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FINANCE BILL 2015-16
MATERIAL CHANGES PROPOSED
By Syed Muhammad Ijaz, FCA, LLB
1. SALES TAX ACT, 1990
1.1. AMENDMENTS PROPOSED IN SECTION 2- DEFINITIONS
1.1.1.ACTIVE TAX PAYER
Clause 1 of section 2 has been substituted by new clause that defines the “Active Taxpayer”
before substitution clause 1 defined the Appellate Tribunal which is renumbered as clause
1A.
Proposed new clause (1) is as under;
“(1) “active taxpayer” means a registered person who does not fall in any of the
following categories, namely:-
(a) Who is blacklisted or whose registration is suspended or is blocked in
terms of section 21;
(b) Who 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(XLlX of 2001), by
the due date; and
(d) who fails to file two consecutive monthly or an annual withholding tax
statement under section 165 of the Income Tax Ordinance, 2001;
1.1.2.APPELLATE TRIBUNAL
Appellate Tribunal proposed to be renumbered as clause (1A) before proposed change it was
numbered as clause 1.
Before proposed renumbering by Finance Bill 2015-16 Clause (1) substituted 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
(1A) “Appellate Tribunal” means the Appellate Tribunal Inland Revenue established
under section 130 of the Income Tax Ordinance 2001 (XLIX of 2001)
1.1.3.COTTAGE INDUSTRY
Relief is proposed to be provided to cottage industry by enhancing limit of utility bills from
seven hundred thousand to eight hundred thousand.
1.1.4.RETAILER
Under the proviso to clause 28 of section 2 below mentioned (strike through) omission is
proposed
Provided that any person, who combines the business of import and retail or manufacture or
production with retail, shall notify and advertise wholesale prices and retail prices separately,
and declare the address of retail outlets, and his total turnover per annum shall be taken into
account for the purposes of registration under section 14
1.1.5.SUPPLY
A new sub-clause (d) is proposed to be added to enhance the spectrum of definition of supply.
Now supply also includes manufacturing of goods on behalf of others i.e. where goods
belonging to another person are transferred or delivered to such owner is now covered under
supply.
“(d) in case of manufacture of goods belonging to another person, the transfer or delivery
of such goods to the owner or to a person nominated by him:”
1.1.6.WHISTLEBLOWER
Whistleblower now finally defined under section 72D and reference is made to such definition
by adding clause 46A to section 2 of Sales Tax Act, 1990
1.2. AMENDMENTS PROPOSED IN SECTION 3- SCOPE OF TAX
1.2.1.Further tax on value of supply made to non-registered persons is proposed to enhanced to
2% from earlier 1%
1.2.2.Clause (b) to subsection 2 of section 3 substituted by new clause that has proposed do done
away with the strike through portion.
the Federal Government may, subject to such conditions and restrictions as it may impose,
by notification in the official Gazette, declare that in respect of any taxable goods goods or
class of goods imported into or produced 2
[***] or any taxable supplies made by a registered
person or a class of registered persons, the tax shall be charged, collected and paid in such
manner and at such higher or lower rate or rates as may be specified in the said
notification.
1.3. AMENDMENTS PROPOSED IN SECTION 6- TIME AND MANNER OF PAYMENT
1.3.1.For goods imported into Pakistan recovery provisions of the Customs Act, 1969 are now
proposed to be included in subsection 1 of section 6 earlier only provisions relating to
collection, payment and enforcement were included.
1.4. AMENDMENTS PROPOSED IN SECTION 7- DETERMINATION OF TAX LIABILITY
1.4.1.Through changes proposed in clause (ii) of subsection 2 of section 7 input tax cannot be
claimed unless the person holds Bill of entry or GD is also included for goods cleared under
section 80. Earlier goods cleared under section 79 and 104 were included in this scope now
section 80 is proposed to be added.
