Sales Tax Act, 1990
Sales Tax Act, 1990
Sales Tax Act, 1990
The
1
Sales Tax Act, 1990
Contents
Chapter I…………………………………………………………………...7
Preliminary………………………………………………………… …….7
1. Short title, extent and commencement. ............................. ………..7
2. Definitions…………………………………………………… ..7-29
Chapter-II ...................................................................................... ……....29
SCOPE AND PAYMENT OF TAX………………..…………………....29
3. Scope of tax....................................................................... ..……..29
3A. Omitted ............................................................................. …..…..35
3AA. Omitted ............................................................................. ..……..35
3AAA. Omitted ............................................................................. …..…..35
3B. Collection of excess sales tax etc. ..................................... ..……..35
4. Zero rating. ........................................................................ ..……..35
5. Change in the rate of tax. .................................................. ..……..37
6. Time and manner of payment. .......................................... …..…..37
7. Determination of tax liability. ........................................... ……....39
7A. Levy and collection of tax on specified goods on value addition....41
8. Tax credit not allowed. ..................................................... ……....42
8A. Joint and several liability of registered persons in supply chain where
tax unpaid.-………………………………………………….........44
8B. Adjustable input tax. ......................................................... ……....45
9. Debit and credit note. ........................................................ …..…..46
10. Refund of input tax. .......................................................... ……....46
11. Assessment of Tax and recovery of tax not levied or short levied or
erronously refunded............... ........................................... …..… .48
11A. Short paid amounts recoverable without notice.– ............. ……....50
11B. Assessment giving effect to an order.– ............................. ……....50
11C. Power of tax authorities to modify orders, etc. ................. ……....51
12. Omitted ............................................................................. ……....51
13. Exemption.― .................................................................... ……....51
Chapter-III..................................................................................... ……....54
REGISTRATION ......................................................................... ………54
14. Registration. – ................................................................... ……....54
14A. Repealed.– ......................................................................... ……....54
14AB. Discontinuance of gas and electricity connections. – ....... ……....55
15. Omitted ............................................................................. ……....55
16. Omitted ............................................................................. ..……..55
2
Sales Tax Act, 1990
3
Sales Tax Act, 1990
4
Sales Tax Act, 1990
5
Sales Tax Act, 1990
63. Drawback on goods taken into use between importation and re-
exportation. ....................................................................... ……..126
64. Power to declare what goods are identifiable and to prohibit
drawback in case of specified foreign territory................. ……..126
65. Exemption of tax not levied or short levied as a result of general
practice .............................................................................. ……..126
66. Refund to be claimed within one year. ............................. ……..127
67. Delayed Refund. ............................................................... ……..128
67A. Payment of refund through sales tax refund bonds.. ......... ……..129
68. Liability of the registered person for the acts of his agent. ……..130
69. Issuance of duplicate of sales tax documents. .................. ……..130
70. Computation of limitation period...................................... ……..130
71. Special procedure. ............................................................. ……..131
72. Officers of Sales Tax to follow Board's orders, etc. ......... ……..131
72A. Reference to the authorities .......................................... ………...131
72B. Selection of audit by the Board ..................................... ………...132
72C. Reward to Inland Revenue Officers and Officials ........ ………...132
72D. Reward to whistleblowers ............................................. ………...132
73. Certain transactions not admissible. ................................. ……..133
74. Condonation of time-limit................................................. ……..135
74A. Validation. ......................................................................... ……..136
75. Application of the provisions of Act IV of 1969 to Sales Tax….136
76. Fee and service charges. ................................................... ……..136
77. Uniform……………. .................................................... …….…..137
SCHEDULES ........................................................................... ………...137
THE FIRST SCHEDULE (omitted)…. ........................................ ……..137
THE SECOND SCHEDULE (omitted) ........................................ ……..137
THE THIRD SCHEDULE ............................................................ ……..137
THE FOURTH SCHEDULE (omitted) ........................................ ……..141
THE FIFTH SCHEDULE ............................................................. ……..141
THE SIXTH SCHEDULE ............................................................ ……..147
THE SEVENTH SCHEDULE (omitted) .................................. ………...222
THE EIGHT SCHEDULE ........................................................ ………...222
THE NINTH SCHEDULE ....................................................... ………...234
THE TENTH SCHEDULE ....................................................... ………...236
THE ELEVENTH SCHEDULE ............................................... ………...239
THE TWELFTH SCHEDULE……………............................................243
THE THIRTEENTH SCHEDULE ........................................... ………...245
6
Sales Tax Act, 1990
The
Sales Tax Act, 1990
1[Act No. III of 1951 as Amended by Act VII of 1990]
An Act to consolidate and amend the law relating to the levy of a tax on the
sale 2[, importation, exportation, production, manufacture
or consumption] of goods
PRELIMINARY
[(1) “active taxpayer” means a registered person who does not fall
8
1
For Statements of Objects and Reasons see Gazette of Pakistan, dated the 30th March 1951, Pt. V. pp 36 and 37.
2
Substituted for the words “or consumption of goods” by the Finance Act, 1960.
3
Substituted for the words “or consumption of goods” by the Finance Act, 1960.
4
Chapter I to X substituted for Chapters I to XVI by the Finance Act, 1990.
5
Brackets and word “(Amendment)” omitted by the Finance Act, 1991.
6
Came into force by Notification No. S.R.O. 1100(I)/90, dated 28-10-1990 w.e.f. 1st November, 1990.
7
Section 2 Substituted by the Finance Act, 1996.
8
Clauses (1) and (1A) substituted for clause (1) by Finance Act, 2015.
7
Sales Tax Act, 1990
(b) fails to file the return under section 26 by the due date for two
consecutive tax periods;
(c) who fails to file an Income Tax return under section 114 or
statement under section 115, of the Income Tax Ordinance,
2001(XLIX of 2001), by the due date; and-
(d) who fails to file 10[quarterly] or an annual withholding tax
statement under section 165 of the Income Tax Ordinance,
2001;
tax due and payable by the person under this Act before that day but which
has not yet been paid; ]
13
[(3) “associates (associated persons)” means, –
(i) subject to sub-clause (ii), where two persons associate and the
relationship between the two is such that one may reasonably
be expected to act in accordance with the intentions of the
other, or both persons may reasonably be expected to act in
accordance with the intentions of a third person;
8
Sales Tax Act, 1990
(ii) two persons shall not be associates solely by reason of the fact
that one person is an employee of the other or both persons are
employees of a third person;
(d) a trust and any person who benefits or may benefit under
the trust;
9
Sales Tax Act, 1990
family, any artificial juridical person and anybody of persons formed under
a foreign law, but does not include a company;]
16
[(3AA) “banking company” means a banking company as defined in
the Banking Companies Ordinance, 1962 (LVII of 1962) and includes
anybody corporate which transacts the business of banking in Pakistan;]
14
Substituted for “Collector of Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment)
Ordinance, 2010, promulgated as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan Extraordinary part I at pages
23 to 53 and this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, published in
the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
15
Clause (3A) inserted by Finance Act, 2008.
16
Clause (3A) re-numbered as (3AA). Earlier it was inserted by Finance Act, 2004.
17
Clause (4) substituted by Finance Act, 2008. Earlier it was substituted by Finance Act, 2007.
10
Sales Tax Act, 1990
(c) a modaraba;
(d) a body incorporated by or under the law of a country outside
Pakistan relating to incorporation of companies;
18
Clause (4A) inserted by Finance Act, 2010 w.e.f. June 5, 2010The same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan Extraordinary part I at pages 23 to 53 and this
amendment was made
19
New clause 4AA inserted by Finance Act, 2021.
20
Clause (5) inserted by Finance Act, 2010 w.e.f. June 5, 2010The same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated
as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan Extraordinary part I at pages 23 to 53 and this amendment
was made Through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, published in the Gazette of Pakistan
Extraordinary Part I at pages 229 to 259.
21
Clause (5A) inserted by Finance Act, 2006. Earlier clause (5A) was omitted by Finance Act, 2004. Earlier it was inserted by Tax Laws (Amendments)
Ordinance, 1999.
22
Clause (5AA) inserted by Finance Act, 2008.
11
Sales Tax Act, 1990
(c) does not have a total labour force of more than ten workers; and
25
(d) annual turnover from all supplies does not exceed [eight]
million rupees;]
(6) “Customs Act” means the Customs Act, 1969 (IV of 1969), and
where appropriate all rules and notifications made under that Act;
27
[(6A) “defaulter” means a person and, in the case of company or
firm, every director, or partner of the company, or as the case may be, of the
firm, of which he is a director or partner or a proprietor and includes
guarantors or successors, who fail to pay the arrears;]
section 34;]
23
Clause (5AA) re-numbered as (5AAA) by Finance Act, 2008. Earlier it was inserted by Finance Act, 2006.
24
Clause (5AB) substituted by Finance Act, 2019.
25
Word “eight” substituted by Finance (Supplementary) Act, 2022.
26
CREST 5AC inserted by Finance Act, 2013.
27
Clause (6A) inserted by Tax Laws (Amendments) Ordinance, 1999.
28
Clause (6B) substituted by Finance Act, 2008. Earlier it was inserted by Finance Act, 2005.
12
Sales Tax Act, 1990
under section 52A for filing of electronic returns and such other documents
as may be prescribed by the Board from time to time, on behalf of a person
registered under section 14;]
37
[(9AA) ***]
company with this name as incorporated under the 40[Companies Act, 2017
(XIX of 2017)], for the purpose of settlement of sales tax and income tax
29
The words and figure inserted by Finance Act, 1998.
30
The words and figure inserted by Tax Laws Amendment Ordinance, 2000, dated 24th May, 2000.
31
Comma and words etc. “, sub-section (6) of section 26A” omitted by Finance Act, 2004.
32
The expression “and section 26AA omitted by Finance, Act, 2016.
33
Substituted for “20th” by Finance Act, 1998
34
Substituted for “Federal Government” by Finance Act, 2008
35
Expression inserted through Finance Act, 2016.
36
Clause (9A) inserted by Finance Act, 2006. Earlier clause (9A) was omitted by Finance Act, 2004. Originally it was inserted by Tax Laws
(Amendments) Ordinance, 2001.
37
Clause (9AA) omitted by Finance Act, 2004. Earlier it was inserted by Sales Tax (Amendment) Ordinance, 2001, dated February 7, 2001.
38
Existing clause re-numbered as clause (11B) and new clause (11A) inserted by Finance Supplementary (Second Amendment) Act, 2019
39
The word (Pvt) omitted by Finance Act, 2019.
40
Words substituted vide Finance Act, 2019
13
Sales Tax Act, 1990
[ (11B) “firm” means the relation between persons who have agreed to
41 10
share the profits of a business carried on by all or any of them acting for
all;]
(i) setup on land which not previously been utilised for any
commercial, industrial or manufacturing activity and is free
from constraints imposed by any prior work;
(iv) using any process or technology that has not earlier been used
in Pakistan and is so approved by the Engineering Development
Board; and
41
Clause (11A) inserted by Finance Act, 2008.
42
Expression omitted by Finance Act, 2023
43
New clause 12A inserted through Tax Laws (Amendment) Act, 2020 dated 30-3-2020.
14
Sales Tax Act, 1990
Provided that this definition shall be applicable from the 1st July,
2019 and onwards.”.]
(a) tax levied under this Act on supply of goods to the person;
(b) tax levied under this Act on the import of goods by the person;
(d) 48
[…….] 49[Provincial Sales Tax levied on services rendered or
provided to the person; and]
(e) levied under the Sales Tax Act, 1990 as adapted in the State of
Azad Jammu and Kashmir, on the supply of goods received by
the person;]
Rate prevalent on the first day of each quarter of the financial year;]
51
[(15) “Local Inland Revenue Office” means the office of
Superintendent of Inland Revenue or such other office as the Board may, by
notification in the official Gazette, specify;]
44
Word “lawfully” omitted by Finance Act, 2008
45
Clause (14) substituted by Finance Act, 2008.
46
Word “and” added at the end of clause through Finance, Act, 2016.
47
Word “and” omitted through Tax Laws (Amendment) Ordinance, 2016.
48
Expression omitted through Finance, Act, 2016.
49
Expression re-inserted through Tax Laws (Amendment) Ordinance, 2016 having affect from 01st day of July, 2016..
50
Clause (14A) inserted by Finance Act, 2009.
51
Clause (15) substituted by Finance Act, 2010 w.e.f. June 5, 2010. The same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan Extraordinary part I at pages 23 to 53 and this
15
Sales Tax Act, 1990
(c) any person, firm or company which owns, holds, claims or uses
any patent, proprietary, or other right to goods being
manufactured, whether in his or its name, or on his or its behalf,
as the case may be, whether or not such person, firm or
company sells, distributes, consigns or otherwise disposes of
the goods 52[:]
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
52
Substituted for the semi-colon by Finance Ordinance, 2000
16
Sales Tax Act, 1990
53
[Provided that for the purpose of refund under this Act, only such
shall be treated as manufacturer-cum-exporter who owns or has his own
manufacturing facility to manufacture or produce the goods exported or to
be exported;]
section 30;]
(a) tax levied under this Act on a supply of goods, made by the
person;
(b) tax levied under the Federal Excise Act, 2005 in sales tax mode
as a duty of excise on the manufacture or production of the
goods, or the rendering or providing of the services, by the
person;
57
[(c) sales tax levied on the services rendered or provided by the
person under Islamabad Capital Territory (Tax on Services)
Ordinance, 2001 (XLII of 2001);]
53
Proviso inserted by Finance Ordinance, 2000.
54
Clause (18) substituted by Finance Act, 2010 w.e.f. June 5, 2010. The same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan Extraordinary part I at pages 23 to 53 and this
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
55
New clause 18A inserted by Finance Act, 2021.
56
Clause (20) substituted by Finance Act, 2008. Earlier it was inserted by Finance Act, 2007.
57 Clause (c) substituted by Finance Act, 2020.
17
Sales Tax Act, 1990
58
[(21) “person” means,–
(a) an individual;
[(22A) “Provincial sales tax” means tax levied under, Provincial laws
59
58
Clause (21) substituted by Finance Act, 2008.
59
Clause (22A) inserted by Finance Act, 2008.
60
The word “Collector” was substituted for “Commissioner” by Finance (Amendment) ordinance, 2010 promulgated as Ordinance No. III of 2010
dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made through Finance
(Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of Pakistan
Extraordinary part I at pages 229 to 259.
61
Clause (25) substituted by Finance Ordinance, 2002.
18
Sales Tax Act, 1990
(27) “retail price”, with reference to the Third Schedule, means the
price fixed by the manufacturer 64[or importer, in case of imported goods]
65
[...], inclusive of all 66[duties], charges and taxes (other than sales tax
67
[...]) at which any particular brand or variety of any article should be sold
to the general body of consumers or, if more than one such price is so fixed
for the same brand or variety, the highest of such price 68[:].
69
[Provided that the Board may through a general order specify zones
or areas for the purpose of determination of highest retail price for any brand
or variety of goods.]
62
Words “shall remain liable to further tax under sub-section (1A) of section 3 and” omitted by Finance Act, 2004.
63
Clause (26) omitted by Finance Ordinance, 2002.
64
The expression inserted vide Finance Act, 2019.
65
Words “or the importer” omitted by Finance Act, 2005. Earlier these were inserted by Finance Act, 2003.
66
Words and comma inserted by Finance Act, 2007.
67
Words “and octroi” omitted by Finance Act, 1998.
68
The “semicolon” has been substituted by” colon” in Finance Act, 2014
69
Inserted by Finance Act 2014.
70
Words “not being a manufacturer or producer or an importer” omitted by Finance Act, 2003, after omission the commas become superfluous. Earlier
commas and words were inserted by Finance Act, 1998.
71
Substituted for the semi-colon by Finance Act, 2003.
72
Proviso inserted by Finance Act, 2003.
73
The comma, words and figures “, and his total turnover per annum shall be taken into account for the purposes of registration under section 14”
omitted by Finance Act, 2015.
74
Clause (28A) omitted by Finance Act, 2008. Earlier it was inserted by Finance Act, 1997.
19
Sales Tax Act, 1990
75
[(29A) “sales tax” means – –
(a) the tax, additional tax, or default surcharge levied under this
Act;
(c) any other sum payable under the provisions of this Act or the
rules made thereunder;]
75
Clause (29A) inserted by Finance Act, 2008.
76
Words inserted by Finance Act, 2022.
77
Clause (29A) renumbered as (29AA) by Finance Act, 2008. Earlier it was inserted by Finance Act, 2006.
78
Substituted for “resemble” by Finance Act, 2008.
79
Clause (31A) inserted by Finance Act, 1998.
80
Words etc. inserted by Finance Act, 2010 w.e.f. June 5, 2010.
81
Clause (33) substituted by Finance Act, 2008.
20
Sales Tax Act, 1990
Provided that the 88[Board, with the approval of the Federal Minister-
in-charge,] may, by notification in the official Gazette, specify such other
transactions which shall or shall not constitute supply;]
buyers and sellers from the stage of first purchase or import to the stage of
final supply;]
90
[(34)] tax”, unless the context requires otherwise, means sales tax;]
82
Word “and” omitted by Finance Act, 2015.
83
Semi-colon and word “and” substituted for colon by Finance Act, 2015. Semi-colon and word “and” substituted for colon by Finance Act, 2015.
84
Word “and” omitted by Finance Act, 2022.
85
Clause (d) added by Finance Act, 2015.
86
Semi colon and the word “and” substituted by Finance Act, 2022.
87 Sub-clause (e) omitted by Finance Act, 2023
88
The words “Federal Government” substituted with the expression vide Finance Act, 2019.
89
Clause (33A) inserted by Finance Act, 2013.
90
Clause (34) substituted by Finance Act, 2008.
91
Clause (35) substituted by Finance Act, 2008.
21
Sales Tax Act, 1990
(ii) omitting to take any action or causing the omission to take any
action, 92[including the making of taxable supplies without
getting registration under this Act 93[[; or],]
92
Words etc. inserted by Finance Act, 2004.
93
Substituted for comma by Finance Act, 2005
22
Sales Tax Act, 1990
94 95 96
[(iii)] falsifying [or causing falsification [of] the sales tax
invoices,]
(39) “taxable goods” means all goods other than those which have
been exempted under section 13;
(43) “tax period” means a period of one month or such other period
as the 102[Board, with the approval of the Federal Minister-in-charge,] may
103
[, ] by notification in the official Gazette, specify;
94
Sub-clause (iii) inserted by Finance Act, 2005.
95
Words inserted by Finance Act, 2007.
96
Word “of” inserted by Finance Act, 2021.
97
Words inserted by Finance Ordinance, 2000.
98
Clause (38) omitted by Finance Act, 2004.
99
The words “In Pakistan” omitted by Finance Act, 2003.
100
The words and commas inserted by Finance Act, 1998.
101
Clause (42) omitted by Finance Act, 1997.
102 102
The words “Federal Government” substituted with the expression vide Finance Act, 2019.
103
Substituted for semi-colon by Finance Act, 2008
104
Clause (43A) inserted through Finance Act, 2017
105
Expression substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020 substituted expression read as under:
“Tier-1 retailers means”
23
Sales Tax Act, 1990
112
[(g) a retailer whose deductible withholding tax under sections
236G or 236H of the Income Tax Ordinance, 2001(XLIX of
2001) during the immediately preceding twelve consecutive
months has exceeded the threshold as may be specified by the
Board through notification in the official Gazette; and
113
[***]
114
[(h) any other person or class of persons as prescribed by the
Board.]
115
[(44) “time of supply”, in relation to,–
106
Word “six” substituted by “twelve” though Tax Laws (Amendment) Act, 2020, dated 30-3-2020
107
The word “and” omitted vide Finance Act, 2019.
108
The word “and” omitted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
109
Sub-clause (e) omitted by Finance Act, 2023
110
New clause (f) inserted by Finance Act, 2021.
111
Word “and” omitted by Finance (Supplementary) Act, 2022.
112
New clause (g) inserted by Finance (Supplementary) Act, 2022.
113
Sub-clause (ga) omitted by Finance Act, 2023
114
Existing clause (f) re-numbered as clause (h) by Finance Act, 2021.
115
Clause (44) (44 A) and (44 AA) substituted for clause (44) by Finance Act, 2008.
24
Sales Tax Act, 1990
116
Words omitted by Finance Act, 2021.
117
Proviso added by Finance Act, 2013.
118
Clause (45) omitted by Finance Act, 2004.
119
Words inserted by Finance Act, 1999.
25
Sales Tax Act, 1990
Provided that –
(e) in case where there is sufficient reason to believe that the value
of a supply has not been correctly declared in the invoice, the
120
Words “and” omitted by Finance Ordinance, 2001.
121
Word inserted by Finance Ordinance, 2001.
122
Sub-clause (iii) inserted by Finance Ordinance, 2001.
123
The expression inserted vide Finance Act, 2019.
124
Words etc. “or 25B” omitted by Finance Act, 2004.
125
The word “and” omitted by Finance Supplementary (Amendment) Act, 1997. Earlier the same amendment was made by Sales Tax (Second
Amendment) Ordinance, 1996, dated 2nd November, 1996; and again was made by the Sales Tax (Amendment) Ordinance, 1979.
