taxable supplies chargeable @ 15%, 17.5%
Ship imports by ship-breakers: and 20%:
The LDT of ships imported during the current Data of all supplies subject to tax at 15%, 17.5%
month need to be mentioned. and 20% is to be given here after adjustment on
account of debit/ credit notes.
Commercial Imports (S.R.O. 645(I)/2007):
Taxable services rendered:
The commercial importers shall mention here
the total amount of sales tax paid i.e. 2% under The services chargeable to sales tax under
SRO 645(I)/2007 plus in addition to the tax provincial ordinances and the services subject
payable under section 3(1) and 3(2). The to FED in VAT mode are to be mentioned here.
amount of tax should be total tax i.e. paid at For example courier services and domestic air
normal rate plus 2% tax. travel services etc. will be mentioned here.
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Brochure 015 Sales Tax Guide
must also be provided in the available space. If a registered person is also withholding sales
tax under SRO 660(I)/2007, he shall mention
Electricity supplied to steel sector: the tax deducted during the tax period from the
amounts payable to suppliers.
The electricity distribution companies shall
mention the units supplied to steel sector as Federal Excise Duty
covered under the Sales Tax Special
Procedures Rules, 2007, on which sales tax is Excisable goods cleared for domestic
payable at the rate of Rs. 4.75 per unit.
Space has been provided for five types of
Sales Tax deducted by withholding agent @ excisable goods. If such goods are more than
1/5th of tax invoiced: five, then top four in terms of highest duty
payable should be specified and the rest should
This column allows a registered person to be clubbed and mentioned against the heading
subtract the sales tax which has been description ‘others’. Following nomenclature
deducted by a withholding agent from his should be adhered to while specifying the
output tax liability. Only the amount actually goods:
deducted needs to be mentioned.
1 Vegetable ghee and cooking oil
Commercial Importers: 2 Concentrates for aerated beverages
3 Aerated waters
The commercial importer shall provide the 4 Aerated waters with sweetener etc.
value and sales tax charged on all invoices 5 Aerated waters made from pulp/juice etc.
issued by him. In case the sales tax charged 6 Unmanufactured tobacco.
exceeds the amount paid on the same goods 7 Cigars, cheroots, cigarillos and
at import stage, the differential amount has to cigarettes
be mentioned in space provided. 8 Cement
9 Clinker
Invoices issued under Special procedures 10
Solvent oil (non-composite)
11
Where the registered person, other than a Other petroleum oils
commercial importer, is allowed to issue
12
invoices showing amount of sales tax but the Other fuel oils
actual tax liability has already been discharged,
13 Lubricating oils
such as in case of steel sector, the registered
14
person shall provide the value and sales tax Lubricating oil in bulk
charged on all invoices issued by him. This
detail is for information only and does not add 15
Lubricating oil if manufactured from
to the tax payable with the return. reclaimed oils
16 Mineral greases
Whether excluded from Section 8B(1), 17 Base lube oil
under SRO 647(I)/2007: 18 Transformer oil
19 Other mineral oils
The registered person should tick the relevant 20
box and calculate net liability and the amount Waste oil
of tax to be carried forwarded in accordance 21 Petroleum gases in liquefied state
with the formulas provided. 22
Natural gas in gaseous state and other
petroleum gases
Sales Tax withheld by the return filer
(STWH):
20
Brochure 015 Sales Tax Guide
23 Carbon black oil etc Special FED on inputs used in goods supplied
24 Methyl tertiary butyl ether (MBTE) during the tax period is to be given here.
25 Flavours and concentrates
26 Perfumes and toilet waters: Payment
27 Beauty or make-up preparations etc.
28 Preparations for hair Arrears and current liability:
29 Pre-shave, shaving or after-shave
preparations etc. In this part sales tax and FED arrears arising
30 Greases
from various orders, observations or voluntary
31 Organic composite solvents and thinners assessments can be mentioned and paid.
32 Other solvents excluding thinners
Separate space is provided for mentioning and
paying default surcharge and penalty due to late
Excisable services rendered: filing of the return being filed.
Excisable services on which FED is being Revision Credit (Credit due to revision of
charged (not in VAT mode) are to be declaration):
mentioned here; such as international air travel
and services chargeable to FED at 5% i.e.
In case the return is being revised, the credit of
insurance, non-fund banking services, the amount paid on the normal/ original return
franchise services etc. can be availed by mentioning the said amount.
21
Brochure 015 Sales Tax Guide
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