1.5. AMENDMENTS PROPOSED IN SECTION 8- TAX CREDIT NOT ALLOWED
1.5.1.Subsection 1-Scope of exclusion in clause (h) is enhanced and now proposed that
prefabricated buildings shall also be excluded along with already provided exclusions
1.5.2.Subsection 1-After clause (i) new clauses inserted for enhancing the scope of subsection 1 of
section 8 of the Sales Tax Act, 1990
(j) services in respect of which input tax adjustment is barred under the respective
provincial sales tax law;
(k) import or purchase of agricultural machinery or equipment subject to sales tax
at the rate of 7% under Eighth Schedule to this Act; and
(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.”;
1.6. AMENDMENTS PROPOSED IN SECTION 8A- JOINT AND SEVERAL LIABILITY OF
REGISTERED PERSONS IN SUPPLY CHAIN WHERE TAX UNPAID
1.6.1.A major clarity and shift in deciding the onus of proof for determining the knowledge and
reasonable ground that tax payable in respect of that supply or any previous or subsequent
supply of the goods supplied would go unpaid is now on department earlier no such clarity
was there.
1.7. AMENDMENTS PROPOSED IN SECTION 13- EXEMPTION
1.7.1.Through proposed insertion of para in clause (a) of subsection 2 to section 13 power of federal
government are redefined as under;
pursuant to the approval of the Economic Coordination Committee of Cabinet, whenever
circumstances exist to take immediate action for the purposes of national security, natural
disaster, national food security in emergency situations, protection of national economic
interests in situations arising out of abnormal fluctuation in international commodity
prices, removal of anomalies in taxes, development of backward areas and implementation
of bilateral and multilateral agreements
[Underlined for emphasis]
1.7.2.By proposed omission of clause (b) of subsection 2 of section 13 powers of FBR for granting
exemptions are now done away with. To give effect further to change reference of clause (b)
of section (2) appearing in subsection (3) is also proposed to be omitted
1.7.3.By proposed insertion of new subsections (6) and (7) Federal government is required to place
before National Assembly all notifications issued under this section in a financial year.
Further under subsection (7) the notifications issued are now made time bound and any
notification if not earlier rescinded shall stand rescinded on expiry of financial year in which
it was issued.
1.8. AMENDMENTS PROPOSED IN SECTION 14- REGISTRATION
1.8.1.Section 14 proposed to be revamped and
1.9. NEW SECTION PROPOSED SECTION 21A- ACTIVE TAXPAYERS LIST
1.9.1.After section 21 a new section is proposed to be inserted as section 21A empowering FBR to
maintain active taxpayers list in the manner and as may be prescribed by rules subject to such
limitations and restrictions as provided therein (rules)
“21A. Active taxpayers list.-The Board shall have the power to maintain active taxpayers
list in the manner as may be prescribed by rules and such rules may provide for the
restrictions and limitations to be imposed on a person who ceases to be an active
taxpayer.”;
1.10. AMENDMENTS PROPOSED IN SECTION 25- ACCESS TO RECORD, DOCUMENTS,
ETC
1.10.1. Through omission proposed in subsection 3 of section 25 the power to pass an order are
now restricted to only section 11 i.e. assessment and order under section 36 is now done
away (please see the strike through part)
[(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) or section (36), as the
case may be.
1.11. AMENDMENTS PROPOSED IN SECTION 32A- SPECIAL AUDIT BY CHARTERED
ACCOUNTANTS OR COST ACCOUNTANTS
1.11.1. Heading of the section is proposed to be changed to “Audit by Special Audit Penals”.
1.11.2. Now Board has power to appoint as many special audit panels as may be necessary
comprising of two or more members from the following;
(a) an officer or officers of Inland Revenue;
(b) a firm of chartered accountants as defined under the Chartered Accountants
Ordinance, 1961 (X of 1961);
(c) a firm of cost and management accountants as defined under the Cost and Management
Accountants Act, 1966(XIV of 1966); or
(d) any other person as directed by the Board,
to conduct audit of a registered person or persons, including audit of refund claims
and forensic audit and the scope of such audit shall be determined by the Board or
the Commissioner Inland Revenue on a case-to-case basis. In addition, the Board
may, where it considers appropriate, also get such audit conducted jointly with
similar audits being conducted by provincial administrations of sales tax on
services.”;
1.11.3. Following further changes are proposed by adding new subsections namely subsection 4,
5 and 6 giving enormous powers to the Board with respect to audit and undermining the
utility and independence of this section by including FBR employees as members and
chairman of the penal
“(4) Each special audit panel shall be headed by a chairman who shall be an officer of
Inland Revenue.