26
Sales Tax Act, 1990
126
Substituted for “Sales Tax Department” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment)
ordinance 2010 promulgated as Ordinance No. III of 2010 dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages
23 to 53 and this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October
28, 2009, published in the Gazette of Pakistan Extraordinary part I at pages 229 to 259.
127
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) ordinance 2010
promulgated as Ordinance No. III of 2010 dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published
in the Gazette of Pakistan Extraordinary part I at pages 229 to 259.
128
Word etc. “; and” substituted for “colon” by Finance Supplementary (Amendment) Act, 1997. Earlier it was substituted by Sales Tax (Second
Amendment) Ordinance, 1996, dated 2nd November, 1996; and again was made by the Sales Tax (Amendment) Ordinance, 1979.
129
The word “and” omitted vide Finance Act, 2019.
130
Sub clause (f) substituted by Finance Act, 2019. Earlier it was substituted by Sales Tax (Second Amendment) Ordinance, 1996, dated 2nd November,
1996; and again was made by the Sales Tax (Amendment) Ordinance, 1997.
131
Sub-Clause (g) inserted by Finance Act, 1997.
132
Clauses (h) and (i) added by Finance Act, 2019.
133
The words inserted by Finance Act, 2020, shall be deemed to have been inserted with effect from 1st July, 2019.
134
The word “and” omitted by Finance Act, 2020, the word “and” and “new clause j” inserted by Finance Act, 2020.
135
For expression “and” expression “:” substituted and thereafter Explanation inserted by Finance Act, 2022.
27
Sales Tax Act, 1990
136
Expression inserted by Tax Laws (Second Amendment) Ordinance, 2022.
137
Provisos substituted by Finance Act, 2006.
138
Clause (46A) added by Finance Act, 2015.
139
Words inserted by Finance Act, 1997.
140
The words, brackets and figures inserted by Finance Act, 1998.
28
Sales Tax Act, 1990
goods to 141[a person 142[who deducts income tax at source under the Income
Tax Ordinance, 2001 (XLIX of 2001)]] 143[...]; and
Chapter-II
SCOPE AND PAYMENT OF TAX
141
Substituted for “person deducting advance tax under sub-section (4) of section 50 of the Income Tax, 1979 (XXXI of 1979)” by Finance Act, 2004.
142
Substituted for “whose income is not liable to tax under the Income Tax Ordinance, 2001 (XLIX of 2001) but has deducted income tax at source
under section 153 of the said Ordinance” by Finance Act, 2006.
143
Comma and words “, and a person who in addition to making retail supplies is engaged in wholesale business” omitted by Finance Act, 2008.
144
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
145
Words “ in Pakistan” omitted by Finance Act, 2003
146
Words substituted by Finance Act, 1996.
147
Words inserted through Finance Act, 2017
148
Sub section (1A) inserted by Finance Act, 2013.
149
Words inserted by Finance Act, 2022.
150
For the word “three” the word “four” substituted by Finance Act, 2023
151
The expression inserted through Finance Act, 2017
29
Sales Tax Act, 1990
152
[(1B) On the goods specified in the Tenth Schedule, in lieu of
levying and collecting tax under sub-section (1), the tax shall be levied and
collected, in the mode and manner specified therein−
152
Clause (1B) substituted vide Finance Act, 2019.
153
Word substituted by Finance Act, 2021.
154
Sub section (2) substituted by Finance Act, 2001
155
The expression inserted through Finance Act, 2019.
156
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
157
The expression inserted through Finance Act, 2017
158
The words “or imports” inserted vide Finance Act, 2019.
159
The expression inserted through Finance Act, 2019.
160
Substituted for “; and” by Finance Act, 2007.
161
The word ‘; and” omitted by Finance Act, 2014.
162
New proviso inserted by Finance (Supplementary) Act, 2023.
30
Sales Tax Act, 1990
163
Proviso inserted by Finance Act, 2007.
164
Word inserted by Finance (Supplementary) Act, 2023.
165
Word “Board” substituted by Finance (Supplementary) Act, 2022.
166
The words “or imports” inserted through Finance Act, 2019.
167
The words “or imports” inserted through Finance Act, 2019.
168
Word “and” omitted by Finance Bill, 2014.
169
Inserted by Finance Act, 2014
170
Clause (b) substituted by Finance Act, 2015.
171
Words “Federal Government” substituted by Finance Act, 2018.
172
Words “in Pakistan” omitted by Finance Act, 2003.
173
Sub-section 3A inserted by Finance Act, 1998.
174
The expression inserted through Finance Act, 2019.
31
Sales Tax Act, 1990
respect of which the liability to pay tax shall be of the person receiving the
supply.]
175
[(3B) Notwithstanding anything contained in sub section (1) and (3),
sales tax on the import and supply of the goods specified in the Ninth
Schedule to this Act shall be charged, collected and paid at the rates, in the
manner, at the time, and subject to the procedure and conditions as specified
therein or as may be prescribed, and the liability to charge, collect and pay
the tax shall be on the persons specified therein.]
176
[(4) ***]
177
[(5) The 178[Federal Government] may, in addition to the tax levied
under sub-section (1) 179[…], 180[…] sub-section (2) and sub-section (4),
levy and collect 181[“tax at such extra rate or amount”] not exceeding
182
[eighteen] per cent of the value of such goods or class of goods and on
such persons or class of persons, in such mode, manner and at time, and
subject to such conditions and limitations as it may, by rules, prescribe.]
183
[(6) The Federal Government or 184[the Board] may, in lieu of the
tax under sub-section (1), by notification in the official Gazette, levy and
collect such amount of tax as it may deem fit on any supplies or class of
supplies or on any goods or class of goods and may also specify the mode,
manner or time of payment of such amount of tax.
185
[(7) The tax shall be withheld 11[***] at the rate as specified in the
Eleventh Schedule, by any person or class of persons 186[being purchaser of
goods or services 187[, other than the services liable to pay sales tax
under a Provincial enactment,] as withholding agent for the purpose of
depositing the same, in such manner and subject to such conditions or
175
Inserted by Finance Act 2014
176
Sub section (4) omitted by Finance Act, 2008.
177
Sub section (5) inserted by Finance Act, 1999.
178
Words “Federal Government” substituted by Finance Act, 2018.
179
Word etc. “and (1 A)” omitted by finance Act, 2004.
180
Word etc. “clause (C) of” omitted by Finance Ordinance, 2002
181
Words substituted by Finance Act, 2013.
182
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
183
Sub section (6) inserted by Finance Ordinance 2001
184
Substituted for “Central Board of Revenue” by Finance Act, 2007
185
Sub-section (7) substituted by Finance Act, 2019.
186
The words omitted and the expression inserted by Finance Act, 2020.
187
Expression inserted by Finance Act, 2022.
32
Sales Tax Act, 1990
[Provided that in case of the online market place facilitating the sale
of third party goods, the liability to withhold tax on taxable supplies of such
party at the rates specified in column (4) against S. No. 8 of the Eleventh
Schedule to the Sales Tax Act, 1990 shall be on the operator of such market
place.]
189
[(8) Notwithstanding anything contained in any law or notification
made thereunder 190[, but subject to the provisions of clause (b) of sub-
section (2)] in case of supply of natural gas to CNG stations, the Gas
Transmission and Distribution Company shall charge sales tax from the
CNG stations at the rate of 191[eighteen] per cent of the value of supply to
the CNG consumers, as notified by the Board from time to time, but
excluding the amount of tax, as provided in clause (46) of section 2.
be charged from retailers, other than those falling in Tier-1, through their
monthly electricity bills, at the rate of five percent where the monthly bill
amount does not exceed rupees twenty thousand and at the rate of seven and
half percent where the monthly bill amount exceeds the aforesaid amount
and the electricity supplier shall deposit the amount so collected directly
without adjusting against his input tax:
Provided that the tax under this sub-section shall be in addition to the
tax payable on supply of electricity under sub-sections (1), (1A) and (5):
188
Colon and proviso inserted by Finance Act, 2022.
189
Sub-section 8 Inserted by Finance Act, 2014.
190
Comma and words inserted by Finance Act, 2015.
191
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
192
Sub-section 9 substituted by Tax Laws (Second Amendment) Ordinance, 2022 and shall be deemed to have
been so substituted from the 01st day of July, 2022.
33
Sales Tax Act, 1990
193
[(9A) Notwithstanding anything contained in this Act, Tier-1 retailers
shall pay sales tax at the rate as applicable to the goods sold under relevant
provisions of this Act or a notification issued there under:
194
[****]
Provided further that from such date, and in such mode and manner,
as prescribed by the Board, all Tier-1 retailers shall integrate their retail
outlets with Board’s computerized system for real-time reporting of sales.]
195
[(9AA) In respect of goods, specified in the Thirteenth Schedule,
the minimum production for a month shall be determined on the basis of a
single or more inputs as consumed in the production process as per criterion
specified in the Thirteenth Schedule and if minimum production so
determined exceeds the actual supplies for the month, such minimum
production shall be treated as quantity supplied during the month and the
liability to pay tax shall be discharged accordingly.]
196
[(10) *** repealed]
197[(11)
Notwithstanding anything contained in the Act, the
Board through Notification in the official Gazette, may require class
of persons to integrate their invoice issuing machines with the
Board’s Computerized System for real time reporting of sales in such
mode and manner and from such date as may be prescribed.]
198
[(12) Notwithstanding anything contained in this Act, the
Federal Government may, in lieu of or in addition to the tax under sub-
section (9), by notification in the official Gazette, levy and collect such
amount of tax at such rates and from such date as it may deem fit, from
retailers, other than those falling in Tier-1, through their monthly electricity
bill, and may also specify the mode, manner or time of payment of such tax:
193
Sub-section (9A) substituted through Finance Act, 2019.
194
First proviso omitted by Finance Act, 2021.
195
New sub-section inserted by Finance Act, 2021.
196
Section 10 repealed which was earlier inserted by Tax Laws (Third Amendment) Ordinance, 2021.
197
New sub-section (11) added by Finance Act, 2022.
198
New sub-section (12) added by Tax Laws (Second Amendment) Ordinance, 2022.
34
Sales Tax Act, 1990
199
[3A. ***]
200
[3AA. ***]
201
[3AAA. ***]
202
[3B. Collection of excess sales tax etc.– (1) Any person who has
collected or collects any tax or charge, whether under misapprehension of
any provision of this Act or otherwise, which was not payable as tax or
charge or which is in excess of the tax or charge actually payable and the
incidence of which has been passed on to the consumer, shall pay the
amount of tax or charge so collected to the Federal Government.
203
[(2) Notwithstanding anything contained in any law or
judgement of a court, including the Supreme court and a High court, any
amount payable to the Federal Government under sub-section (1) shall be
deemed to be an arrear of tax or charge payable under this Act and shall be
recoverable accordingly and any claim for refund in respect of such amount
shall neither be admissible to the registered person nor payable to any court
of law or to any person under direction of the court.]
(3) The burden of proof that the incidence of tax or charge referred
to in sub-section (1) has been or has not been passed to the consumer shall
be on the person collecting the tax or charge.]
199
Section (3A) omitted by Finance Act, 2004.
200
Section (3AA) omitted by Finance Act, 2008.
201
Section (3AAA) omitted by Finance Act, 2002.
202
Old section (3A) renumbered as (3B) by Finance Act, 1996.
203
Sub-section (2) substituted by Finance Act, 2014.
204
The expression inserted through Finance Act, 2017
205
Words “a Supply of” omitted by Finance Act, 2004.
35
Sales Tax Act, 1990
(ii) have been entered for export under Section 131 of the
Customs Act, 1969 (IV of 1969), but are not exported
208
[***] 209[; or]
210
(iii) [have been exported to a country specified by the
Federal Government, by Notification in the official
Gazette 211[:]
212
[Provided further that the Federal Government may, by a
notification in the official Gazette, restrict the amount of credit for input tax
actually paid and claimed by a person making a zero-rated supply of goods
otherwise chargeable to sales tax.]
206
Clause (c) substituted through Finance Act, 2019.
207
Clause (d) omitted by Finance Act, 2019.
208
Words omitted by Finance Act, 1999.
209
Substituted for “full stop” by Finance Act, 1991.
210
Added by Finance Act, 1991.
211
Substituted for “full stop” by Finance Act, 1996.
212
Proviso added by Finance Act, 1996.
36
Sales Tax Act, 1990
(ii) in case the goods are cleared from warehouse, on the date
on which a 214[goods declaration] for clearance of such
goods is presented under section 104 of the Customs Act,
1969 (IV of 1969);
Provided further that if the tax is not paid within seven days of the
of the [goods declaration] 216[under section 104 of the Customs Act,] the
215
tax shall be charged at the rate as is in force on the date on which tax is
actually paid.
213
Words “in Pakistan” omitted by Finance Act, 2003
214
Substituted for “bill of entry” by Finance Act, 2005
215
Substituted for “bill of entry” by Finance Act, 2005
216
Words, figure and comma inserted by the Finance Act, 1996.
217
The Words inserted in place of “IV of 1969” by Finance Act, 1996
218
The words inserted by Finance Act, 1998.
219
Words “including recovery” inserted by Finance Act, 2015.
37
Sales Tax Act, 1990
220
[(1A) Notwithstanding anything contained in any other law for the
time being in force, including but not limited to the Protection of Economic
Reforms Act, 1992 (XII of 1992), and notwithstanding any decision or
judgment of any forum, authority or court whether passed, before or after
the promulgation of the Finance Act, 1998 (III of 1998), the provisions of
section 31-A of the Customs Act, 1969 (IV of 1969), referred to in sub-
section (1) shall be incorporated in and shall be deemed to have always been
so incorporated in this Act and no person shall be entitled to any exemption
from or adjustment of or refund of tax on account of the absence of such a
provision in this Act, or in consequence of any decision or judgment of any
forum, authority or court passed on that ground or on the basis of the
doctrine of promissory estoppel or on account of any promise or
commitment made or understanding given whether in writing or otherwise,
by any government department or authority.]
220
Sub Section (1A) inserted by Sales Tax (amendment) Ordinance, 2002 dated June 07, 2002 and shall be deemed to have always been so inserted.
221
Words “ in Pakistan” omitted by Finance Act, 2013
222
Words substituted through Finance, Act, 2016.
223
Substituted for full stop by Finance Act, 1997
224
Proviso inserted by Finance Act, 1997
225
Sub Section III substituted by Finance Act, 1996.
226
Words “made in Pakistan” omitted by Finance Act, 2003.
38
Sales Tax Act, 1990
227
[4. ***]
228[(5)
The Federal Government may, subject to such
conditions, limitations and restrictions as it may impose, by
notification in the official Gazette, allow payment of sales tax on
installments basis by the Federal or Provincial Governments or any
public sector organization on import or supply of any goods or class
of goods:
39
Sales Tax Act, 1990
241
The expression substituted through Finance Act, 2019.
242
A Colon substituted the semi colon & Proviso added through Finance, Act, 2016.
243
Clause (ii) substituted by Finance Act, 2003.
244
Expression “, section 81” inserted by Finance Act, 2015.
245
Clause (iii) inserted by Finance Ordinance, 2002
246
Comma and words inserted by Finance Act, 2004.
247
Clause (iv) omitted by Finance Act, 1997.
248
Sub Section (3) inserted by Finance Ordinance, 2002.
249
The expression substituted by Finance Act, 2019.
250
Sub Section (4) inserted by Finance Act, 2007.
251
Words “Federal Government” substituted by Finance Act, 2018.
40
Sales Tax Act, 1990
252
New sub-section inserted by Finance Act, 2020.
253
Section (7A) inserted by Finance Act, 2003.
254
Renumbered by Finance Act, 2004
255
Sub-section (2) substituted vide Finance Act, 2019.
41
Sales Tax Act, 1990
256
Section (8) substituted by Finance Act, 1996.
257
Clause (a) substituted by Sales Tax (amendment) Ordinance, 2001 dated February 07, 2001.
258
Words inserted by Finance Act, 2008.
259
Words “for the manufacture of production of manufacture goods or,” omitted by Finance Act, 2007.
260
Words “Federal Government” substituted by Finance Act, 2018.
261
Substituted for full stop by Finance Act, 1999
262
Word “and” omitted by Finance Act, 2004.
263
Clause (c) inserted by Finance Act, 1999.
264
Word “on” omitted by Finance Act, 2004.
265
Substituted for subsection (1A) and Finance Act, 2004.
266
Substituted for the full stop by Finance Act, 2004.
267
Clause (ca) inserted by Finance Act, 2006.
268
Words inserted by Finance Act, 2008.
269
Clause (caa) inserted by Finance Act, 2013
270
Clause (d) inserted by Finance Act, 2004.
271
The word “and “omitted by Finance Act 2014.
272
Inserted by Finance Act, 2014.
42
Sales Tax Act, 1990
273
[(g) goods and services acquired for personal or non-business
consumption;]
274
[(h) goods used in, or permanently attached to, immoveable
property, such as building and construction materials, paints,
electrical and sanitary fittings, pipes, wires and cables, but
excluding 275[pre-fabricated buildings and] such goods
acquired for sale or re-sale or for direct use in the production
or manufacture of taxable goods; 276[***]]
277
[(i) vehicles falling in Chapter 87 of the First Schedule to the
Customs Act, 1969 (IV of 1969), parts of such vehicles,
electrical and gas appliances, furniture furnishings, office
equipment (excluding electronic cash registers), but excluding
such goods acquired for sale or re-sale] 278[;]
279
[(j) services in respect of which input tax adjustment is barred
under the respective provincial sales tax law;
(l) from the date to be notified by the Board, such goods and
services which, at the time of filing of return by the buyer, have
not been declared by the supplier in his return 280[or he has not
paid amount of tax due as indicated in his return; and
281
[(m) the input goods 282[or services] attributable to supplies made to
un-registered 283[distributor], on pro-rata basis, for which sale
invoices do not bear the NIC number or NTN as the case may
be, of the recipient as stipulated in section 23.]
273
Inserted by Finance Act, 2014.
274
Inserted by Finance Act, 2014.
275
Words inserted by Finance Act, 2015.
276
Word “and” omitted by Finance Act, 2015.
277
Inserted by Finance Act, 2014.
278
Semi-colon substituted for full stop by Finance Act, 2015.
279
Clauses (j), (k) and (l) added by the Finance Act, 2015.
280
Expression added through Finance Act, 2016.
281
Clause (m) substituted through Finance Act, 2019.
282
The words inserted by Finance Act, 2020.
283
Word “person” substituted by Finance Act, 2022.
43
Sales Tax Act, 1990
284
Sub-Section (4) omitted by Finance Act, 1999.
285
Sub-section (5) inserted by Finance Act, 1999.
286
Sub-section (6) inserted by Sales Tax (Amendment) Ordinance, 2001 dated February 7, 2001.
287
The expression substituted by Finance Act, 2019.
288
Words “or enrolled” omitted by Finance Act, 2004.
289
Sub-section (7) omitted by Finance Act, 2004. Earlier it was inserted by Sales Tax (Amendment) Ordinance, 2001, dated February 7, 2001.
290
Section 8A inserted by Finance Act, 2006.
291
Expression added by Finance Act, 2015.
44
Sales Tax Act, 1990
such person as well as the person making the taxable supply shall be jointly
and severally liable for payment of such unpaid amount of tax 292[:]]
293
[Provided that the Board may by notification in the official
gazette, exempt any transaction or transactions from the provisions of this
section.]
294
[8B. Adjustable input tax.– (1) Notwithstanding anything
contained in this Act, in relation to a tax period, a registered person 295[***]
shall not be allowed to adjust input tax in excess of ninety per cent of the
output tax for that tax period:
296
[Provided that the restriction on the adjustment of input tax in
excess of ninety percent of the output tax, shall not apply in case of fixed
assets or Capital goods:]
292
Substituted for full stop by Finance Act, 2007.
293
Proviso inserted by Finance Act, 2007.
294
Section 8B inserted by Finance Act, 2007.
295
Words omitted by Finance Act, 2022.
296
Proviso substituted by Finance Act, 2011.
297
Words inserted by Finance Act, 2009.
45
Sales Tax Act, 1990
298
New sub-section (4A) inserted by Finance Act, 2020.
299
New sub-section (6) inserted through Finance Act, 2019.
300
Expression substituted by Finance Act, 2021.
301
Section 10 substituted by Finance Act, 2007. Earlier it was also substituted by Finance Act, 1998 and Finance Act, 1996
46
Sales Tax Act, 1990
tax on account of zero rated local supplies or export made during that tax
period, the excess amount of input tax shall be refunded to the registered
person not later than forty-five days of filing of refund claim in such manner
and subject to such conditions as the Board may, by notification in the
official Gazette specify:
302
[Provided that in case of excess input tax against supplies other
than zero-rated or exports, such excess input tax may be carried forward to
the next tax period, along with the input tax as is not adjustable in terms of
sub-section (1) of section 8B, and shall be treated as input tax for that period
and the Board may, subject to such conditions and restrictions as it may
impose, by notification in the official Gazette, prescribe the procedure for
refund of such excess input tax.]
Provided further that the Board may, from such date and subject to
such conditions and restrictions as it may impose, by notification in the
official Gazette, direct that refund of input tax against exports shall be paid
303
[at the fixed rates and in the manner as] notified in the such notification.
(3) Where there is reason to believe that a person has claimed input
tax credit or refund which was not admissible to him, the proceedings
against him shall be completed within sixty days. For the purposes of
enquiry or audit or investigation regarding admissibility of the refund claim,
the period of sixty days may be extended up to one hundred and twenty days
by an officer not below the rank of an Additional 304[Commissioner Inland
Revenue] and the Board may, for reasons to be recorded in writing, extend
the aforesaid period which shall in no case exceed nine months.]
302
Proviso substituted by Finance Act, 2008.
303
The expression substituted through Finance Act, 2019.
304
Substituted for “Collector of Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010The same amendment was made by Finance (Amendment)
Ordinance, 2010, promulgated as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan Extraordinary part I at pages
23 to 53 and this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, published in
the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
47
Sales Tax Act, 1990
305
[11. Assessment of Tax & Recovery of Tax not levied or short
levied or erroneously refunded] .– (1) Where a person who is required to
file a tax return fails to file the return for a tax period by the due date or pays
an amount which, for some miscalculation is less than the amount of tax
actually payable, an officer of Inland Revenue shall, after a notice to show
cause to such person, make an order for assessment of tax, including
imposition of penalty and default surcharge in accordance with sections 33
and 34:
Provided that where a person required to file a tax return files the
return after the due date and pays the amount of tax payable in accordance
with the tax return along with default surcharge and penalty, the notice to
show cause and the order of assessment shall abate.
(2) Where a person has not paid the tax due on supplies made by
him or has made short payment or has claimed input tax credit or refund
which is not admissible under this Act for reasons other than those specified
in sub-section (1), an officer of Inland Revenue shall after a notice to show
cause to such person, make an order for assessment of tax actually payable
by that person or determine the amount of tax credit or tax refund which he
has unlawfully claimed and shall impose a penalty and charge default
surcharge in accordance with sections 33 and 34.
305
Section 11 substituted by the Finance Act, 2012. Earlier it was substituted by Finance Act, 1996.
48
Sales Tax Act, 1990
Provided that, where a tax or charge has not been levied under this
sub section the amount of tax shall be recovered as tax fraction of the value
of supply.
306[(4A)
Where any person, required to withhold sales tax under the
provisions of this Act or the rules made thereunder, fails to withhold the tax
or withholds the same but fails to deposit the same in the prescribed manner,
an officer of Inland Revenue shall after a notice to such person to show
cause, determine the amount in default].
Provided that order under this section shall be made within one
hundred and twenty days of issuance of show cause notice or within such
extended period as the Commissioner may, for reasons to be recorded in
writing, fix provided that such extended period shall in no case exceed
ninety days:
Provided further that any period during which the proceedings are
adjourned on account of a stay order or Alternative Dispute Resolution
proceedings or the time taken through adjournment by the petitioner not
exceeding sixty days shall be excluded from the computation of the period
specified in the first proviso.
306
New sub-section 4A added through Finance Act, 2016.
307
Words substituted by Finance Act, 2021.
49
Sales Tax Act, 1990
(7) For the purpose of this section, the expression “relevant date”
means—
50
Sales Tax Act, 1990
officer of Inland Revenue, as the case may be, shall pass the new order
within one year from the end of the financial year in which the
Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as
the case may be, is served with the order:
310
[11C. Power of tax authorities to modify orders, etc.– (1)
Where a question of law has been decided by a High Court or the Appellate
Tribunal in the case of a registered person, on or after first day of July, 1990,
the Commissioner or an officer of Inland Revenue may, notwithstanding
that he has preferred an appeal against the decision of the High Court or
made an application for reference against the order of the Appellate
Tribunal, as the case may be, follow the said decision in the case of the said
taxpayer in so far as it applies to said question of law arising in any
assessment pending before the Commissioner or an officer of Inland
Revenue, until the decision of the High Court or of the Appellate Tribunal
is reversed or modified.
310
New section 11C inserted by Finance Act, 2020.
311
Section 12 omitted by Finance Act, 1996.
312
Section 13 substituted by Finance Act, 1996.
51
Sales Tax Act, 1990
313
subject to such conditions as may be specified by the [Federal
Government], be exempt from tax under this Act 314[.]
315
[***]
(3) The exemption from tax chargeable under sub-section (2) may
be allowed from any previous date specified in the notification issued under
clause (a) 318[***].]
319
[(4) ***]
320
[(5) ***]
321
[(6) The 322[Board] shall place before the National Assembly all
notifications issued under this section in a financial year.
313
Substituted for “Board” by Sales Tax (Amendment) Ordinance, 1999, dated 13th August, 1999.
314
Substituted for colon by Tax Laws Amendment Ordinance, 2000, full Stop was substituted for colon by sales tax “(Amendment)
Ordinance, 1999, dated 13th August, 1999.
315
Provisos omitted by Tax Laws Amendment Ordinance, 2000, dated 24th May, 2000. Earlier it was omitted by sales Tax
(Amendment) Act, 1999 dated 30-03-1999.
316
Clause (a) substituted through Finance Act, 2019.
317
Clause (b) omitted by Finance Act, 2015.
318
Expression “or, as the case may be, order made under clause (b) of that sub-section” omitted by Finance Act, 2015.
319
Sub-section (4) omitted by Finance Act, 2006.
320
Sub-section (5) omitted by Sales Tax (Amendment) Ordinance, 2000.
321
Sub-section (6) and sub-section (7) added by Finance Act, 2015.
322
Substituted for the words “Federal Government” through Finance Act, 2017
52
Sales Tax Act, 1990
(7) Any notification issued under sub-section (2), after 1st July,
2015 shall, if not earlier rescinded, stand rescinded on the expiry of the
financial year in which it was issued 323[:
Provided further that all notifications issued on or after the first day
of July, 2016 and placed before the National Assembly as required under
sub-section (6) shall continue to be in force till thirtieth day of June, 2018,
if not earlier rescinded by the Federal Government or the National
Assembly.]
323
For the full stop a colon inserted and thereafter new provisos added through Finance Act, 2017
53
Sales Tax Act, 1990
Chapter-III
REGISTRATION
324
[14. Registration.— (1) Every person engaged in making taxable
supplies in Pakistan, including zero-rated supplies, in the course or
furtherance of any taxable activity carried on by him, falling in any of the
following categories, if not already registered, is required to be registered
under this Act, namely:-
(b) a retailer who is liable to pay sales tax under the Act or rules
made thereunder, excluding such retailer required to pay sales
tax through his electricity bill under sub-section (9) of section 3;
(c) an importer;
(d) an exporter who intends to obtain sales tax refund against his
zero-rated supplies;
325
[14A. *** repealed]
324
Section 14 substituted by Finance Act, 2015.
325
Section 14A repealed, which was earlier inserted by Tax Laws (Third Amendment) Ordinance, 2021.
54
Sales Tax Act, 1990
18. ***
19. ***
20. ***]
330
[21. De-registration, blacklisting and suspension of
registration.– (1) The Board or any officer, authorized in this behalf, may
326
New section 14AB added by Finance Act, 2022.
327
Section 15 omitted by the Finance Act, 2014.
328
Section 16 omitted by Finance Act, 2003.
329
Sections 17 to 20 omitted by Finance Act, 2004.
330
Section 21 substituted by Finance Act, 2004.
55
Sales Tax Act, 1990
331
Substituted “for collector” by Finance Act, 2010
332
Comma and words “, evaded tax” omitted by Finance Act, 2005.
333
Word inserted by Finance Act, 2005.
334
Sub Section (3) inserted by Finance Act, 2011
335
Words and figure omitted by Finance Act, 2013.
336
Sub section (4) inserted by Finance Act, 2013.
337
Section 21A inserted by Finance Act, 2015.
56
Sales Tax Act, 1990
Chapter-IV
338
Section 22 substituted by Finance Act, 1996.
339
The comma and words inserted by Finance Act, 2005.
340
Clause (c) inserted by Finance Act, 2005.
341
Existing clause (c) re-lettered as clause (d) by Finance Act, 2005.
342
Clause (da) inserted by Finance Act, 2006.
343
Existing clause (d) re-lettered as clause (e) by Finance Act, 2005.
344
The words, comma and figure inserted by Finance Act, 2004.
345
The commas and words inserted by Finance Act, 1999.
346
Expression inserted by Finance Act, 2021.
57
Sales Tax Act, 1990
(2) The Board may, by notification in the official Gazette, specify for
any class of taxable persons or any other person registered under this Act to
keep such other records for the purposes of this Act.
354
[(2A) The Board may, by notification in the Official Gazette, specify
for any class of taxable persons registered under this Act to use such
electronic fiscal cash registers as are approved by the Board in the manner
as may be prescribed.]
355
[(3) The Board may, by notification in the official gazette, prescribe
the procedure or software for electronically maintenance of records, filing
of sales tax returns or refunds and for any other matter or approve any
347
The word “and” omitted by Finance Act, 2013.
348
Clause (ea) inserted by Finance Act, 2013.
349
New clause (eb) inserted by Finance Act, 2021.
350
Existing clause (e) re-lettered as clause (f) by Finance Act, 2005
351
Proviso substituted by the Finance Act, 1997.
352
The words “turnover tax or” omitted by Finance Act, 2005.
353
Sub-section (1A) inserted by Finance Act, 2007.
354
Sub-section (2A) inserted by Finance Act, 1999.
355
Sub Section (3) substituted by Finance Act, 2003.
58
Sales Tax Act, 1990
356
Sub Section (4) inserted by Finance Act, 2007.
357
The expression added through Finance Act, 2019.
358
Clause (b) substituted by Finance Act, 2022.
359
Colon substituted by Finance (Supplementary) Act, 2022.
360
Proviso inserted by Finance (Supplementary) Act, 2022.
59
Sales Tax Act, 1990
Provided further that not more than one tax invoice shall be issued
for a taxable supply364[.]
365
[***]
366
[(2) No person other than a registered person or a person paying
367
[*** 368[***]]369[retail tax] shall issue an invoice under this section.
370
[(3) A registered person making a taxable supply may, subject to
such conditions, restrictions and limitations as the Board may, by
notification in the official Gazette, specify, issue invoices to another
registered person electronically and to the Board as well as to the
371
[Commissioner], as may be specified.]
372
[(4) The Board may, by notification in the Official Gazette,
prescribe the manner and procedure for regulating the issuance and
authentication of tax invoices.]
361
The expression added through Finance Act, 2019.
362
Clause (ff) omitted by Finance Act, 2004.
363
Comma and words “, including replacement invoice,” omitted by Finance Act, 1997.
364
Full stop substituted by Finance (Supplementary) Act, 2022.
365
Proviso omitted by Finance (Supplementary) Act, 2022.
366
Sub Section (2) inserted by Finance Act, 1996.
367
Words “turnover tax or” omitted by Finance Act, 2004.
368
Words “or retailer tax” added by Finance Act, 1997.
369
Words inserted by Finance Act, 1997.
370
Sub section (3) inserted by Finance Act, 2005.
371
Substituted for “Collector” by Finance Act, 2010.
372
Sub Section (4) inserted by Finance Act, 2007.
60
Sales Tax Act, 1990
373
[24. Retention of record and documents for 374[Six] years.– A
person, who is required to maintain any record or documents under this Act,
shall retain the record and documents for a period of 352[Six] years after the
end of the tax period to which such record or documents relate 375[or till
such further period the final decision in any proceedings including
proceedings for assessment, appeal, revision, reference, petition and any
proceedings before an alternative Dispute Resolution Committee is
finalized].]
376
[25. Access to record, documents, etc.– 377[(1) A person who is
required to maintain any record or documents under this Act 378[or any other
law] shall, as and when required by 5[Commissioner],produce record or
documents which are in his possession or control or in the possession or
control of his agent; and where such record or documents have been kept on
electronic data, he shall allow access to [the officer of Inland Revenue
authorized by the Commissioner] and use of any machine on which such
data is kept.]
379
[(2) The officer of Inland Revenue authorized by the
Commissioner, on the basis of the record, obtained under sub-section (1),
may, once in a year, conduct audit:
Provided further that nothing in this sub-section shall bar the officer
of Inland Revenue from conducting audit of the records of the registered
person if the same were earlier audited by the office of the Auditor-General
of Pakistan380[.]
381
[omitted]
373
Section (24) substituted by Finance Act, 1996.
374
Substituted for “Five” by Finance Act, 2010.
375
Words and Commas inserted by Finance Act, 2010.
376
Section (25) substituted by Finance Act, 1995.
377
Numbered by Finance Act, 2003
378
Words inserted by Finance Act, 1999.
379
Substituted for “Such Officer of Sales tax” by Finance Act, 2010
380
Substituted for the colon through Finance Act, 2019.
381
Third proviso omitted by Finance Act, 2019.
61
Sales Tax Act, 1990
382
[(2A) For the purpose of sub-section (2) of section 25, the Commissioner
may conduct audit proceedings electronically through video links, or any
other facility as prescribed by the Board.]
383
[(3)] After completion of Audit under this section or any other
provision of this Act, the officer of Inland Revenue may, after obtaining the
registered person’s explanation on all the issues raised in the audit shall pass
an order under section 11 384[***].]
385
[(4) ***]
386
[(4A) ***]
387
[ (5) Notwithstanding the penalties prescribed in section 33, if a
registered person wishes to deposit the amount of tax short paid or amount
of tax evaded along with 388[default surcharge] voluntarily, whenever it
comes to his notice, before receipt of notice of audit, no penalty shall be
recovered from him:
382
New sub-section (2A) inserted by Finance Act, 2020.
383
Sub Section 3 substituted by Finance Act, 2010.
384
Words, figures and comma “or section 36, as the case may be” omitted by Finance Act, 2015.
385
Sub Section 4 omitted by Finance Act, 2010.
386
Sub Section (4A) expired.
387
Sub Section (5) inserted By Finance Act, 2003.
388
Substituted for “Additional Tax” by Finance Act, 2005.
389
Words in lieu of Audit report omitted by Finance Act, 2010.
390
Substituted for the words “additional tax” by Finance Act, 2005.
62
Sales Tax Act, 1990
391
[Explanation.– For the purpose of sections 25, 38, 38A, 38B and
45A and for removal of doubt, it is declared that the powers of the Board,
Commissioner or officer of Inland Revenue under these sections are
independent of the powers of the Board under section 72B and nothing
contained in section 72B restricts the powers of the Board, Commissioner
or Officer of Inland revenue to have access to premises, stocks, accounts,
records, etc. under these sections or to conduct audit under these sections.]
392
[25A. Drawing of samples.– Where an authorized officer of
393
[Inland Revenue] considers it necessary to take a sample of any goods or
raw materials, for the purpose of determining their liability to sales tax or
for the purpose of establishing their value or for any other reason, he may
remove a minimum quantity of goods or raw materials sufficient to enable
a proper examination or analysis to be made. At the time of taking the
sample the person in possession of the goods shall be informed and given
the opportunity to sign the representative samples, so drawn, and take a
corresponding sample for his record. Any sample taken under this section
shall be taken against a proper receipt a copy each of which shall be kept in
the record by the registered person and the 394[Large Taxpayers Unit or
Regional Tax Office, as the case may be].]
395
[25AA. Transactions between Associates.– 6[(1)] The Commissioner
or an office of Inland Revenue may, in respect of any transaction between
persons who are associates, determine the transfer price of taxable supplies
between the persons as is necessary to reflect the fair market value of
supplies in an arm’s length transaction.]
396
[(2) The Board may, by notification in official gazette, prescribe
rules for carrying out the purpose of sub-section (1).]
Chapter-V
391
Explanation added by Finance Act, 2013.
392
Section 25A inserted by Finance Act, 1999.
393
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extra Ordinary Part I at pages 23 to 53 and
this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009
published in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
394
Substituted for “Collectorate” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extra Ordinary Part I at pages 23 to 53 and
this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009
published in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
395
Section (25AA) by Finance Act, 2010 w.e.f. june5, 2010, the same amendment was made by Finance (Amendment) Ordinance 2010, promulgated
as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extra Ordinary Part I at pages 23 to 53 and this amendment
was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009 published in the
Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
396
Existing sub-section renumbered as sub-section (1) and new sub-section (2) inserted by Finance Act, 2021.
63
Sales Tax Act, 1990
RETURNS
397
[26. 398[***] Return.– (1) Every registered person 399[...] shall
furnish not later than the due date a true 400[, complete] and correct return
in the prescribed form to a designated bank 401[or any other office] specified
by the Board, indicating the purchases and the supplies made during a tax
period, the tax due and paid and such other information, as may be
prescribed 402[;]
403
[Provided that the Board may, by notification in the official
Gazette, require any person or class of persons to submit return on quarterly
basis:
Provided also that the return filed electronically on the web or any
magnetic media or any other computer readable media as may be specified
by the Board shall also be deemed to be a return for the purpose of sub-
section (1) and the Board may, by notification in the official Gazette, make
rules for determining eligibility of the data of such returns and e-
intermediaries who will digitize the data of such returns and transmit the
same electronically under their digital signatures.]
404
[...]
405
(2) [....] omitted
406
[(3) A registered person may, subject to approval of the
407
[Commissioner Inland Revenue] having jurisdiction, file a revised return
397
Section 26 substituted by Finance Act, 1996
398
Word “monthly” omitted by Finance Act, 2006.
399
Words “making taxable supplies” omitted by Finance Act, 1999.
400
Comma and word inserted by Finance Act, 2020.
401
Words inserted by Finance Act, 2006.
402
In the proposed amendment “a full stop is substituted for a colon” while colon is already appearing.
403
Proviso inserted by Finance Act, 2006.
404
Proviso omitted by Finance Act, 2006
405
Sub-section (2) omitted through Finance Act, 2016.
406
Sub section (3) substituted by Finance Act, 2006.
407
Substituted for collector of Sales tax by Finance Act, 2010
64
Sales Tax Act, 1990
within 408[one hundred and twenty] days of the filing of return under sub-
section (1) or, as the case may be, sub-section (2), 409[ or under clause (a) or
clause (b) of section 27], to correct any omission or wrong declaration made
therein410[:]
411
[Provided that the approval under this sub-section shall not be
required if revised return is filed within sixty days of filing of return and
either the tax payable therein is more than the amount paid or the refund
claimed therein is less than the amount as claimed, under the return sought
to be revised.]
412
[(4) Notwithstanding the penalties prescribed in section 33, if a
registered person wishes to file revised return voluntarily along with deposit
of the amount of tax short paid or amount of tax evaded along with
413
[default surcharge], whenever it comes to his notice, before receipt of
notice of audit, no penalty shall be recovered from him:
408
Substituted for “ninety” by Finance Act, 2008.
409
Words inserted by Finance Act, 2011.
410
Substituted for the full stop through Finance Act, 2019.
411
New proviso added through Finance Act, 2019.
412
Subsection (4) inserted by Finance Act, 2003.
413
Substituted for “Additional Tax” by Finance Act, 2005.
414
Substituted for “Sales tax” by Finance Act, 2010.
415
Words “in lieu of the audit report” omitted by Finance Act, 2010.
416
Words “etc alongwith the amount of further tax as per provision of sub section (1A) of section 3, if applicable omitted by Finance Act, 2004.
417
Substituted for words “additional tax” by Finance Act, 2005.
418
Sub section (5) inserted by Finance Act, 2004.
65
Sales Tax Act, 1990
(3) Where an application has been made under sub-section (1) and
the Commissioner is satisfied that the applicant is unable to furnish the
return to which the application relates by the due date because of–
Provided that where the Commissioner has not granted extension for
furnishing the return under sub-sections (3) or (4), the Chief Commissioner
may on an application made by the registered person for extension or further
extension, as the case may be, grant extension or further extension for a
419
Section 26 A omitted by Finance Act, 2004.
420
Section 26AA omitted by Finance Act, 2008.
421
New section 26AB inserted by Finance Act, 2021.
66
Sales Tax Act, 1990
422
[27. Special Returns.– In addition to the return specified under
section 26 –
(a) a person registered 423[ 424[ ] under this Act] shall furnish
special return within such date and in such form indicating information such
as quantity manufactured or produced, purchases made, goods supplied or
payment of arrears made, etc, for such period as the Board may, by a
notification in official gazette, specify; and
Chapter-VI
422
Section 27 substituted by the Finance Ordinance, 2000.
423
Substituted for words and figure “under section 14” by sales tax (Amendments) Ordinance, 2000, dated September 05, 2000.
424
Words “or enrolled” omitted by Finance Act, 2004.
425
Substituted for “Collector” by Finance Act, 2010
426
Section 28 substituted by Finance Act, 1996.
427
Substituted for “Collector” by Finance Act, 2010
428
Substituted for “Collector” by Finance Act, 2010
429
Words inserted by Finance Act, 1996.
67
Sales Tax Act, 1990
430
Any reference to the “Sales Tax Officer” shall be construe as reference to an “Officer of “Inland Revenue” by virtue of section 72 of the Sales Tax
Act, 1990.