(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.
(6) The Board may prescribe rules in respect of constitution, procedure and working
of special audit panel.”;
As can be seen from above that now audit scope and methodology has been enhanced.
However, including FRB employees and that also as chairman of the penal under this section
means making virtually the utility of this section redundant and nailing it down to zero.
Joint audit concept is also proposed to be introduced vide these changes. Further clarity is
being proposed by defining the scope and types of audit that can be assigned to such panels.
Amazingly the FBR employee can still blow his trumpet if any other member is not present,
however other members are not given the breath to do the same.
1.12. AMENDMENTS PROPOSED IN SECTION 33- OFFENCES AND PENALTIES
1.12.1. Through change proposed at Sr. No. 1 the number of days allowed if the registered person
fails to file a return are now reduced to 10 earlier it was 15.
1.12.2. Through change proposed at Sr. No. 5 the number of days for failure to deposit tax or any
part thereof is also reduced to 10 earlier it was 15.
1.13. AMENDMENTS PROPOSED IN SECTION 40C- MONITORING OR TRACKING BY
ELECTRONIC OR OTHER MEANS
1.13.1. For Tracking sake barcodes are now proposed to be included among other means of
tracking
1.13.2. A new subsection is proposed to be added as subsection 3 whereby tax stamps, banderoles,
stickers, labels, barcodes etc shall be acquired by registered person from licensee appointed
by FBR for this purpose on such prices as may be approved by the Board which shall
include cost of equipment installed by such licensee in premises of such person. Now this
is controlling the business under the garb of tracking which will not yield any fruits.
1.14. AMENDMENTS PROPOSED IN SECTION 45A- POWER OF THE BOARD [AND
[COMMISSIONER]] TO CALL FOR RECORDS
1.14.1. Power of Board to call for record for earlier limited to its own motion now by proposed
insertion it can “otherwise” call for records. As the king of the jungle board can by the way
call records.
1.15. NEW SECTION PROPOSED SECTION 56A- AGREEMENT FOR EXCHANGE OF
INFORMATION
1.15.1. Concept of Avoidance of Double Tax treaty and exchange of information is now proposed
to be incorporated in the Sales Tax Act, 1990 by inserting section 56A. Provisions of
section 107 of the Income Tax Ordinance 2001 shall, mutatis mutandis apply to the
provisions of this section.
“56A. Agreement for the exchange of information.–
(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.
(2) The provisions of section 107 of the Income Tax Ordinance, 2001 (XLIX of 2001) shall,
mutatis mutandis, apply to the provisions of this section.
Certain changes are also proposed in section 107 of the Income Tax Ordinance 2001
virtually abusing the section by incorporating subsection (1A) and (1B)
1.16. NEW SECTION PROPOSED SECTION 56B- DISCLOSURE OF INFORMATION BY A
PUBLIC SERVANT
1.16.1. In relating to section 56A or other provisions of Sales Tax Act, 1990 any information
gathered/collected shall remain confidential
56B. Disclosure of information by a public servant.–
(1) Any information acquired under any provision of this Act or in pursuance of a bilateral
or multilateral agreement or tax information exchange agreement shall be confidential and
no public servant shall disclose any such information, except as provided under section
216 of the Income Tax Ordinance, 2001 (XLIX of 2001).
(2) The provisions of section 216 of Income Tax Ordinance, 2001 (XLIX of 2001), shall,
mutatis mutandis, apply to the provisions of this section.
1.17. NEW SECTION PROPOSED SECTION 56B- PRIZE SCHEMES TO PROMOTE TAX
CULTURE
1.17.1. Prize schemes proposed to be introduced to encourage procurement from registered
persons issuing invoices
56C. Prize schemes to promote tax culture.-
The Board may prescribe prize schemes to encourage the general public to make purchases
only from registered persons issuing tax invoices.