431
Section 30 substituted by Finance Act, 2010 w.e.f. June 5, 2010. The same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, Published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at Pages 229 to 259. Earlier it was substituted by Finance Act, 1996.
432
Clause (ea) inserted through Finance Act, 2017
433
Clause (fa) inserted through Finance Act, 2017
434
Word “and” omitted by Finance Act, 2011.
435
Clause “(ia)” inserted by Finance Act, 2011
68
Sales Tax Act, 1990
436
Sub-sections (2A) & (2B) inserted through Finance Act, 2017
437
Expressions inserted through Finance Act, 2017
438
Comma and words inserted by Finance Act, 2011.
439
Expression inserted through Finance Act, 2017
440
Comma and words inserted by Finance Act, 2011.
441
Section 30A substituted by Finance Act, 2018.
69
Sales Tax Act, 1990
Directors and such other officers as the Board may, by notification in the
official Gazette, 442[appoint].
448
[30CA. Directorate General of Digital Initiatives.-- The
Directorate General of Digital Initiatives shall consist of a Director General
and as many Directors, Additional Directors, Deputy Directors and
Assistant Directors and such other officers as the Board may, by notification
in the official Gazette, appoint.]
449[30D.
Directorate General of Valuation 450[...].--The Directorate
General of Valuation 5[...] shall consist of a Director General and as many
Directors, Additional Directors, Deputy Directors and Assistant Directors
442
Substituted for the word “post” through Finance Act, 2019.
443
Section 30B inserted by Finance Act, 2005.
444
Words “of inspection and” omitted by Finance Act, 2007.
445
Section 30C inserted by Finance Act, 2005.
446
Marginal heading substituted by Finance Act, 2022.
447
Words substituted by Finance Act, 2022.
448
Section 30CA substituted by Finance Act, 2023
449
Section 30D inserted by Finance Act, 2005.
450
Words “and Post Clearance Audit” omitted by Finance Act, 2007.
70
Sales Tax Act, 1990
and such other officers as the Board, may by notification in the official
Gazette, appoint.
451
[30DD. Directorate of Post Clearance Audit.– The Directorate of
Post clearance Audit shall consist of a Director and as many
Additional Directors, Deputy Directors, Assistant Directors and such other
officers as the Board may, by notification in the official Gazette, appoint.]
452[30DDD. Directorate General of Input Output Co-efficient
Organization.- The Directorate General of Input Output Coefficient
Organization (IOCO)-Inland Revenue shall consist of a Director General
and as many Directors, Additional Directors, Deputy Directors, Assistant
Directors and such other officers as the Board may, by notification in the
official Gazette, appoint.]
453[30DDDA. Directorate-General of law.- (1) The Directorate-General of
law shall consist of a Director General and as many Directors, Additional
Directors, Deputy Directors, Assistant Directors, Law Officers and such
other officers as the Board may, by notification in the official Gazette,
appoint. (2) The Board may, by notification in the official Gazette, specify
the functions, jurisdiction and powers of the Directorate-General of law.]
454
[30E. Powers and Functions of Directorate, etc.– The Board may,
by notification in the official Gazette, specify the functions, jurisdiction and
powers of the Directorates General as specified in the preceding sections
and their officers by notification in the official Gazette.]
451
Section 30DD inserted by Finance Act, 2007.
452
New section 30DDD added through Finance Act, 2016.
453
New section 30DDDA added through Tax Laws (Amendment) Act, 2024.
454
Section 30E inserted by Finance Act, 2005.
455
Substituted for “sales tax” by Finance Act, 2010 w.e.f June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No.III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published
in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259
71
Sales Tax Act, 1990
(3) The officer to whom any powers are delegated under this
section shall not further delegate such powers.]
459
[32A. 460[Audit by Special Audit Panels]. 461[(1) The Board may
appoint as many special audit panels as may be necessary, comprising two
or more members from the following, –
456
Section 32 substituted by Finance Act, 1996.
457
Sub Section (1) substituted by Finance Act, 2010 w.e.f. June 5, 2010. Earlier clause (a) to (d) substituted by Finance (2) omitted by the Finance Act,
2010
458
Sub Section (2) omitted by the Finance Act, 2010.
459
Section 32A inserted by Finance Act, 1998.
460
Substituted for the words “Special Audit by Chartered Accountants or Cost Accountants” by Finance Act, 2015
461
Substituted for sub-section (1) by Finance Act, 2015
72
Sales Tax Act, 1990
(5) If any one member of the special audit panel, other than the
chairman, is absent from conducting an audit, the proceedings of the audit
may continue and the audit conducted by the special audit panel shall not
be invalid or be called in question merely on the ground of such absence.
462
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010 dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published
in the Gazette of Pakistan Extraordinary part I at pages 229 to 259.
463
Substituted for the words “an auditor” by Finance Act, 2015
464
Substituted for the words “An Auditor” by Finance Act, 2015
465
Substituted for “sales tax” by Finance Act, 2010 w.e.f. June 5, 2010.The same was made by Finance (Amendment) Ordinance, 2010, promulgated
as ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extraordinary part I at pages 23 to 53 and this amendment
was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the
Gazette of Pakistan Extraordinary Part-I at Pages 229 to 259.
466
Sub-sections (4), (5) and (6) inserted by Finance Act, 2015.
73
Sales Tax Act, 1990
467
Section 32 AA omitted by Finance Act, 2008, earlier it was inserted by Tax Laws Amendment Ordinance, 2000, dated may
24, 2000.
74
Sales Tax Act, 1990
Chapter-VII
OFFENCES AND PENALTIES
468
[33. Offences and penalties.– 469[...] Whoever commits any
offence described in column (1) of the Table below shall, in addition to and
not in derogation of any punishment to which he may be liable under any
other law, be liable to the penalty mentioned against that offence in column
(2) thereof: –
TABLE
468
Section 33 substituted by Finance Act, 2005.
469
Bracket and figure “one” omitted by Finance Act, 2008.
470
Substituted for the word “five” by Finance Act, 2019..
471
Substituted for the word “fifteen” by Finance Act, 2015.
472
Substituted for the word “one” by Finance Act, 2019.
75
Sales Tax Act, 1990
473
Substituted for the word “fifteen” by Finance Act, 2015.
474
Substituted for “Sales tax”, not below the rank of Assistant Collector of sales tax” by Finance Act, 2010
76
Sales Tax Act, 1990
8. Any person who fails to Such person shall pay a penalty of 22 and 24
maintain records ten thousand rupees or five per cent
required under this Act of the amount of tax involved,
or the rules made there whichever is higher.
under.
9. Where a registered such person shall pay a penalty of 25
person who, without any five thousand rupees;
reasonable cause, in non
compliance with the such person shall pay a penalty of
provisions of section 25, ten thousand rupees; and
––
such person shall pay a penalty of
(a) fails to produce the fifty thousand rupees.
record on receipt of
first notice;
10. Any person who fails to Such person shall pay a penalty of 26
furnish the information ten thousand rupees.
77
Sales Tax Act, 1990
475
Any reference to “officer of Sales Tax” shall be construed as reference to an ‘officer of Inland Revenue” by virtue of Section 72A of the Sales Tax
Act, 1990.
476
Substituted for the words “Sales Tax” by the Finance Act, 2010
478
Substituted for “or 38A” by Finance Act, 2009
78
Sales Tax Act, 1990
477
Substituted for “or 38A” by Finance Act, 2009
79
Sales Tax Act, 1990
479
Words “Sales Tax” substituted for Inland Revenue by Finance (Amended) Ordinance, 2010.
480
Substituted for “Sales Tax” by Finance Act, 2010
481
Words added through Finance Act, 2016.
482
Serial No. 20 omitted by Finance Act, 2008.
483
Serial No. 21 and 22 inserted by Finance Act, 2006.
80
Sales Tax Act, 1990
(d) knowingly or
dishonestly
damages or
impairs the
computerized
system; or
(e) knowingly or
dishonestly
damages or
impairs any
duplicate tape
or disc or other
medium on
which any
information
obtained from
the
computerized
system is kept
or stored; or
81
Sales Tax Act, 1990
484
S.No. 23 and entries relating thereto in columns (1), (2) and (3) inserted through Finance Act, 2017
485
Expression substituted by Finance Act, 2023
486
Expression omitted by by Finance (Supplementary) Act, 2022.
82
Sales Tax Act, 1990
487
New serial numbers “24”, “25”, “26” and “27” inserted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
488
Words added by Finance Act, 2022.
490
Paragraph under serial number 24 inserted by Finance (Supplementary) Act, 2022.
83
Sales Tax Act, 1990
489
Words added by Finance Act, 2022.
491
The word substituted by Finance Act, 2020.
492
The word substituted by Finance Act, 2020.
493
Expression substituted by Finance Act, 2022.
494
Expression omitted by by Finance Act, 2022.
495
Serial number substituted by Finance Act, 2022.
84
Sales Tax Act, 1990
27. Any person, being Such person shall pay a penalty of section 40D”;]
owner of the goods, ten thousand rupees or five per cent
which are brought to of the amount of tax involved,
Pakistan in violation whichever is higher:
of section 40D.
Further, such goods shall also be
liable to confiscation. However, the
adjudication authority, after such
85
Sales Tax Act, 1990
498[34.
Default Surcharge.– (1) Notwithstanding the provisions of
section 11, if a registered person does not pay the tax due or any part thereof,
whether wilfully or otherwise, in time or in the manner specified under this
Act, rules or notifications issued thereunder or claims a tax credit, refund or
makes an adjustment which is not admissible to him, or incorrectly applies
the rate of zero per cent to supplies made by him, he shall, in addition to the
tax due, pay default surcharge at the rate mentioned below:—
(a) 499[...] the person liable to pay any amount of tax or charge or
the amount of refund erroneously made, shall pay default
surcharge at the rate of 500[twelve per cent per annum], of the
amount of tax due or the amount of refund erroneously made;
501
[and]
496
New serial number 28 added by Finance Act, 2020.
497
Section 33A omitted by Finance Act, 2022.
498
Section 34 substituted by Finance Act, 2005. Earlier it was also substituted by Finance Act, 1996.
499
Words and comma “for the first six months of default,” omitted by Finance Act, 2008.
500
Words twelve substituted by Finance Act, 2018.
501
Word inserted by Finance Act, 2008.
86
Sales Tax Act, 1990
502
[(b) ***]
(c) in case, the default is on account of tax fraud, the person who
has committed tax fraud shall pay default surcharge at the rate
of two per cent per month, of the amount of tax evaded or the
amount of refund fraudulently claimed, till such time the entire
liability including the amount of default surcharge is paid.
(a) in the case of inadmissible input tax credit or refund, the period
of default shall be reckoned from the date of adjustment of such
credit or, as the case may be, refund is received; and
Explanation.– For the purpose of this section tax due does not
include the amount of penalty.
502
Clause (b) omitted by Finance Act, 2008.
87
Sales Tax Act, 1990
503
[34A. Exemption from penalty and 504[default surcharge].--
The Federal Government may, by a notification in the official Gazette, or
the 505[Board] by a special order published in Gazette for reasons to be
recorded in writing, exempt any person or class of persons from payment of
the whole or part of the penalty and 506[default surcharge] imposed under
sections 33 and 34 subject to such conditions and limitations as may be
specified in such notification or, as the case may be, special order.]
507
[35. ***]
508
[35A. ***]
509
[36. ***]
503
Section 34A substituted by Finance Ordinance 2001. Earlier it was inserted by Sales Tax (Amendment) Act, 1999 which comes into force from the
first day of December, 1998. Earlier the same was amendment was made by Sales Tax (Second Amendment) Ordinance, 1988, dated 01-12-1998.
504
Substituted for “additional tax” by Finance Act, 2005
505
Substituted for “Central Board of revenue” by Finance Act, 2007
506
Substituted for “additional tax” by Finance Act, 2005
507
Section 35 omitted by Finance Act, 1996.
508
Section 35A omitted by Finance Act, 1996. Earlier it was inserted by Finance Act, 1992.
509
Section 36 omitted by Finance Act, 2012. Earlier it was substituted by Finance Act, 1996. Before this it was substituted by the Finance Act, 1994.
510
Substituted for “sales tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009 published
in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
88
Sales Tax Act, 1990
(2) All arrests made under this Act shall be carried out in
accordance with the relevant provisions of the Code of Criminal Procedure,
1898 (Act V of 1898).
519
[(3) ***]
(5) Where the person suspected of tax fraud 523[or any offence
warranting prosecution under this Act] is a company, every director or
511
Substituted for “sales tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this
amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009 published
in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
512
Substituted for the figure “223” by Finance Act, 1994
513
Section 37A substituted by Finance Act, 1996.
514
Substituted for “sales tax”, not below the rank of an Assistant Collector of Sales tax by Finance Act, 2010 w.e.f June 5, 2010, the same amendment
was made by Finance (amendment) Ordinance, 2010, promulgated as Ordinance No.III of 2010, dated February 6, 2010, published in the Official
Gazette of Pakistan Extraordinary part I at pages 23 to 53.
515
Substituted for “Central Board of Revenue” by Finance Act, 2007
516
Words inserted by Finance Act, 2007.
517
Words “in respect of a supply or supplies made by him” omitted by Finance Act, 2007.
518
Substituted for the words “may arrest such person” by Finance Act, 2003
519
Sub-section (3) omitted by Finance Act, 2005.
520
Words inserted by Finance Act, 2007.
521
Substituted for “Collector” by Finance Act, 2010 w.e.f. june5, 2010, the same amendment was made by Finance (Amendment) Ordinance 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extra Ordinary Part I at pages 23 to 53 and
this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009
published in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
522
Substituted for “additional tax” by Finance Act, 2005
523
Words inserted by Finance Act, 2007.
89
Sales Tax Act, 1990
officer of that company whom the authorised officer has reason to believe
is personally responsible for actions of the company contributing the tax
fraud 524[or any offence warranting prosecution under this Act] shall be
liable to arrest; provided that any arrest under this sub-section shall not
absolve the company from the liabilities of payment of tax, 525[default
surcharge] and penalty imposed under this Act.]
526
[37B. Procedure to be followed on arrest of a person.-- (1) When
527
[an officer of Inland Revenue] authorized in this behalf arrests a person
under Section 37A, he shall immediately intimate the fact of the arrest of
that person to the Special Judge who may direct such Officer to produce that
person at considers such time and place and on such date as the Special
Judge considers expedient and such Officer shall act accordingly.
(3) When any person is produced under sub-section (2) before the
Special Judge, he may, on the request of such person, after perusing the
record, if any and after giving the prosecution an opportunity of being heard,
admit him to bail on his executing a bond, with or without sureties, or refuse
to admit him to bail and direct his detention at such place as he deems fit:
90
Sales Tax Act, 1990
such custody at such place and for such period as he considers necessary or
proper for facilitating his earliest production before the Special Judge, direct
his production before the Special Judge on a date and time to be fixed by
him or direct such person to be forthwith taken to, and produced before, the
Special Judge and he shall be so taken.
(6) When any person is arrested under this Act, 529[an officer of
Inland Revenue] shall record the fact of arrest and other relevant particulars
in the register specified in sub-section (10) and shall immediately proceed
to inquire into the charge against such person and if he completes the inquiry
within twenty-four hours of his arrest, excluding the time necessary for
journey as aforesaid, he may, after producing such person before the Special
Judge or the nearest Judicial Magistrate, make a request for his further
detention in his custody.
91
Sales Tax Act, 1990
executing a bond, with or without sureties, and shall direct such person to
appear, as and when required, before the Special Judge, and make a report
to the Special Judge for the discharge of such person and shall make a full
report of the case to his immediate superior.
(9) The Special Judge to whom a report has been made under sub-
section, (8) may, after the perusal of record of the inquiry, and hearing the
prosecution, agree with such report and discharge the accused or, if he is of
the opinion that there is sufficient ground for proceedings against such
person, proceed with his trial and direct the prosecution to produce
evidence.
532
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
533
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
534
The expression substituted for the words “Federal Government” through Finance Act, 2019.
535
Substituted for “Central Board of Revenue” by Finance Act, 2007
92
Sales Tax Act, 1990
536
[an officer of Inland Revenue] under this section, subject to such
conditions, if any, that it may deem fit to impose.]
537
[37C. Special Judges.– (1) The Federal Government may by
notification in the official Gazette, appoint as many Special Judges as it
considers necessary and, where it appoints more than one Special Judge, it
shall specify in the notification the headquarter of each Special Judge and
the territorial limits within which he shall exercise jurisdiction under this
Act.
(2) Upon the receipt of report under clause (a) of sub-section (1),
the Special Judge shall proceed with trial of the accused.
93
Sales Tax Act, 1990
(4) If, after conducting such inquiry or after considering the report
of such Magistrate or officer, the Special Judge is of the opinion that– –
(a) no court other than the Special Judge having jurisdiction, shall
try an offence punishable under this Act;
(b) no other court or officer, except in the manner and to the extent
specifically provided for in this Act, shall exercise any power,
or perform any function under this Act;
(c) no court, other than the High Court, shall entertain, hear or
decide any application, petition or appeal under chapters XXXI
and XXXII of the Code of Criminal Procedure, 1898 (Act V of
1898), against or in respect of any order or direction made
under this Act; and
(d) no court, other than the Special Judge or the High Court, shall
entertain any application or petition or pass any order or give
any direction under chapters XXXVII, XXXIX, XLIV or XLV
of the aforesaid Code.]
94
Sales Tax Act, 1990
37G. Transfer of cases.– (1) Where more than one Special Judge
are appointed within the territorial jurisdiction of a High Court, the High
Court, and where not more than one Special Judge is so appointed, the
Federal Government, may by order in writing direct the transfer, at any stage
of the trial, of any case from the court of one Special Judge to the Court of
another Special Judge for disposal, whenever it appears to the High Court
or, as the case may be, the Federal Government, that such transfer may
promote the ends of justice or tend to the general convenience of the parties
or witnesses.
37I. Appeal to the High Court.– (1) Any person, including the
Federal Government, the Board, the Commissioner or Director of
Intelligence and Investigation or any other officer authorized in this behalf
95
Sales Tax Act, 1990
(2) The registered person, his agent or any other person specified
in sub-section (1) shall be bound to answer any question or furnish such
information or explanation as may be asked by the authorised officer.
(3) The department of' direct and indirect taxes or any other
Government department, local bodies, autonomous bodies, corporations or
539
Section 38 Substituted by Finance Act, 1996.
540
Words inserted by Finance Act, 2010 w.e.f. June 5, 2010.
541
The words “or the Collector” were omitted by Finance Act, 2009.
542
Words inserted by Finance Act, 2020.
96
Sales Tax Act, 1990
543
New sub-section (4) inserted by Finance Act, 2020.
544
Section 38A inserted by Finance Act, 2004.
545
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
546
Substituted for full stop by Finance Act, 2007
547
Proviso inserted by Finance Act, 2007.
548
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010
549
Section 38B inserted by Finance Act, 2006.
550
Substituted for “a Deputy” by Finance Act, 2011
551
Substituted for “Collector of Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
552
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the Gazette of Pakistan Extra Ordinary Part I at pages 23 to 53 and
this amendment was made through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009
published in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
553
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
97
Sales Tax Act, 1990
(c) appear before the officer of 554[Inland Revenue] and answer any
question put to him concerning the documents and records
relating to the audit or inquiry or investigation referred to in
clause (a) above.
554
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
555
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
556
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
557
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
558
Section 39 omitted by Finance act, 1996.
559
Section 40 substituted by Finance Act, 2004.
560
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
98
Sales Tax Act, 1990
are kept in any place, he may after obtaining a warrant from the magistrate,
enter that place and cause a search to be made at any time.
(2) The search made 561[in his presence] under sub-section (1) shall
be carried out in accordance with the relevant provisions of the Code of
Criminal Procedure, 1898 (V of 1898).]
562
[40A. ***]
563
[40B. Posting of 6[Inland Revenue] Officer.– Subject to such
conditions and restrictions, as deemed fit to impose, the 564[Board],
565
[omitted..] may post Officer of 6[Inland Revenue] to the premises of
registered person or class of such persons to monitor production, sale of
taxable goods and the stock position 566[.] 567[omitted..]
568
[40C. Monitoring or Tracking by Electronic or other means.– (1)
Subject to such conditions, restrictions, and procedures, as it may being fit
to impose or specified, the Board may, by notification in the official
Gazette, specify any registered person or class of registered persons or any
good or class of goods in respect of which monitoring or tracking of
production, sales, clearances, stocks or any other related activity may be
implemented through electronic or other means as may be prescribed
561
The word and comma, inserted by the Finance Act, 2005
562
Section 40A omitted by Finance Act, 2006.
563
Section 40B inserted by Finance Act, 2003.
564
Substituted for “Central Board of revenue” by Finance Act, 2007
565
Words “or Chief Commissioner” omitted by Finance Act, 2018.
566
Colon omitted and full stop inserted by Finance Act, 2018.
567
Proviso and explanation omitted by Finance Act, 2018.
568
Section 40C inserted by Finance Act, 2013.
569
Word and comma inserted by Finance Act, 2015
570
Sub-section (3) added by Finance Act, 2015.
99
Sales Tax Act, 1990
the Board, which shall include the cost of equipment installed by such
licensee in the premises of the said registered person.]
571
[40D. Provisions relating to goods supplied from tax-exempt
areas.-(1) The conveyance carrying goods supplied from the tax exempt
areas, shall be accompanied by such documents in respect of the goods
carried as may be prescribed under rules.
(4) The notices to the owner of the goods and the vehicle to show
cause against imposition of penalty shall be issued within fifteen days of the
seizure as aforesaid.
571
New Section “40D” inserted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
572
Expression inserted by Finance Act, 2021.
573
New section 40E inserted by Finance Act, 2021.
100
Sales Tax Act, 1990
574
[41. ***
42. ***]
Chapter-VIII
575
[APPEALS]
576
[43. ***
577[43A.
Pecuniary jurisdiction in appeals.- (1) Subject to other
provisions of this Act,-
(2) A person or, as the case may be, officer of Inland Revenue
aggrieved by an order of the Commissioner (Appeals) in cases under clause
(a) of sub-section (1) may file a reference before the High Court in
574
Sections 41 and 42 omitted by Finance Act, 1996
575
Heading of chapter Adjudication substituted for cases by finance act 1996
576
Sections 43 and 44 omitted by Finance Act, 1996
577
New section 43A added through Tax Laws (Amendment) Act, 2024.
101
Sales Tax Act, 1990
(3) A person or, as the case may be, officer of Inland Revenue
aggrieved by an order of the Appellate Tribunal in cases under clause (b) of
sub-section (1) may file a reference before the High Court in accordance
with section 133 of the Income Tax Ordinance, 2001 (XLIX of 2001).
44. ***]
578
[45. ***]
579
[45A. Power of the Board 580[and 581[Commissioner]] to call for
records.-- (1) The Board may, of its own motion 582[, or otherwise] call for
and examine the record of any departmental proceedings under this Act or
the rules made there under for the purpose of satisfying itself as to the
legality or propriety of any decision or order passed therein by an Officer of
583
[Inland Revenue], it may pass such order as it may think fit:
578
Section 45 omitted by Finance Act, 2010
579
Section 45A added by Finance Act, 1993.
580
Substituted for “Collector and Collector (Adjudication)” by Finance Act, 2005. Earlier these were substituted for “and Collector” by Finance Act,
2003.
581
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 05, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, published in the Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extra Ordinary Part I at pages 229 to 259.
582
Words inserted by Finance Act, 2015.
583
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
102
Sales Tax Act, 1990
levied shall be passed unless the person affected by such order has been
given an opportunity of showing cause and of being heard.
(2) No proceeding under 584[this section] shall be initiated in a case
where an appeal under Section 585[45B] or Section 46 is pending.
(3) No order shall be made under this Section after the expiry of
586
[five] years from the date of original decision or order of the sub-ordinate
officer referred to in sub-section (1).
587
[(4) The 588[Commissioner] may, suo moto, call for and examine
the record of any proceeding under this Act or the rules made thereunder for
the purpose of satisfying himself as to the legality or propriety of any
decision or order passed by an officer of 589[Inland Revenue] subordinate to
him, and pass such order as he may deem fit.]]
590
[45B. Appeals.– 591[(1) Any person, other than the Sales Tax
Department, aggrieved by any decision or order passed under sections 10,
11, 25, 36, or 66, by an officer of Inland Revenue may, within thirty days
of the date of receipt of such decision or order, 592[if the value of the
assessment or, as the case may be, refund of the tax does not exceed ten
million rupees] prefer appeal to the Commissioner Inland Revenue
(Appeals):
Provided that an appeal preferred after the expiry of thirty days may
be admitted by the Commissioner Inland Revenue (Appeals) if he is
satisfied that the appellant has sufficient cause for not preferring the appeal
within the specified period 593[.]
584
Substituted for “sub-section (1)” by Finance Act, 2008
585
Substituted for the figure “45” by Finance Ordinance, 2002
586
Substituted for “three” by Finance Ordinance, 2000
587
Sub-section (4) substituted by Finance Act, 2005
588
Substituted for the word “Collector” by Finance Act, 2010
589
Substituted for the words “Sales Tax” by Finance, Act, 2010
590
Section 45B inserted by Finance Ordinance, 2002
591
Subsection (1) Substituted by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance
(Amendment) Ordinance, 2010, promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in
the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made through
Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009,
published in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
592
Expression inserted by Tax Laws (Amendment) Act, 2024.
593
For the colon a full stop substituted and second proviso omitted by Finance Act, 2020.
103
Sales Tax Act, 1990
9
[****]
594
[(1A) An appeal under sub-section (1) shall–
594
New sub-sections (1A and 1B) inserted by Finance Act, 2020.
595
Existing sub-section (1A) re-numbered as (1C) by Finance Act, 2020.
596
Inserted through Finance Act, 2013
597
Substituted for “Collector of Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment)
Ordinance, 2010, promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated
104
Sales Tax Act, 1990
606
[(5) The Commissioner (Appeals) shall not admit any documentary
material or evidence which was not produced before the Officer Inland
Revenue unless the Commissioner (Appeals) is satisfied that the appellant
was prevented by sufficient cause from producing such material or evidence
before the Officer Inland Revenue.]
as Ordinance No. III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this
amendment was made through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published
in the Gazette of Pakistan Extraordinary Part I at pages 229 to 259.
598
Colon inserted through Finance, Act, 2005
599
Two provisos inserted by Finance Act, 2005
600
Substituted for “ninety” by Finance Act, 2008.
601
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 05, 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010,
promulgated as Ordinance No. III of 2010, dated February 6, 2010 published in the Gazette of Pakistan
602
Substituted for “one hundred and twenty” by Finance Act, 2009, earlier it was substituted for “ninety” by Finance Act, 2008.
603
Substituted for full stop by Finance Act, 2009
604
Proviso inserted by Finance Act, 2009
605
Sub-section (4) omitted y Finance Act, 2006.
606
New sub-section (5) inserted by Finance Act, 2020.
105
Sales Tax Act, 1990
(4) ***
(5) ***
(6) ***
(7) ***
(8) ***
(9) ***]
613
[47. Reference to the High Court.- (1) Within thirty days of the
communication of the order of the Appellate Tribunal or, as the case may
be, Commissioner (Appeals), the aggrieved person or the Commissioner
may prefer an application in the prescribed form along with a statement of
607
Sub-section (1) substituted by Tax Laws (Amendment) Act, 2024.
608
Sub-Section (2) substituted by Finance Act, 2009.
609
Substituted for “194A, 194B and 194C of the customs Act, 1969 (IV of 1969)” by Finance Act, 2010.
610
Sub Section (2A) inserted by Finance Act w.e.f. June 5, 2010.
611
Sub-section (2A) omitted by Tax Laws (Amendment) Act, 2024.
612
Sub-sections (3), (4), (5), (6), (7), (8) and (9) omitted by Finance Act, 2009.
613 Section 47 substituted by Tax Laws (Amendment) Act, 2024.
106
Sales Tax Act, 1990
the case and complete record of the Appellate Tribunal or, as the case may
be, Commissioner (Appeals) to the High Court, stating any question of law
or a mixed question of law and fact arising out of such order.
614
Section 47A substituted by Tax Laws (Amendment) Act, 2024.
107
Sales Tax Act, 1990
Chapter-IX
RECOVERY OF ARREARS
48. Recovery of arrears of tax.--(1) 615[Subject to sub-section
(1A), where] any amount of tax 616[...] is due from any person, the officer
of 617[Inland Revenue] may:-
(a) deduct the amount from any money owing to person from
whom such amount is recoverable and which may be at the
disposal or in the control of such officer or any officer of
Income Tax, Customs or Central Excise Department;
(c) stop removal of any goods from the business premises of such
person till such time the amount of tax is paid or recovered in
full;
618
[(ca) require by a notice in writing any person to stop clearance of
imported goods or manufactured goods or attach bank
accounts;]
(d) seal the business premises till such time the amount of tax is
paid or- recovered in full;
615
Words etc. “levied, penalty imposed or demand raised under any bond or other instrument executed under this Act” omitted by Finance Ordinance,
2002.
616
Substituted for “where” by Finance Act, 2007
617
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
618
Clause (ca) inserted by Finance Act, 1999.
108
Sales Tax Act, 1990
(2) For the purpose of recovery of tax, penalty or any other demand
raised under this Act, the officer of 625[Inland Revenue] shall have the same
powers which under the Code of Civil Procedure 1908 (V of 1908), a Civil
Court has for the purpose of recovery of an amount due under a decree.
619
Semi-colon and the word “’ and” at the end of clause (e) and thereafter clause (f) inserted by Finance Act, 1997. Earlier it was omitted by Finance
Act, 1996. Originally it was inserted by Finance Act, 1994.
620
Word “may” omitted by Finance Act, 2007.
621
For the full stop a colon substituted and thereafter proviso added through Finance Act, 2017
622
Expression inserted by Tax Laws (Amendment) Act, 2024.
623
Word ten substituted by Finance Act, 2018.
624
Sub-section (1A) inserted by Finance Act, 2007.
625
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
109
Sales Tax Act, 1990
626
[(3) The provision of sub-sections (1) and (2) shall mutatis
mutandis apply regarding assistance in collection and recovery of taxes in
pursuance of a request from a foreign jurisdiction under a tax treaty,
bilateral or a multilateral convention, and inter-governmental agreement or
similar agreement or mechanism.]
Chapter-X
MISCELLANEOUS
627
[49. Sales of taxable activity or transfer of ownership.--(1) In
case of termination of taxable activity or part thereof or its sale or transfer
of ownership to a non-registered person, the possession of taxable goods or
part thereof by the registered person shall be deemed to be a taxable supply
and the registered person shall be required to account for and pay the tax on
the taxable goods held by him:
“liquidator”) who is –
626
New sub-section inserted by Finance Act, 2021.
627
Section 49 Substituted by Finance Act, 1996
628
Sub-section (2) substituted through Finance Act, 2016.
629
Section 49A inserted by Finance Act, 2004.
110
Sales Tax Act, 1990
(4) A liquidator: –
(a) shall set aside, out of the proceeds of sale of any asset by the
liquidator, the amount notified by the 1[Commissioner] under
sub-section (2), or such amount as is subsequently agreed to by
the 1[Commissioner]: and
(b) shall be liable to the extent of the amount set aside for the Sales
tax liability of the person who owned the asset.
(5) A liquidator shall be personally liable to the extent of any
amount required to be set-aside under sub-section (4) for the tax referred to
in sub-section (2) if, and to the extent that, the liquidator fails to comply
with the requirements of this section.
(6) Where the proceeds of sale of any asset are less than the amount
notified by the 631[Commissioner] under sub-section (2), the application of
sub-sections (4) and (5) shall be limited to the proceeds of sale.
630
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
631
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
111
Sales Tax Act, 1990
(2) The Board may make rules for regulating the conduct and
transaction of business in relation to the submission of returns or other
information to the Board by the persons required to transmit or receive any
information through the computerized system, including 637[matters such as
grant of] authorization, suspension and cancellation of authorization and for
security of the information transmitted or received through the
computerized system.]
638
[(3) Unless otherwise proved, the information received in the
computerized system from or on behalf of any registered person shall, for
all official and legal purposes, be deemed to have been furnished by and
received from such registered person.
632
Brackets and figure inserted by Finance Act, 2008.
633
Comma and words inserted by Finance Act, 1994
634
Sub-section (2) inserted by Finance Act, 2008.
635
Words inserted by Finance Act, 2021.
636
Section 50A inserted by Finance Act, 2006.
637
Substituted for “their” by Finance Act, 2007
638
Sub-section (3) and (4) inserted by Finance Act, 2007.
112
Sales Tax Act, 1990
(4) The Board may prescribe procedures and specifications for the
smooth and efficient operation of the computerised system.]
51. Bar of suits, prosecution and other legal proceedings.– (1)
No suit shall be brought in any Civil Court to set aside or modify any order
passed, any assessment made, any tax levied, any penalty imposed or
collection of any tax made under this Act.
639
Section 50B inserted by Finance Act 2014
640
Sub section (3) inserted by Finance Act, 2004.
113
Sales Tax Act, 1990
641
Substituted for “Sales Tax Act” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance,
2010, promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance
No. III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was
made through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette
of Pakistan Extraordinary Part I at pages 229 to 259.
642
Words inserted by Sales Tax (Amendment) Ordinance, 2000, dated September 5, 2000
643
Section 52A inserted by Finance Act, 2006.
114
Sales Tax Act, 1990
[56. Service of orders; decisions etc. – (1) subject to this Act , any
645
115
Sales Tax Act, 1990
646
The words “or” omitted through Finance Act, 2017
647
Semi colon substituted for the full stop and new clause (d) inserted through Finance Act, 2017
648
The words substituted by Finance Act, 2020.
649
The words “or” omitted through Finance Act, 2017
650
Semi colon substituted for the full stop and new clause (d) inserted through Finance Act, 2017
116
Sales Tax Act, 1990
member of the association may be served on any person who was the
principal officer or a member of the association immediately before such
dissolution.
(5) The validity of service of a notice under this Act shall not be
called into question after the notice has been complied with in any manner.]
651
[56A. Agreement for the exchange of information 652[or assistance
in recovery of taxes].– (1) The Federal Government may enter into bilateral
or multilateral agreements with provincial governments or with
governments of foreign countries for the exchange of information, including
electronic exchange of information, with respect to sales tax imposed under
this Act or any other law of Pakistan and under the corresponding laws of
such countries and may, by notification in the official Gazette, make such
provisions as may be necessary for implementing such agreements.
653
[(1A) Notwithstanding anything contained in this Act, the
Board shall have power to share data or information including
real time data videos, images received under the provisions of this
Act with any other Ministry or Division of the Federal Government
or Provincial Government, subject to such limitations and conditions
an may be specified by the Board.]
117
Sales Tax Act, 1990
655
[56AB. Real-time access to information and databases.—(1)
Notwithstanding anything contained in any law for the time being in force,
including but not limited to the National Database and Registration
Authority Ordinance, 2000 (Ordinance VIII of 2000), and the Emigration
Ordinance, 1979 (Ordinance XVIII of 1979), arrangements shall be made
to provide real-time access of information and database to the Board in the
prescribed form and manner by–
(a) the National Database and Registration Authority with
respect to information pertaining to National Identity
Card (NIC), Pakistan Origin Card, Overseas Identity
Card, Alien Registration Card, and other particulars
contained in the Citizen Database;
(b) the Federal Investigation Agency and the Bureau of
Emigration and Overseas Employment with respect to
details of international travel;
(c) the Islamabad Capital Territory and Provincial and local
land record and development authorities with respect to
record-of-rights including digitized edition of record-of-
rights, periodic record, record of mutations and report of
acquisition of rights;
(d) the Islamabad Capital Territory and Provincial Excise and
Taxation Departments with respect to information
regarding registration of vehicles, transfer of ownership
and other associated record;
(e) all electricity suppliers and gas transmission and
distribution companies with respect to particulars of a
consumer, the units consumed and the amount of bill
charged or paid:
655
New section 56AB inserted by Finance Act, 2020.
118
Sales Tax Act, 1990
(2) The Board shall make arrangements for laying the infrastructure
for real-time access to information and database under sub-section (1) and
aligning it with its own database in the manner as may be prescribed.
56C. Prize schemes to promote tax culture.- 1[(1)] The Board may
prescribe prize schemes to encourage the general public to make purchases
only from registered persons issuing tax invoices.]
656
Section 56B substituted through Finance Act, 2016.
657
Existing sub-section renumbered as sub-section (1) and new sub-section (2) inserted by Finance Act, 2021.
119
Sales Tax Act, 1990
system randomly and in case of any discrepancy, all the relevant provisions
of this Act shall apply accordingly.]
658
[57. Rectification of Mistake.– (1) The officer of Inland Revenue,
Commissioner, the Commissioner (Appeals) or the Appellate Tribunal may,
by an order in writing, amend any order passed by him to rectify any mistake
apparent from the record on his or its own motion or any mistake brought
to his or its notice by a taxpayer or, in the case of the Commissioner
(Appeals) or the Appellate Tribunal, the Commissioner.
(2) No order under sub section (1) which has the effect of
increasing an assessment, reducing a refund or otherwise applying
adversely to the taxpayer shall be made unless the taxpayer has been given
a reasonable opportunity of being heard.
(4) No order under sub-section (1) shall be made after five years
from the date of the order sought to be rectified.]
659
[58. Liability for payment of tax in case of private companies or
business enterprises.–(1) Notwithstanding anything contained in the
Companies Act, 2017 (XIX of 2017), where any private company or
business enterprise is wound up and any tax chargeable on the company or
business enterprise, whether before, or in the course, or after its liquidation,
in respect of any tax period cannot be recovered from the company or
business enterprise, every person who was an owner of, or partner in, or
director of, or a shareholder, owning not less than ten per cent of the paid-
up capital, in the company or business enterprise, as the case may be, during
the relevant period shall jointly and severally with such persons, be liable
for the payment of such tax.
658
Section 57 is substituted by Finance Act, 2013.
659
Section 58 substituted by Finance Act, 2019.
120
Sales Tax Act, 1990
(2) Any director or partner who pays tax under sub-section (1)
shall be entitled to recover the tax paid from the company or a share of the
tax from any other director or partner, as the case may be.
(4) The provisions of this Act shall apply to any amount due under
this section as if it were tax due under an order for assessment made under
this Act.]
660
[58A. Representatives.– (1) For the purpose of this Act and subject
to sub-sections (2) and (3), the expression “representative” in respect of a
registered person, means: –
660
Section 58A and 58B inserted by Finance Act, 2008
121
Sales Tax Act, 1990
(b) who has any business connection with the non-resident person;
661
The expression substituted by and Explanation added by Finance Act, 2020.
122
Sales Tax Act, 1990
662
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
123
Sales Tax Act, 1990
Provided that where a person imports goods, the tax paid by him
thereon during a period of ninety days before making an application for
registration shall be treated as an input tax subject to the condition that he
663
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010
664
Section 59 inserted by Finance Act, 1999. Earlier it was omitted by Finance Act, 1997. Earlier it was substituted through Finance Act, 1996.
665
Commas and words “, other than the turnover tax” omitted by Finance Act, 2004.
666
Substituted for “section 18” by Finance Act, 2004
124
Sales Tax Act, 1990
holds the bill of entry relating to such goods and also that these are verifiable
unsold or un-consumed stocks on the date of compulsory registration or on
the date of application for registration or for voluntary registration.]
667
[60. Powers to deliver certain goods without payment of tax.–
Subject to such conditions, limitations or restrictions as it thinks fit to
impose, 668[Federal Government] may authorise the 669[import] of goods or
class of goods, without payment of the whole or any part of the tax payable
thereon to the following persons, namely: –
667
Section 60 Substituted by Finance Act, 1998.
668
Words substituted by Finance Act, 2018.
669
Substituted for “delivery” by Finance Act, 1999
670
Clause (ii) substituted by the Finance Act, 1999.
671
Clause (iii) omitted by Finance Act, 1999.
672
Words “the importation of” omitted by Finance Ordinance, 2002
673
Section 61A inserted by Finance Act, 2008.
125
Sales Tax Act, 1990
importation are re-exported outside Pakistan and such goods as are capable
of being identified, seven-eighth of such tax shall, except as otherwise
hereinafter provided, be repaid as drawback, and the provisions of Customs
Act, 1969 (IV of 1969), relating to drawback of customs duties shall, so far
as may be apply to such tax, as they apply for the purposes of that Act:
(c) varying the condition for the grant of drawback on any such
goods or class of such goods by restricting the period after
importation within which the goods must be re-exported.
126
Sales Tax Act, 1990
(a) tax has not been charged in any area on any supply which was
otherwise taxable, or according to the said practice the amount
charged was less than the amount that should have actually
been charged;
(b) the registered person did not recover any tax prior to the date it
was discovered that the supply was liable to tax; and
(c) the registered person started paying the tax from the date when
it was found that the supply was chargeable to tax;
674
Words substituted by Finance Act, 2018.
675
Words inserted by Finance Act, 1998.
676
Substituted for the full-stop by Finance Ordinance, 2001
677
Proviso inserted by Finance Ordinance, 2002.
678
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
127
Sales Tax Act, 1990
679
[ Provided 680[further] that in a case where the refund has become
due on account of any decision or judgement of any officer of 681[Inland
Revenue] or court or the Tribunal, the period of one year shall be reckoned
from the date of judgement or decision of such officer, court or
Tribunal682[:]]
Provided further that the application or claim filed under this section
shall be disposed of within a period not exceeding ninety days from the date
of filing of such application or claim.]
683
[Provided also that no refund shall be admissible under this
section if incidence of tax has been passed directly or indirectly to the
consumer.]
684
[67. Delayed Refund.– Where a refund due under section 10 is not
made within 685[the time specified in section 10 from the date] of filling of
686
[refund claim], there shall be paid to the claimant in addition to the
amount of refund due to him, a further sum equal to 687[KIBOR] per annum
of the amount of refund due, from the date following the expiry of [the time
specified 688[as aforesaid], to the day preceding the day of payment of
refund:
679
Proviso inserted by Finance Ordinance, 2001.
680
Word inserted by Finance Ordinance, 2002.
681
Substituted for “sales tax” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
682
Substituted for full stop by Finance Act, 2005
683
Proviso inserted by Finance Act, 2011.
684
Section 67 substituted by Finance Act, 1996.
685
Substituted for “thirty days” by Finance Act, 1997
686
Substituted for “return” by Finance Act, 2007
687
Substituted for “Six percent” by Finance Act, 2009, earlier the word “six” was substituted for “fourteen” by the Finance Act, 2004, before that it
was substituted for “ten” by Finance Supplementary (Amendment) Act, 1997. Which came into force on March 28, 1997, prior to this it was substituted
by Sales Tax (Second Amendment) Ordinance 1996, dated 2nd November, 1996.
688
Substituted for the words and figures “in section 10 from the date” by Finance Act, 2007.
689
Colon substituted for full stop and new proviso inserted by Finance Act, 2021.
128
Sales Tax Act, 1990
of such order, there shall be paid to the claimant in addition to the amount
of the refund due to him, a further sum equal to KIBOR per annum of the
amount of refund, due from the date of the refund order.]
690[67A.
Payment of refund through sales tax refund bonds.— (1)
Notwithstanding anything contained in section 67, the sales tax refunds
payable under this Act may also be paid through sales tax refund bonds to
be issued by FBR Refund Settlement Company 691[ ] Limited, in book-entry
form through an establishment licensed by the Securities and Exchange
Commission of Pakistan as a central depository under the Securities Act,
2015, (111 of 2015), in lieu of payment to be made through issuance of
cheques or bank debit advice.
(4) The bonds so issued shall have a maturity period of three years
and shall bear annual simple profit at ten per cent.
690
New section 67A inserted by Finance Supplementary (Second Amendment) Act, 2019
691
The word “private” omitted by Finance Act, 2019.
692
The word “private” omitted by Finance Act, 2019.
129
Sales Tax Act, 1990
(11) The refund under sub-section (1) shall be paid in the aforesaid
manner to the claimants who opt for payment in such manner.
68. Liability of the registered person for the acts of his agent.–
When any person is expressly or impliedly authorised by a registered person
to be his agent for all or any of the purposes of this Act, the registered person
shall be responsible for the act done by his agent.
694
[69. Issuance of duplicate of sales tax documents.– An officer of
695
[Inland Revenue not below the rank of Assistant Commissioner] may, on
payment of one hundred rupees, issue an attested duplicate of any sales tax
document as is available with the department or has been filed under this
Act or rules made thereunder to a relevant registered person applying for
the same.]
693
The expression substituted for the words “Federal Government” by Finance Act, 2019.
694
Section 69 substituted by the Finance Act, 2008.
695
Substituted for the words “Sales Tax not below the rank of Assistant Collector” by the Finance Act, 2010
130
Sales Tax Act, 1990
notification in the official Gazette, prescribe special procedure for scope and
payment of tax, registration, book keeping and invoicing requirements and
returns, etc. in respect of such supplies as may be specified therein.]
699
[(2) ***]
700
[(3) Notwithstanding anything contained in this Act or any other
law for the time being in force or any decision of any court, the trade
enrolment Certificate Schemes immediately in force before the
commencement of the Finance Act, 1999, shall be deemed to be validly
made under this Act.]
701
[72. Officers of 702[Sales Tax] to follow Board's orders, etc.– All
officers of 9[Inland Revenue] and other persons employed in the execution
of this Act shall observe and follow the orders, instructions and directions
of the Board:
Provided that no such orders, instructions or directions shall be
given so as to interfere with the discretion of [officers of 6[Inland Revenue]
in the exercise of their quasi-judicial functions.]
703
[72A Reference to the authorities.– Any reference to the Collector,
Additional Collector, Deputy Collector, Assistant Collector,
Superintendent, Senior Auditor and an officer of Sales Tax wherever occur
in this Act and rules, notifications, clarifications general orders or order
made or issued there under, shall be construed as reference to the
Commissioner Inland Revenue, Additional Commissioner Inland
Revenue,” Deputy Commissioner Inland Revenue, Assistant Commissioner
696
Section 71 inserted by Finance supplementary (Amendment) Act, 1997, which came into force on March 28, 1997. Earlier the same amendment
was made by Sales Tax (Second Amendment) Ordinance, 1996 and by Sales Tax (Amendment) Ordinance, 1997.
697
Section 71 re-numbered as sub-section (1) by Finance Act, 1999
698
The expression “Notwithstanding anything contained in this Act, the Federal Government” substituted through Finance Act, 2019.
699
Sub-section (2) omitted by Sales Tax (Amendment) Ordinance, 1999, dated 13th August, 1999. Earlier inserted by Finance Act, 1999.
700
Sub-section (3) inserted by Finance Act, 1999.
701
Sub-section (3) inserted by Finance Act, 1999.
702
Section 72 inserted by Finance Act, 1998.
9 Substitued for the Words “Sales Tax” by Finance Act, 2010.
703
Substituted for “sales” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment) Ordinance, 2010,
promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance, 2010, promulgated as Ordinance No.
III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan Extraordinary Part I at pages 23 to 53 and this amendment was made
through Finance (Amendment) Ordinance, 2009, promulgated as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of
Pakistan Extraordinary Part I at pages 229 to 259.
131
Sales Tax Act, 1990
(3) For the removal of doubt, it is hereby declared that the Board
shall be deemed always to have had, the power to select any persons or
classes of persons for audit of tax affairs under this section.]
706
[72C. Reward to Inland Revenue Officers and Officials.– (1) In
cases involving concealment or evasion of sales tax and other taxes, cash
reward shall be sanctioned to the officers and officials of Inland Revenue
for their meritorious conduct in such cases and to the informer providing
credible information leading to such detection, as may be prescribed by the
Board, only after realization of part or whole of a taxes involve in such
cases.
132
Sales Tax Act, 1990
(3) The claim for reward by the whistleblower shall be rejected, if-
133
Sales Tax Act, 1990
(2) The buyer shall not be entitled to claim input tax credit,
adjustment or deduction, or refund, repayment or draw-back or zero-rating
of tax under this Act if payment for the amount is made otherwise than in
the manner prescribed in sub-section (1), provided that payment in case of
a transaction on credit is so transferred within one hundred and eighty days
of issuance of the tax invoice.
Explanation— For the purpose of this section, the term “business bank
account” shall mean a bank account utilized by the registered person for
business transactions, declared to the 712[Commissioner] in whose
jurisdiction he is registered 713[through Form STR-1 or change of particulars
in registration database.]]
711
New proviso inserted by Finance Act, 2021.
712
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010, the same amendment was made by Finance Amendment)
Ordinance, 2010, promulgated as Ordinance no. III of 2010, the same amendment was made by Finance (Amendment) Ordinance,
2010, promulgated as Ordinance No. III of 2010, dated February 6, 2010, published in the official Gazette of Pakistan
Extraordinary Part I at pages 23 to 53 and this amendment was made through Finance (amendment) Ordinance, 2009, promulgated
as Ordinance No. XXII of 2009, dated October 28, 2009, published in the Gazette of Pakistan Extraordinary Part I at pages 229
to 259.
713
Words inserted by Finance Act, 2013.
134
Sales Tax Act, 1990
Provided that the aforesaid shall not apply to supplies made to.-
(a) Federal / provincial / local Government
departments, authorities, etc. not engaged in making
of taxable supplies;
(b) Foreign Missions, diplomats and privileged persons;
716
[***]
(c) all other persons not engaged in supply of taxable
goods; 4[and]
717
(d) persons or classes of person, specified by the Board
through notification in the official Gazette subject
to such conditions and restrictions as may be
specified therein.]
718[74.
Condonation of time-limit.– Where any time or period has
been specified under any of the provisions of the Act or rules made there
under within which any application is to be made or any act or thing is to be
done, the 719[Board] may, 720[at any time before or after the expiry of
such time or period,] in any case or class of cases, permit such application
to be made or such act or thing to be done within such time or period as it
may consider appropriate [:]
714
New sub-section “(4)” inserted through Tax Laws (Amendment) Act, 2020.
715
Word substituted by Finance Act, 2020.
716
Word “and” omitted and the word “and” inserted by Finance Act, 2020.
717
New clause (d) inserted by Finance Act, 2020.
718
Section 74 added by the Finance Ordinance, 2002.
719
Substituted for the words “Central Board of Revenue” by Finance Act, 2007.
720
Words added by Finance Act, 2022.
135
Sales Tax Act, 1990
Explanation.– For the purpose of this section, the expression “any act or
thing is to be done” includes any act or thing to be done by the registered
person or by the authorities specified in section 30 of this Act.]
721
Section 74A inserted through Finance Act, 2017
722
Existing provision numbered as sub-section (1) by Finance Act, 2018.
723
Figure substituted by Finance Act, 2018.
724
New sub-section (2) added by Finance Act, 2018.
725
New section 76 added through Finance Act, 2019.
726
Words “Federal Government” substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
136
Sales Tax Act, 1990
727
[(2) The Board may authorize and prescribe the manner in which
fee and service charges collected under sub-section (1) shall be expended.]
728[77.
Uniform.– The Board may, by notification in the official
Gazette, prescribe rules for wearing of uniform by officers and staff
of Inland Revenue Services.]
***************
SCHEDULES
The
FIRST SCHEDULE
729
[***]
The
SECOND SCHEDULE
730
[***]
731
[The
THIRD SCHEDULE
See 732[clause (a)] of sub-section (2) of section 3]
727
Existing sub-section renumbered as sub-section (1) and new sub-section (2) inserted by Finance Act, 2021.
728
New section 77 added by Finance Act, 2022.
729
The first schedule omitted by Finance Supplementary (Amendment) Act, 1997, with effect from March 28, 1997.
730
The Second Schedule omitted by Finance Supplementary (Amendment) Act, 1997, with effect from March 28, 1997.
731
The Third Schedule Substituted by Finance Act, 1998, earlier it was inserted by Finance Act, 1996.
732
Substituted for the words, brackets and letter “clause (c)” by Finance Ordinance, 2002
733
Substituted for the figure “21.05” through Finance Act, 2017
137
Sales Tax Act, 1990
734
Serial No.6 and entries relating thereto substituted by Finance Act, 2005, earlier these were inserted by Sales Tax (Amendment) Ordinance, 2002,
dated March 21, 2002.
735
Serial No.7 to 11 and entries relating thereto added by Finance Act, 2005
736
Expression substituted by Finance Act, 2022.
737
Serial No.12 to 13 and entries relating thereto omitted by Finance Act, 2008
738
Serial No.14 to 16 and entries relating thereto added by Finance Act, 2005
739
Serial No.17 and entries relating thereto added by Finance Act, 2005
740
Serial No.18 to 21 and entries relating thereto added by Finance Act, 2006
741
Serial No.19 to 20 and entries relating thereto omitted by Finance Act, 2008
138
Sales Tax Act, 1990
742
Serial Nos. 23 to 31, 34 and 35 entries relating thereto omitted by Notification No. S.R.O. 895(I)/2013, dated 4 th October, 2013.
743
Serial No. 32 and entries relating thereto omitted by Finance Act, 2022.
744
Serial Nos. 22 and 36 and entries relating thereto omitted Notification No. S.R.O. 681(I)/2013, dated 26 th July, 2013.
745
New Serial number added through Finance Act, 2016
746
Serial numbers 38 up to 49 and entries relating thereto added through Finance Act, 2019.
139
Sales Tax Act, 1990
140
Sales Tax Act, 1990
The
FOURTH SCHEDULE
748
[***]
749
[The
FIFTH SCHEDULE
[See section 4]
Serial Description
No.
(1) (2)
750
[1. ***]
2. Supply to diplomats, diplomatic missions, privileged persons
and privileged organizations which are covered under various
Acts, Orders, Rules, Regulations and Agreements passed by
the Parliament or issued or agreed by the Government of
Pakistan.]
751
[3. ***]omitted
752
[4. ***]]
747
Serial number 50 omitted by Finance (Supplementary) Act, 2022 w.e.f 1st day of December, 2021.
748
Fourth Schedule omitted by Finance Act, 1998.
749
Fifth Schedule added by Finance Act, 1996.
750
S. Nos. 1 and 6 and entries relating thereto omitted by Finance Act, 2021.
751
Serial number 3 and entries relating thereto in column (2) omitted by Finance (Supplementary) Act, 2022.
752
Serial No. 4 and entry relating thereto omitted by Finance Act, 2012
141
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
753
[5. Supplies of raw materials 754[, components and goods for
further] manufacture of goods in the Export Processing
Zones.]
754
[6. *****]
755
[6A. ***]omitted
756
[7. Supplies made to exporters under the Duty and Tax
Remission Rules, 2001 subject to the observance of
procedures, restrictions and conditions prescribed therein.]
757
[8. Imports or supplies made to Gawadar Special Economic
Zone, excluding vehicles falling under heading 87.02 of the
Pakistan Customs Tariff, subject to such conditions,
limitations and restrictions as the 758[Board] may impose. ]
759
[8A. Imports or supplies made by, for or to a qualified investment
as specified at Serial No.1 of the First Schedule to the Foreign
Investment (Promotion and Protection) Act, 2022 for the
period as specified in the Second Schedule to the said Act.]
[9. ***]omitted
760
[10. ******]
6
[11. ****]
12. The following goods and the raw materials, packing materials,
sub-components, components, sub-assemblies and assemblies
imported or purchased locally for the manufacture of the said
goods, subject to the conditions, limitations and restrictions as
761
[prescribed by the Board]:--
753
Serial No. 5 added by the Finance Act, 1997.
754
Substituted for the words “and components for” by the Sales Tax (Amendment) Ordinance, 1999
755
Serial number(s) 6A and 9 and entries relating thereto in column (2) omitted by Finance (Supplementary) Act, 2022.
756
Serial No. 7 added by Finance Ordinance, 2001
757
Serial No. 8 and entries relating thereto inserted by Finance Act, 2004
758
Substituted f Revenue” by Finance Act, 2007
759
New serial No. 8A added by the Finance Act, 2023
760
S. Nos. 10 and 11 and entries relating thereto omitted by Finance Act, 2021.
761
Substituted for the word “specified in Chapter XIV of the Sales Tax Special Procedure Rules, 2007” through Finance Act, 2019.
142
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
762
[(i) to (ix) [......]]
763
[(x) ...
(xi) ...
(xii) ...
(xiii) ...
(xiv) ...
(xv) ...
(xi) ...]
764
(xvii) [Preparations suitable for infants, put up for
retail sale 765[not exceeding rupees 766[six]
hundred per two hundred grams] (PCT Heading
1901.1000)
767
(xviii) [.....]
762
Serial numbers (i) to (ix) omitted through Finance Act, 2016.
763
Clauses (x) to (xvi) omitted by Finance Act, 2015
764
Expression substituted through Finance Act, 2017
765
Words added by Finance (Supplementary) Act, 2022.
766
For the word “five” the word “six” substituted by Finance Act, 2023
767
Serial number (xviii) omitted through Finance Act, 2016.
768
Clause (xix) omitted by Finance (Supplementary) Act, 2022.
769
New clauses (xx) to (xxvii) inserted by Finance Act, 2018.
143
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
(xxiii) Exercise books (PCT heading 4820.2000)
(xxiv) Pencil sharpeners (PCT heading 8214.1000)
(xxv) 770[other drawing, marking out or mathematical
calculating instruments (geometry box) (PCT
heading 9017.2000)]
(xxvi) Pens, ball pens, markers and porous tipped pens
(PCT heading 96.08)
(xxvii) Pencils including color pencils (PCT heading
96.09)”.]
771
[13. Supplies of raw materials, components and goods for further
manufacture of goods in the Gwadar Free Zone and export
thereof, provided that in case of supply to tariff area of
Pakistan, tax shall be charged on the value assessed on the
Goods Declaration for import
14 Supplies of locally manufactured plant and machinery of the
following specifications, to manufacturers in the Gwadar Free
Zone, subject to the conditions, restrictions and procedure
given below, namely:−
(i) plant and machinery, operated by power of any
description, as is used for the manufacture or
production of goods by that manufacturer.
(ii) apparatus, appliances and equipment specifically
meant or adapted for use in conjunction with the
machinery specified in clause (i).
(iii) mechanical and electrical control and transmission
gear, meant or adapted for use in conjunction with
machinery specified in clause (i).
(iv) parts of machinery as specified in clauses (i), (ii) and
(iii), identifiable for use in or with such machinery.
Conditions, restrictions and procedures:−
(a) the supplier of the machinery is registered under the
Act;
144
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
(b) proper bill of export is filed showing registration
number;
(c) the purchaser of the machinery is an established
manufacturer located in the Gwadar Free Zone and
holds a certificate from the Gwadar Port Authority to
that effect;
(d) the purchaser submits an indemnity bond in proper
form to the satisfaction of the concerned
Commissioner Inland Revenue that the machinery
shall, without prior permission from the said
Commissioner, not be sold, transferred or otherwise
moved out of the Gwadar Free Zone before a period
of five years from the date of entry into the Zone;
(e) if the machinery is brought to tariff area of Pakistan
outside Gwadar Free Zone, sales tax shall be charged
on the value assessed on the Goods Declaration for
import; and
(f) breach of any of the conditions specified herein shall
attract legal action under the relevant provisions of the
Act, besides recovery of the amount of sales tax along
with default surcharge and penalties involved.]
772
[15. ***]omitted
16. Milk (PCT heading 04.01).
773
[17. Fat filled milk (PCT heading 1901.9090)]
[18. ***]omitted
774
[19. ***]
20. Petroleum Crude Oil (PCT heading 2709.0000)].
775
[21. Local supplies of 776[commodities,] raw materials,
components, parts and plant and machinery to registered
exporters authorized under Export Facilitation Scheme,
772
Serial numbers 15 and 18 omitted by Finance (Supplementary) Act, 2022.
773
Serial numbers 17 substituted by Finance Act, 2022.
774
Serial number 19 omitted by Finance Act, 2022.
775
New serial number 21 added by Finance Act, 2022.
776
Expression added by Finance Act, 2023
145
Sales Tax Act, 1990
146
Sales Tax Act, 1990
777
[The
SIXTH SCHEDULE
[See section 13(1)]
Table-1
(Imports or Supplies)
777
Sixth Schedule substituted by Finance Act, 2005. Earlier it was substituted by Finance Act, 1998. Originally it was inserted by Finance Act, 1996.
778
Serial number(s) 1,2,3,11 and 12 omitted by Finance (Supplementary) Act, 2022.
779
S. Nos. 4 to10 and entries relating thereto omitted by Finance Act, 2006
780
Words inserted by Finance (Supplementary) Act, 2022.
781
The words inserted by the Finance Act, 2009.
784
The figure and comma “0701.9000,” omitted by the Finance Act, 2009
785
The figure and comma “0703.1000,” omitted by the Finance Act,2009
147
Sales Tax Act, 1990
782
Substituted for the comma by the Finance Act, 2008
783
The words “or package” omitted by the Finance Act, 2008.
786
Expression omitted by Finance Act, 2022.
787
Substituted for the figure and comma “0713.2000” by the Finance Act, 2009
148
Sales Tax Act, 1990
788
Serial number 15 substituted by Finance (Supplementary) Act, 2022.
789
Word substituted by Finance Act, 2023
790
Substituted for PCT heading “0904.2010” by the Finance Act, 2012
791
Substituted for PCT heading “0904.2020” by the Finance Act, 2012
792
Word substituted by Finance Act, 2023
793
Substituted for the figure “0910.1000” through Finance Act, 2017
149
Sales Tax Act, 1990
794
Word substituted by Finance Act, 2023
795
Serial number 19 substituted by Finance (Supplementary) Act, 2022.
796
Serial number 20 omitted by Finance (Supplementary) Act, 2022.
797
Serial number(s) 21and 23 omitted by Finance (Supplementary) Act, 2022.
798
Serial numbers 22,24,26, 27, 29 and 29C omitted by Finance Act, 2021.
799
S. No. 25 and the entries relating thereto omitted by the Finance Act, 2013
800
Serial No. 28 and entries relating thereto omitted by Finance Act, 2015
801
S. Nos. 29A and 29B omitted by the Finance Act, 2011
802
S. No. 30 omitted by the Finance Act, 2011
150
Sales Tax Act, 1990
803
Substituted for the words and figures “4901.9910 and respective headings of 85.24” by the Finance Act, 2007
804
Substituted for PCT heading “8523.4010” by Finance Act, 2012
805
Substituted for PCT heading “8523.4030” by Finance Act, 2012
806
Substituted for PCT heading “8523.4090” by Finance Act, 2012
807
Serial number 32 substituted by Finance Act, 2022.
808
Substituted for the figure “4907.0000” by Finance Act, 2017
809
S. Nos. 34 & 35 omitted by the Finance Act, 2011
810
Serial number 36 omitted through Finance Act, 2019.
811
Serial number 37 omitted through Finance Act, 2019.
812
Substituted for the figure “7108.2000” by Finance Act, 2017
813
The word and figures added by the Finance Act, 2007
814
S. No. 39 and entries relating thereto omitted by Finance Act, 2015
815
S. No. 40 omitted by the Finance Act, 2006
816
S. Nos. 41 to 44 omitted by the Finance Act, 2011
151
Sales Tax Act, 1990
152
Sales Tax Act, 1990
821
Substituted for the words “Central Board of Revenue” by Finance Act, 2007
822
Serial number(s) 49 to 57 and 58 omitted by Finance (Supplementary) Act, 2022.
823
Serial No. 56 and entries relating thereto omitted by Finance Act, 2015
153
Sales Tax Act, 1990
824
Substituted for the word “and” by the Finance Act, 2008
825
The comma and words inserted by the Finance Act 2014
826
Substituted for the word and figures “and 99.25” by the Finance Act, 2008
827
The comma and figure inserted by the Finance Act 2014
154
Sales Tax Act, 1990
828
[60. ***] omitted
[61. ***] omitted
829
[62. ***]
[63. ***] omitted
830
[64. ***
65. ***
66. ***
67. ***
68. ***
69. ***
70. ***.]
831
[71. ***] omitted
[72. ***] omitted
832
[73. ***]
73A. ***]
74. ***]
75. ***]
76. ***]
77. ***]
78. ***]
79. ***]
80. ***]
[81. ***] omitted
82. ***]
828
Serial number(s) 60, 61 and 63 omitted by Finance (Supplementary) Act, 2022.
829
S. No. 62 omitted by the Finance Act, 2011
830
S. Nos. 64 to 70 omitted by the Finance Act, 2011
831
Serial number(s) 71, 72, 81, 84 and 92 omitted by Finance (Supplementary) Act, 2022.
832
Serial numbers 73 to 80, 82, 83 and 85 omitted by Finance Act, 2021.
155
Sales Tax Act, 1990
833
Serial numbers 85, 91 and 93 omittted by Finance Act, 2021.
834
Serial number 95 and entries relating thereto is omitted through Finance Act, 2019.
835
The expression substituted by Finance Act, 2017
836
Serial number 99 omitted by Finance (Supplementary) Act, 2022.
837
Spellings of “Gawadar” corrected as “Gwadar” by Finance Act, 2017
156
Sales Tax Act, 1990
838
New serial numbers 100A & 100B added through Finance Act, 2016.
839
The expression inserted through Finance Act, 2017
840 The expression inserted by Finance Act, 2020 shall have effect from the 1 st June, 2020.
157
Sales Tax Act, 1990
841
Spellings of “Gawadar” corrected as “Gwadar” by Finance Act, 2017
158
Sales Tax Act, 1990
842
The expression inserted and words substituted by Finance Act, 2020 shall have effect from the 1 st June,
2020.
159
Sales Tax Act, 1990
160
Sales Tax Act, 1990
843
Spellings of “Gawadar” corrected as “Gwadar” by Finance Act, 2017
161
Sales Tax Act, 1990
162
Sales Tax Act, 1990
844
New S.No. 100C and entries relating thereto inserted through Finance Act, 2017
163
Sales Tax Act, 1990
845
New serial number 100D inserted by Finance Act, 2020 shall have effect from the 1st June, 2020.
164
Sales Tax Act, 1990
846
Serial number 101 omitted by Finance Act, 2021.
847
Serial number(s) 102, 104 and 105 omitted by Finance (Supplementary) Act, 2022.
848
Serial number 103 omitted by Finance Act, 2021.
849
Serial numbers 106 and 108 omitted by Finance Act, 2021.
850
Serial number(s) 109 and 110 omitted by Finance (Supplementary) Act, 2022.
851
Serial No. 111, expression “White crystalline sugar” omitted through Finance Act, 2016.
165
Sales Tax Act, 1990
852
New sub-serial No(s) 7 to.25 under entry A of S.No. 112 and entries relating thereto added by Finance Supplementary (Amendment) Act, 2018.
166
Sales Tax Act, 1990
B. ANGIOGRAPHY
PRODUCTS
1. Angiography Catheters
2. Sheaths
3. Guide Wires
4. Contrast Lines
5. Pressure Lines
6. Mannifolds
853
7. [Wrist Bands for Radial
Vessel Closure]
C. CONTRAST MEDIA
FOR
ANGIOGRAPHY/ANG
IOPLASTY
853
New sub-serial No. 7 under entry B of S.No. 112 and entries relating thereto added by Finance Supplementary (Amendment) Act, 2018.
167
Sales Tax Act, 1990
1. Angiography Accessories
2. ASD Closure Devices
3. ASD Delivery Systems
4. VSD Closure Devices
5. VSD Delivery System
6. Guide Wires
7. Sizing Balloons
8. Sizing Plates
9. PDA Closure Devices
10. PDA Delivery System
D. TEMPORARY
PACEMAKERS
(with leads, connectors
and accessories)
E. PERMANENT
PACEMAKER.
(with leads, connectors
and accessories)
F. HEART FAILURE
DEVICES
(with leads, connectors
and accessories)
G. IMPLANTABLE
CARDIOVERTES
(with leads, connectors
and accessories)
168
Sales Tax Act, 1990
1. Electrophysiology
catheters
2. Electrophysiology cables
3. Electrophysiology
connectors
4. 854[Excimer Laser System
with Accessories
5. Laser Sheath, Occlusion
Balloons, Dilator Sheaths
(Rotation & Manual)
6. Intra Cardiac
Echocardiography (ICE)
System and Accessories
7. Lead Locking Devices
and Accessory Kit
8. Remote EP Monitoring
Device and Accessories
9. Ablation catheters
10. 3-D Cardiac Mapping
System
11. Cryoballoon System and
Accessories]
I. LEAR CARDIOLOGY
PRODUCTS
1. Radioactive isotopes
854
New sub-serial No(s) 4 to 11 under entry H of S.No. 112 and entries relating thereto added by Finance Supplementary (Amendment) Act, 2018.
169
Sales Tax Act, 1990
J. CARDIAC SURGERY
PRODUCTS
1. Oxygenators
2. Cannulas
3. Prosthetic Heart Valves
4. Luminal shunts for heart
surgery
5. Artificial limbs and
appliances
855
6. [High-Flow, Low-
Profile Percutaneous
Heart Pump PHP Console
and Catheters
7. Tandem Heart / Tandem
Lung and Accessories
8. Ventricular Assist Device
System
(a) Heart Mate-II
(b) Heart Mate-III
(c) Centri Meg LEOV
855
New sub-serial No(s) 6 to 12 under entry J of S.No. 112 and entries relating thereto added by Finance Supplementary (Amendment) Act, 2018.
170
Sales Tax Act, 1990
K. EQUIPMENT
1. Cardiac Angiography
Machine
2. Echocardiography
Machines
3. ETT Machines
4. Gamma Camera for
Nuclear Cardiology
Studies
5. 856[Left Ventricular Assist
Device / System (LVAD)
and Catheters
6. MitraClipTranscatheter
Mitral Valve System
7. MitraClip Guide Catheter,
Clip and Delivery System
8. Patent Foramen Ovale
(PFO) Closure Device
9. Left Atrial Appendage
(LAA) Occluder
10. Transcatheter Aortic /
Heart Valve System
(TAVI/TAVR)
11. Cerebral Retrievable
Stents
12. Aortic Stent Grafts
856
New sub-serial No(s) 5 to 18 under entry K of S.No. 112 and entries relating thereto added by Finance Supplementary (Amendment) Act, 2018.
171
Sales Tax Act, 1990
L. PERIPHERAL
INTERVENTIONS
EQUIPMENT
857
Words “Drug Eluting Peripheral Stents” under entry L of S.No. 112 added by Finance Supplementary (Amendment) Act, 2018.
172
Sales Tax Act, 1990
HIV Kits
4C Es Trionyx
5C Cell control Lnormal
Bovine precision multi
sera
Pregnancy test
DNA SSP DRB Generic
IC
Reticulocyte count
(control) retic C Control
Kit for vitamin B12
estimation
Ferritin kit
HEV (Hepatitis E virus)
ID-DA Cell
Urine Analysis Strips
Albumin beg
Cratinin sysi
Ring
858
Serial number(s) 113, 114, 116, and 117 omitted by Finance (Supplementary) Act, 2022.
859
Serial number 115 omitted by Finance Act, 2021.
860
S.No. 118 omitted by Finance Supplementary (Second Amendment) Act, 2019
861
Serial No. 119, expression “Tubular day..” omitted through Finance Act, 2016.
862
Words substituted by Finance Act, 2022.
173
Sales Tax Act, 1990
174
Sales Tax Act, 1990
175
Sales Tax Act, 1990
864
Serial numbers 123 to 125 omitted by Finance Act, 2021.
865
Serial number(s) 126, 127 and 129 omitted by Finance (Supplementary) Act, 2022.
866
Serial number 128 omitted by Finance Act, 2021.
867
Serial number(s) 130 to 132 omitted by Finance (Supplementary) Act, 2022.
176
Sales Tax Act, 1990
868
The words “ingredients for pesticides” and the figure “2903.3040” omitted by Finance Act, 2017
869
The words “Cadusafos Technical Material” and figure “2903.6900” omitted by Finance Act, 2017
870
The words “ingredients for pesticides” and the figure “2918.9010” omitted by Finance Act, 2017
871
The words “ingredients for pesticides” and the figure “2919.0010” omitted by Finance Act, 2017
177
Sales Tax Act, 1990
872
The words “other ingredients for pesticides” and the figure “2919.0090” omitted by Finance Act, 2017
873
The words “Tiethanolamine and its salts” and the figure “2922.1300” omitted by Finance Act, 2017
874
The words “ingredients for pesticides” and the figure “2924.2930” omitted by Finance Act, 2017
178
Sales Tax Act, 1990
875
For expression, words “respective headings” substituted by Finance Act, 2022.
876
For expression, words “respective headings” substituted by Finance Act, 2022.
877
For expression, words “respective headings” substituted by Finance Act, 2022.
878
For expression, words “respective headings” substituted by Finance Act, 2022.
179
Sales Tax Act, 1990
879
For expression, words “respective headings” substituted by Finance Act, 2022.
880
Substituted for the figure “2939.9910” by Finance Act, 2017
881
For expression, words “respective headings” substituted by Finance Act, 2022.
882
For expression, words “respective headings” substituted by Finance Act, 2022.
883
For expression, words “respective headings” substituted by Finance Act, 2022.
884
For expression, words “respective headings” substituted by Finance Act, 2022.
885
For expression, words “respective headings” substituted by Finance Act, 2022.
180
Sales Tax Act, 1990
886
For expression, words “respective headings” substituted by Finance Act, 2022.
887
Substituted for the figure “3824.9099” by Finance Act, 2017
888
New entries inserted by Finance Act, 2021.
889
Serial number(s) 134 to 136 omitted by Finance (Supplementary) Act, 2022.
890
S.No. 137 and entries relating thereto substituted by Finance Act, 2022.
891
Serial number(s) 138 to 142 omitted by Finance (Supplementary) Act, 2022.
181
Sales Tax Act, 1990
182
Sales Tax Act, 1990
183
Sales Tax Act, 1990
184
Sales Tax Act, 1990
185
Sales Tax Act, 1990
892
Serial number 146 omitted by Finance (Supplementary) Act, 2022.
186
Sales Tax Act, 1990
187
Sales Tax Act, 1990
893
Serial number 149 and 150 omitted by Finance (Supplementary) Act, 2022.
894
New serial numbers 151, 152 and 153 and entries relating thereto in column (2) and (3) inserted through Finance Act, 2019.
895 Expression substituted by Finance Act, 2023
188
Sales Tax Act, 1990
189
Sales Tax Act, 1990
899
Serial number 155 omitted by Finance (Supplementary) Act, 2022.
900
Serial number 156 substituted by Finance (Supplementary) Act, 2022.
901
New serial numbers 157 to 162 inserted by Finance Act, 2021.
190
Sales Tax Act, 1990
902
Serial number 158 omitted by Finance (Supplementary) Act, 2022.
903
Serial numbers 159 & 160 omitted by Finance Act, 2023
904
New serial number(s) 163 to 174 added by Finance Act, 2022.
191
Sales Tax Act, 1990
192
Sales Tax Act, 1990
DAP]
169. Oil cake and other solid 2306.1000
residues
170. Tractor 8701.9220 and
8701.9320
171. Seeds for sowing Respective heading
172. Machinery, equipment and Respective headings
materials imported either for
exclusive use within the
limits of Export Processing
Zone or for making exports
therefrom, and goods
imported for warehousing
purpose in Export
Processing Zone, subject to
the conditions that such
machinery, equipment,
materials and goods are
imported by investors of
Export Processing Zones,
and all the procedures,
limitations and restrictions
as are applicable on such
goods under the Customs
Act, 1969 (IV of 1969) and
rules made thereunder shall
mutatis mutandis, apply.
193
Sales Tax Act, 1990
194
Sales Tax Act, 1990
906
[Annex-I
[See serial No. 100A & 100B]
Header Information
NTN/FTN of Importer Approval No.
(1) (2)
Details of materials and equipments (to be filled in by the Goods imported (Collectorate of
authorized officer of the Ministry of Ports and Shipping) import)
Date of CRN/
Customs duty
Collectorate
Description
Mach No.
Mach No.
imported
Quantity
Quantity
HS code
Specs
CRN/
UOM
(3) (4) (5) (6) (7) WHT
(8) (9) (10) (11) (12 (13) (14
) )
Header Information
NTN/FTN of Importer Approval No.
(1) (2)
Details of materials and equipments (to be Goods imported (Collectorate of
filled in by the authorized officer of the import)
Ministry of Ports and Shipping)
Date of CRN/
duty
Collectorate
Description
Mach No.
Mach No.
imported
Customs
Quantity
Quantity
HS code
Specs
CRN/
UOM
WHT
(3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
NOTE 1.–
Before certifying, the authorized officer of the
Ministry of Ports and Shipping shall ensure that the
goods are genuine and bona fide requirement for
construction and operation of Gwadar Port and
development of Free Zone for Gwadar Port.
Signature________________________
Designation ________________________
NOTE 2.– In case of clearance through Pakistan Customs Computerized
System, the above information shall be furnished online against a specific
906
Annexure-I inserted through Finance Act, 2016.
195
Sales Tax Act, 1990
user I.D. and password obtained under section 155D of the Customs Act,
1969 (IV of 1969).
196
Sales Tax Act, 1990
907
[Annex-A
[See condition 145(iii)]
INDEMNITY BOND
(On appropriately stamped non-judicial paper)
THIS DEED OF INDEMNITY is made on the _________ date of
__________BETWEEN Messrs___________ having registered office at
_________(hereinafter called "the importers" which means and includes
their successors, administrators, executors and assignees) of the one part,
AND the President of Pakistan through the Collector of Customs
_________ (hereinafter called the "Collector of Customs"), of the other part.
907
New Annexures A, B, C & D inserted by Finance Act, 2018.
197
Sales Tax Act, 1990
of the said serial number 145 or serial number 148 of this table, as the case
may be.
The importers further agree and bind themselves that the amount covered
by this Bond shall be recovered as arrears of sales tax under section 202 of
the Customs Act, 1969. This Bond shall become void when the Collector of
Customs is satisfied that the importers have fulfilled all the conditions of
the said serial number 145 or serial number 148 of this table, as the case
may be.
Signed by importers on this ____________________ day of
_____________201_.
Managing Director
(Name and permanent address)
Collector of Customs (On behalf
of President)
Witness_____________________________________________________
(signature, name, designation and full address)
Witness_____________________________________________________
(signature, name, designation and full address)
Note: The bond shall be written on appropriate non-judicial stamp paper and
shall be witnessed by a Government servant in BPS 17 or above, an Oath
Commissioner, a Notary Public or an officer of a Schedule Bank.
Annex-B
[See condition 145 (iv) and (v)]
NTN or FTN of Importer Approval No.
(I) (II)
Details of input goods (to be filled by the authorized officer of the
Regulatory Authority) to be imported
Description Quantity/UOM L/C No. IGM No. Remarks, if
and or bank Date & any.
specifications. contract Index No.
No. and
B/L.
(1) (2) (3) (4) (5)
CERTIFICATE BY THE AUTHORIZED OFFICER OF REGULATORY
AUTHORITY:
198
Sales Tax Act, 1990
Signature: ________________________
Name & Designation: ________________________
Official Stamp: ________________________
Date: ________________________
Note: -For the purposes of this serial number 145, the expression "not
manufactured locally" shall mean the goods which are not listed in the
locally manufactured items in the Customs General Order issued by the
Federal Board of Revenue from time to time.
Annex-C
[See condition 146(b)]
INDEMNITY BOND
199
Sales Tax Act, 1990
The importers further agree and bind themselves that the amount covered
by this Indemnity Bond shall be recovered as arrears of sales tax under
section 202 of the Customs Act, 1969. This Bond shall stand revoked
automatically when the Collector of Customs is satisfied that the importers
have fulfilled all the conditions of the said serial number 146.
Witness(1)___________________________________________________
(signature, name, designation and full address)
Witness(2)__________________________________________________
(signature, name, designation and full address)
Annex-D
[See conditions 146 (c) and (e)]
200
Sales Tax Act, 1990
Signature: ________________________
Name and Designation: ________________________
Official Stamp: ________________________
Date: ________________________”]
201
Sales Tax Act, 1990
Table-2
(Local Supplies only)
908
Serial number(s) 1, 2 and 4 omitted by Finance (Supplementary) Act, 2022.
909
S. No. 3 substituted by the Finance Act, 2007
910
Substituted by the Finance Act, 2014
911
S. No. 5 omitted by the Finance Act, 2011
912
Serial number 7 substituted by Finance (Supplementary) Act, 2022.
913
Expressions omitted by Finance Act, 2022.
914
Expressions omitted by Finance Act, 2022.
915
Expressions omitted by Finance Act, 2022.
202
Sales Tax Act, 1990
916
S. No. 11 omitted by the Finance Act, 2022.
917
S. No. 12 omitted by the Finance Act, 2013
918
S. Nos. 13 to 16 added by the Finance Act, 2014
919
S. No. 13 & 14 omitted by the Finance Act, 2015
920
Serial number(s) 9, 15 and 16 omitted by Finance (Supplementary) Act, 2022.
921
S. Nos. 17 to 20 and 24, 25 omitted by Finance Act, 2021.
922
Serial number(s) 22, 23 and 33 omitted by Finance (Supplementary) Act, 2022.
203
Sales Tax Act, 1990
923
[26. Supply of locally produced Respective heading
silos till 30.06.2026
924
27. Wheat Bran [This 2302.3000
exemption shall apply from
the 1st day of July, 2018]
28. Sugar beet 1212.9100
29. Fruit juices, whether fresh, 2009.1100, 2009.1200,
frozen or otherwise preserved 2009.1900, 2009.2100,
but excluding those bottled, 2009.2900, 2009.3100,
canned or packaged. 2009.3900, 2009.4100,
2009.4900, 2009.5000,
2009.6100, 2009.6900,
2009.7100, 2009.7900,
and 2009.9000
30. Milk and cream, concentrated 04.02
or containing added sugar or
other sweetening matter,
excluding that sold in retail
packing under a brand name
31. Flavored milk, excluding that 0402.9900
sold in retail packing under a
brand name
32. Yogurt, excluding that sold 926[Respective heading]
925
[***] under a brand name
[33. ***] omitted
34. Butter, excluding that sold 0405.1000
932
[***] under a brand name
35. Desi ghee, excluding that sold 0405.9000
932
[***] under a brand name
36. Cheese, excluding that sold 0406.1010
932
[***] under a brand name
37. Processed cheese not grated or 0406.3000
powdered, excluding that sold
932
[***] under a brand name
923
New serial numbers 26 to 39 inserted by Finance Act, 2021.
924 Expression added by Finance Act, 2023
925
Under serial number(s) 32 and 34 to 37 words omitted by Finance Act, 2023
926
Words substituted by Finance Act, 2022.
204
Sales Tax Act, 1990
927
Serial number 38 omitted by Finance (Supplementary) Act, 2022.
928
Under serial number(s) 39, 41 and 42 words omitted by Finance Act, 2023
929
Serial number(s) 40 to 51 inserted by Finance (Supplementary) Act, 2022.
930
Serial number 45 substituted by Finance Act, 2022.
205
Sales Tax Act, 1990
Notes:--
931
New serial number(s) 52 to 54 added by Finance Act, 2022.
932
New serial number 55 added by Tax Laws (Second Amendment) Ordinance, 2022.
206
Sales Tax Act, 1990
3. For the purposes of exemption of sales tax under serial numbers 46,
47, 49, 50, 51, 52, 53, 56, 57, 59, 60 and 62 of this Schedule, the definitions,
restrictions, limitations, conditions and procedures and all the provisions of
Chapter 99 of the First Schedule to the Customs Act, 1969 (IV of 1969), for
the purposes of applying zero-rate of customs duty shall, mutatis mutandis,
apply and shall be deemed and construed to be part of this Schedule.
---------
933
[TABLE-3
(ii) except for S. No. 9, 14, 934[14A and 15] of the Annexure, the
Chief Executive, or the person next in hierarchy duly
authorized by the Chief Executive or Head of the importing
company shall certify in the prescribed manner and format as
per Annex-A that the imported items are the company’s bona
fide requirement. He shall furnish all relevant information
online to Pakistan Customs Computerized System against a
specific user ID and password obtained under section 155D of
the Customs Act, 1969. In already computerized Collectorates
or Customs stations where the Pakistan Customs Computerized
System is not operational, the Project Director or any other
person authorized by the Collector in this behalf shall enter the
933
Inserted by Finance Act, 2014
934
The figure and words inserted through Finance Act, 2017
207
Sales Tax Act, 1990
935
Inserted by Finance Act, 2014.
936
Serial number(s) 1 to 9 and 11 omitted by Finance (Supplementary) Act, 2022.
208
Sales Tax Act, 1990
6. ***] omitted
7. ***] omitted
8. ***] omitted
9. ***] omitted
937
10. ***] omitted
937
Serial number 10 omitted by Finance Act, 2015.
209
Sales Tax Act, 1990
938
Serial number(s) 13 to 15B and 17 omitted by Finance (Supplementary) Act, 2022.
939
S.No. 16 and entries relating thereto omitted by Finance Act, 2015
210
Sales Tax Act, 1990
211
Sales Tax Act, 1990
212
Sales Tax Act, 1990
943[“Annex-A
Header Information
NTN/FTN of Importer Regulatory Authority Name of Regulatory authority
no.
(1) (2) (3)
Details of Input goods (to be filled by the chief Goods imported (Collectorate of import)
executive of the importing company)
Custom Duty rate
rate
Quantity imported
Date of CRN/
(applic-able)
Collectorate
Sales Tax
(applicable)
Description
Mach No.
HS Code
Quantity
Specs
Mach.
CRN/
UOM
WHT
No.
(4) (5) (6) (7) (8) (9) (10) (11 (12) (13) (14) (15)
)
CERTIFICATE. It is certified that the description
and quantity mentioned above are commensurate
with the project requirement and that the same
are not manufactured locally. It is further certified
that the above items shall not be used for any
other purpose.
943 Annex-A substituted by Finance Act, 2022.
213
Sales Tax Act, 1990
Header Information
NTN/FTN of Importer Approval No.
(1) (2)
Details of Input goods (to be filled by the Goods imported (Collectorate of
authorized officer of the Regulatory Authority) import)
Sales Tax rate
Custom Duty
Date of CRN/
Collectorate
CRN/Mach.
(applicable)
(applicable)
Description
HS Code
imported
Quantity
Quantity
UOM
Specs
Mach
WHT
rate
No.
No.
944
Inserted by the Finance Act, 2014
214
Sales Tax Act, 1990
(3) (4) (5) (6) (7) (8) (9 (10) (11) (12) (13) (14)
)
Signature ________________________
Designation ________________________
The goods specified in column (2) of the Annexure below falling under the
PCT codes specified in column (3) of the said Annexure, when supplied
within the limits of the Border Sustenance Markets, established in
cooperation with Iran and Afghanistan, shall be exempted from the whole
of the sales tax, subject to the following conditions, namely:–
(i) Such goods shall be supplied only within the limits of Border
Sustenance Markets established in cooperation with Iran and
Afghanistan;
(ii) If the goods, on which exemption under this Table has been
availed, are brought outside the limits of such markets, sales
tax shall be charged on the value assessed on the goods
declaration import or the fair market value, whichever is
higher;
(iii) Such items in case of import, shall be allowed clearance by the
Customs Authorities subject to furnishing of bank guarantee
equal to the amount of sales tax involved and the same shall
be released after presentation of consumption certificate
issued by the Commissioner Inland Revenue having
jurisdiction;
945
Table-4 added by Finance Act, 2021.
215
Sales Tax Act, 1990
Annexure
S.No Description Heading Nos of
the First Schedule
to the Customs
Act, 1969 (IV of
1969)
(1) (2) (3)
1 Seed (Potatoes) 0701.1000
2 Tomatoes, fresh or chilled 0702.0000
3 Onions and shallots 0703.1000
4 Garlic 0703.2000
5 Cauliflowers cabbage 0704.9000
6 Carrots and turnips 0706.1000
7 Cucumbers and gherkins fresh or 0707.0000
chilled
8 Peas (pisum sativum) 0708.1000
9 Beans (vigna spp., phaseolus spp.) 0708.2000
10 other leguminous vegetables 0708.9000
11 Peas (Pisum sativum) 0713.1000
12 Grams (Dry/Whole) 0713.2010
13 Dried leguminous vegetables 0713.2090,
0713.9090
14 Beans of the species Vigna mungo 0713.3100
(L.) Hepper or Vigna radiata (L.)
Wilczek
216
Sales Tax Act, 1990
217
Sales Tax Act, 1990
218
Sales Tax Act, 1990
946
80 Yogurt [0403.2000]
81 Other (Potatoes) 0701.9000
82 Sweet corn 0710.4000
83 Mixtures of vegetables 0710.9000
219
Sales Tax Act, 1990
220
Sales Tax Act, 1990
221
Sales Tax Act, 1990
The
SEVENTH SCHEDULE
947
[***]
948
[The
EIGHTH SCHEDULE
[See clause (aa) of sub-section (2) of section 3]
Table-1
S. Description Heading Nos. Rate of Condition
No. of the First Sales Tax
Schedule to
the Customs
Act, 1969 (IV
of 1969)
(1) (2) (3) (4) (5)
949
[1. ***]
950
[2. ***]
951
[3. ***]
952
[4. ***] omitted
[5. ***]
6. ***] omitted
7. ***] omitted
8. ***] omitted
9. ***] omitted
947
The seventh schedule omitted by the Finance Act, 1997
948
The eighth schedule inserted by the Finance Act, 2014
949
Serial numbers 1 and 5 omitted by Finance Act, 2021.
950
Serial number 2 omitted by Finance Act, 2020.
951
S. No. 3 and entries relating thereto omitted by Finance Act, 2015
952
Serial number(s) 4 and 6 to 12 omitted by Finance (Supplementary) Act, 2022.
222
Sales Tax Act, 1990
953
Serial number(s) 13 to 17, 20, 26 to 30 and 34 omitted by Finance (Supplementary) Act, 2022.
954
Serial number 18 and entries relating thereto is omitted through Finance Act, 2019.
955
Serial number 19 omitted by Finance Act, 2021.
956
Serial number 21 and entries relating thereto is omitted through Finance Act, 2019.
957
Serial number 22 omitted by Finance Act, 2021.
958
Serial number 25 omitted by Finance Act, 2022.
959
Serial number 31 omitted through Finance Act, 2016.
960
Serial number 32 and entries relating thereto is omitted through Finance Act, 2019.
223
Sales Tax Act, 1990
961
S.No(s) 33 & 35 to 42 omitted by Finance Act, 2018.
962
For the figure “10” the figure “5” substituted through Finance Act, 2018.
963
Serial number(s) 45 and 46 omitted by Finance (Supplementary) Act, 2022
964 Expression substituted by Finance Act, 2022.
965
Expression substituted by Finance (Supplementary) Act, 2023.
966
S.No(s) 48 & 49 omitted by Finance Act, 2018.
967
S.No(s) 50 to 51 omitted by Finance Act, 2021.
968
Serial number 52 omitted by Finance Act, 2022.
224
Sales Tax Act, 1990
225
Sales Tax Act, 1990
226
Sales Tax Act, 1990
976
Serial numbers 65 and 67 omitted by Finance Act, 2021.
977
The expression substituted by Finance Act, 2023
978
Serial number(s) 66A, 66B and 68, 69 omitted by Finance (Supplementary) Act, 2022
979
Serial number 70 substituted by Finance (Supplementary) Act, 2022
227
Sales Tax Act, 1990
980
New serial numbers 71 to 74 inserted by Finance Act, 2021.
981
Expression substituted by Finance (Supplementary) Act, 2022.
982
Serial number 73 substituted by Finance (Supplementary) Act, 2022
228
Sales Tax Act, 1990
Hybrid electric
vehicle: 87.03 8.5%.
(a) Upto 1800 cc 87.03 12.75%
(b) From 1801 cc
to 2500 cc
74. Goods supplied Respective 16%.]
from tax-exempt headings
areas of erstwhile
FATA/PATA to the
taxable areas
983
[75 ***]
984 ***] omitted
[76
985
[77 personal computers 8471.3020 5% If imported in CBU
and Laptop and condition
computers, 8471.3010
notebooks whether
or not incorporating
multimedia kit
986
[78 Supply of locally 71.13 3% No input tax shall
. manufactured be adjusted
articles of
jewellery, or parts
thereof, of
precious metal or
of metal clad with
precious metal.
79. Electric vehicle in 8703.8090 12.5%
CBU condition of
50 kwh battery or
below
80. EV transport Respective 1%
buses of 25 seats heading
or more in CBU
condition
983
Serial number 75 omitted by Finance Act, 2022.
984
Serial number 76 omitted by Finance (Supplementary) Act, 2022
985
New serial number 77 added by Finance (Supplementary) Act, 2022
986
New serial number(s) 78 to 82 added by Finance Act, 2022
229
Sales Tax Act, 1990
987
[8 Substances Respective 1% Subject to the
1. registered as heading conditions that:
drugs under the (i) Tax charged
Drugs Act, 1976 and deposited by
(XXXI of 1976) the manufacturer
and medicaments or importer, as the
as are classifiable case may be, shall
under chapter 30 be final discharge
of the First of tax in the supply
Schedule to the chain
Customs Act, (ii) No input tax
1969 (IV of 1969) shall be adjusted
except the in the supply
following, even if chain.
medicated or
medicinal in
nature, namely:-
(a) filled infusion
solution bags
imported with or
without infusion
given sets; (b)
scrubs,
detergents and
washing
preparations; (c)
soft soap or no
soap; (d)
adhesive plaster;
(e) surgical tapes;
(f) liquid paraffin;
(g) disinfectants,
and (h) cosmetics
and toilet
preparations. This
substitution shall
be deemed to
987
Serial numbers 81 & 82 substituted by Finance Act, 2023
230
Sales Tax Act, 1990
988
New serial number added by Finance Act, 2023
231
Sales Tax Act, 1990
excessive input
tax, if any, shall be
admissible.]
989[Table-2 ***]
Annex-A
Header Information
NTN/FTN of Importer Regulatory authority no. Name of Regulatory authority
(1) (2) (3)
Details of Input goods (to be filled by the chief Goods imported (Collectorate
executive of the importing company) of import)
rate (applic-
Date of CRN/
Collectorate
(applicable)
Description
Mach No.
HS Code
imported
Quantity
Quantity
Mach.
Specs
CRN/
UOM
WHT
able)
No.
(4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15)
989
Table -2 omitted by Finance (Supplementary) Act, 2022.
232
Sales Tax Act, 1990
Date of CRN/
Collectorate
CRN/Mach.
(applicable)
(applicable)
Description
HS Code
imported
Quantity
Quantity
UOM
Specs
Mach
WHT
rate
No.
No.
(12
(3) (4) (5) (6) (7) (8) (9) (10) (11) (13) (14)
)
233
Sales Tax Act, 1990
[The
990
NINTH SCHEDULE
[See sub-section (3B) of section 3]
991
[Table-I
Sales Tax on supply (payable at the time of supply by CMOs):
S. No. Description / Specification of Sales tax on supply
Goods (payable at the time of
supply by CMOs)
(1) (2) (3)
1. Subscriber Identification Rs. 250
Module (SIM) Cards
992[Provided
that the provisions of Table-I shall not be applicable
from 1st July, 2020 onwards.
990
The Ninth Schedule added by the Finance Act, 2015
991 Table-I, Table-II and conditions substituted by Finance Act, 2020.
992 Proviso and Explanation to Table-1 inserted by Finance Act, 2021.
234
Sales Tax Act, 1990
Table-II
Cellular mobile phones in CKD/CBU form:
S. Description / Sales tax on Sales tax on Sales tax on supply
No. Specification of CBUs at the import in of locally
Goods time of import CKD/SKD manufactured
or registration condition mobile phones in
(IMEI number CBU condition in
by CMOs) addition to tax
under column (4)
(1) (2) (3) (4) (5)
1. Cellular mobile phones
or satellite phones to be
charged on the basis of
import value per set, or
equivalent value in
rupees in case of
supply by the
manufacturer, at the
rate as indicated
against each category:-
-
A. Not exceeding US$ Rs. 130 Rs. 10 Rs. 10
30 (excluding smart
phones)
B. Not exceeding US$ Rs. 200 Rs. 10 Rs. 10
30 (smart phones)
C. Exceeding US$ 30 Rs. 200 Rs. 10 Rs. 10
but not exceeding US$
100
D. Exceeding US$ 100 Rs. 1,680 Rs. 10 Rs. 10
but not exceeding US$
200
E. Exceeding US$ 200 993
[18%] ad Rs. 1,740 Rs. 10
but not exceeding US$ valorem
350
F. Exceeding US$ 350 994 Rs. 5,400 Rs. 10
[18%] ad
but not exceeding US$ valorem
500
G. Exceeding US$ 500 995 Rs. 9,270 Rs. 10
[25%] ad
valorem]
993
Expression substituted by Finance (Supplementary) Act, 2023
994
Expression substituted by Finance (Supplementary) Act, 2023
995
Expression substituted by Finance (Supplementary) Act, 2023
235
Sales Tax Act, 1990
[(i) The liability to pay the tax on the goods specified in this Schedule
shall be–
(a) in case of the goods specified in Table-I, of the Cellular Mobile
Operator (CMO);
(b) in case of goods specified in columns (3) and (4) of Table-II, of
the importer; and
(c) in case of goods specified in column (5) of Table-II, of the local
manufacturers of the goods.
(ii) The time of payment of tax due under this Schedule shall be the same
as specified in section 6;
(iii) The tax paid under this Schedule shall not be deductible against the
output tax payable by the purchaser or importer of the goods specified in
this Schedule;
(iv) The input tax paid on the input goods attributable to the goods
specified in this Schedule shall not be deductible for the tax payable under
this Schedule; and
(v) The Board may prescribe further mode and manner of payment of tax
due under this Schedule.]
996[The
TENTH SCHEDULE
[See sub-section (1B) of section 3]
997
[(1)]The tax on bricks, falling in PCT heading 998[6901.0000],
shall be paid on fixed basis, 999[ ] at the rates specified in Table
below:–
996
The new Tenth Schedule, the Eleventh Schedule and the Twelfth Schedule added through Finance Act, 2019.
997
Existing paragraph renumbered as paragraph (1) by Finance Act, 2020.
998
PCT heading “6901.1000” substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020
999
Expression “on monthly return,” Omitted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020
236
Sales Tax Act, 1990
TABLE
S. Region or area Tax
No. payable
per month
(1) (2) (3)
1. Lahore, Rawalpindi and Islamabad Rs. 12,500
districts
2. Attock, Chakwal, Jehlum, Mandi Rs. 10,000
Bahauddin, Sargodha, Gujrat, Sialkot,
Narowal, Gujranwala, Hafizabad,
Sheikhupura, Kasur, Nankana Sahib,
Chiniot, Faisalabad, Jhang, Toba Tek
Singh, Okara and Sahiwal districts
3. Khushab, Mianwali, Bhakar, Layyah, Rs. 7,500
Muzaffarghar, Dera Ghazi Khan,
Rajanpur, Multan, Lodhran, Khanewal,
Vehari, Bahawalpur, Pakpattan,
Bahawalnagar, Rahim Yar Khan
districts; and Sindh, Khyber-
Pakhtunkhwa and Baluchistan provinces
237
Sales Tax Act, 1990
1000
[(2) Tax on cement or concrete blocks falling in PCT heading
6810.1100, shall be charged on fixed basis as per the following Table,
namely:-
TABLE
S. No. Item Tax
(1) (2) (3)
1. Paver Rs. 2 per sq.ft
2. Hollow block Rs. 3 per piece
(volume less than 1 cubic
feet)
3. Solid block Rs. 3 per piece
(volume less than 1 cubic
feet)
4. Kerb Stone Rs. 5 per piece
(volume less than 1 cubic
feet)
5. Kerb stone Rs. 10 per piece]
(volume greater than 1 cubic
feet)
Note: No input tax adjustment shall be allowed against the tax paid under
this Schedule.]
1000
New paragraph (2) and its Table along with Note inserted by Finance Act, 2020.
238
Sales Tax Act, 1990
1001[The
ELEVENTH SCHEDULE
[See sub-section (7) of section 3]
TABLE
The rates for withholding or deduction by the withholding agents 1002[are specified
as below provided that withholding of tax under this Schedule shall not be
applicable to the goods and supplies specified vide clauses 1003[***] after the
Table]
1001
Eleventh Schedule inserted by Finance Act, 2019.
1002
The expression substituted by Finance Act, 2020.
1003 Expression omitted by Finance Act, 2022.
1004
Words substituted by Finance Act, 2020.
1005
Words added by Finance Act, 2022.
239
Sales Tax Act, 1990
1006
New serial numbers 7 and 8 inserted by Finance Act, 2021.
1007
Words added by Finance Act, 2022.
240
Sales Tax Act, 1990
1008
8. Online market place Persons [1]% of gross value
other than of supplies:
active Provided that the
taxpayers provisions of this entry
shall be effective from
the date as notified by
the Board.]
(vi) Goods specified in the Third Schedule to the Sales Tax Act,
1990;
1008
Expression substituted by Finance Act, 2022.
241
Sales Tax Act, 1990
1009
[(ix) Supply of sand, stone, gravel/crush and clay to low cost
housing schemes sponsored or approved by Naya Pakistan
Housing and Development Authority.]
1009
New clause (ix) inserted by Finance Act, 2020.
242
Sales Tax Act, 1990
1010[The
TWELFTH SCHEDULE
[See sub-section (2) of section 7A]
TABLE
(2) The value addition tax under this Schedule shall not be charged
on,—
1011
[(i) Raw materials and intermediary goods imported by a
manufacturer for in-house consumption 1012[excluding
compressor scrap (PCT heading 7204.4940), motor
scrap (PCT heading 7204.4990) and copper cable
cutting scrap (PCT heading 7404.0090)]
1010
Twelfth Schedule inserted by Finance Act, 2019.
1011
Clause (i) substituted by Finance Act, 2020.
1012
Expression added by Finance Act, 2022.
243
Sales Tax Act, 1990
(3) The value addition tax paid at import stage shall form
part of input tax, and the importer shall deduct the
1013
The word “and” omitted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020
1014
Clause (ix) inserted vide SRO 1321(I)/2019 dated 08 th November, 2019.
1015
The word “and” inserted by Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
1016
Clause “(x)” inserted by Tax Laws (Amendment) Act, 2020, dated 30-3-2020
1017
New clauses inserted by Finance Act, 2021.
244
Sales Tax Act, 1990
same from the output tax due for the tax period,
subject to limitations and restrictions under the Act,
for determining his net liability. The excess of input
tax over output tax shall be carried forwarded to the
next tax period as provided in section 10 of the Act.
1018
[“(4) The refund of excess input tax over output
tax, which is attributable to tax paid under this
Schedule, shall not be refunded to a registered person
in any case, except that as used for making of zero-
rated supplies.”]
(5) The registered person, if also dealing in goods other
than imported goods, shall be entitled to file refund
claim of excess carried forward input tax for a period
as provided in section 10 or in a notification issued
there under by the Board after deducting the amount
attributable to the tax paid at import stage i.e. sum of
amounts paid during the claim period and brought
forward to claim period. Such deducted amount may
be carried forward to subsequent tax period.]
1019[THIRTEENTH SCHEDULE”
(Minimum Production)
[See sub-section (9AA) of section 3]
Minimum production of steel products.—
Table
1018
Clause (4) substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020 the substituted clause read as under:
“(4) In no case, the refund of excess input tax over output tax, which is attributable
to tax paid at import stage, shall be refunded to a registered person.”
1019
New Thirteenth Schedule inserted by Finance Act, 2021.
245
Sales Tax Act, 1990
1. Steel billets and ingots One metric ton per 700 kwh of
electricity consumed
2. Steel bars and other re- One metric ton per 110 kwh of
rolled long profiles of electricity consumed
steel
3. Ship plates and other re- 85% of the weight of the vessel
rollable scrap imported for breaking”; and
(i) both actual and minimum production and the local supplies
shall be declared in the monthly return. In case, the minimum
production exceeds actual supplies for the month, the
liability to pay tax shall be discharged on the basis of
minimum production:
Provided that in case, in a subsequent month, the
actual supplies exceed the minimum production, the
registered person shall be entitled to get adjustment of excess
tax on account of excess of minimum production over actual
supplies:
Provided further that in a full year, as per financial
year of the company or registered person, or period starting
from July to June of next year, in other cases, the tax actually
paid shall not be less than the liability determined on the
basis of minimum production for that year and in case of
excess payment no refund shall be admissible:
Provided also that in case of ship-breaking, the
liability against minimum production, or actual supplies,
whichever is higher, shall be deposited on monthly basis on
proportionate basis depending upon the time required to
break the vessel;
246
Sales Tax Act, 1990
*********
PCPPI—4310(19) FBR—19-09-2019—2000.
247