1.18. NEW SECTION PROPOSED SECTION 72D- REWARD TO WHISTLEBLOWERS
1.18.1. New section is proposed to be added to legally recognize and reward the whistleblowers.
The procedures mode manner in this regard are to be prescribed by Board through a
notification in official gazette. Certain type of information like information that has no
value, or Board already had that information or Information is available in public records
or no collection of tax is made from the information provided will render the reward claim
to be rejected. However, who is going to determine the value of information, or being
already possessed by board are still a question to be answered.
“72D. Reward to whistleblowers.–
(1) The Board may sanction reward to whistleblowers in cases of concealment or
evasion of tax, tax fraud, corruption or misconduct providing credible information
leading to such detection of tax fraud;
(2) The Board may, by notification in the official Gazette, prescribe the procedure in
this behalf and also specify the apportionment of reward sanctioned under this
section for whistleblowers;
(3) The claim for reward by the whistleblower shall be rejected if–
(a) the information provided is of no value;
(b) the Board already had the information;
(c) the information was available in public records; or
(d) no collection of taxes is made from the information provided from which the
Board can pay the reward;
(4) For the purpose of this section, “whistleblower” means a person who reports
concealment or evasion of sales tax and tax fraud leading to detection or collection
of taxes, fraud, corruption or misconduct, to the competent authority having power
to take action against the person or a sales tax authority committing fraud,
corruption, misconduct, or involved in concealment or evasion of taxes.”;
1.19. CHANGES PROPOSED IN 5TH
SCHEDULE- ZERO RATING
1.19.1. In serial number 6, in column (2), the words “to the Export Processing Zones and” are
proposed to be omitted as a new serial containing zero rating of EPZ is proposed to be added
after Sr. No. 6. Sr. No. 6 after proposed change will look like below;
Supplies of such locally manufactured plant and machinery to the Export Processing Zones
[and to petroleum and gas sector Exploration and Production companies, their contractors
and sub-contractors] as may be specified by the Federal Government, by notification in the
official Gazette, subject to such conditions and restrictions as may be specified in such
notification
1.19.2. New Serial 6A is proposed to be added to define zero rating of supply of locally
manufactured items to EPZs subject to conditions as prescribed.
“6A. Supplies of locally manufactured plant and machinery of the following specifications,
to manufacturers in the Export Processing 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 equipments 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); and
(iv) Parts of machinery as specified in clauses (i), (ii) and (iii) (iii) identifiable for use
in or with such machinery.
Conditions, restrictions and procedures:-
(a) the supplier of the machinery is registered under the Act;
(b) proper bill of export is filed showing registration number;
(c) the purchaser of the machinery is an established manufacturer located in the
Export Processing Zone and holds a certificate from the Export Processing
Zone 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 Export Processing 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, sales tax shall be
charged on the value assessed on the bill of entry; 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.”;
1.19.3. Serial number 9, in column (2), the words “who makes local supplies of both taxable and
exempt goods.
Goods exempted under section 13, if exported by a manufacturer who makes local supplies
of both taxable and exempt goods
1.19.4. Serial number 12, in column (2), in clause (ix), the words “including flavored milk” and
the word and figure “and 0402.9900” shall be omitted; and thereafter clauses (x) to (xvi)
shall be omitted
(ix) Milk including flavoured milk ( PCT heading 04,01 and 0402.9900)
1.19.5. Following clauses are proposed to be omitted from Sr. No. 12 column 2 resulting in
withdrawal of zero rating on below mentioned sectors which are now exempt by proposed
inclusion in table 1 of 6th
schedule to the Sales Tax Act, 1990
(x) Yogurt (PCT heading 0403.1000)
(xi) Cheese ( PCT heading 0406.1010)
(xii) Butter (PCT heading 0405.1000)
(xiii) Cream (PCT heading 04.01 and 04.02)
(xiv) Desi ghee ( PCT heading 0405.9000)
(xv) Whey (PCT heading 04.04)
(xvi) Milk and cream, concentrated and added sugar or other sweetening matter ( PCT
heading 0402.1000)
1.20. CHANGES PROPOSED IN 5TH
SCHEDULE- ZERO RATING
1.20.1. Following changes are proposed in table 1;
Serial
No
Description Heading Nos. of the First Schedule to the Customs
Act, 1969 (IV of 1969)
(1) (2) (3)
19. 1
[Cereals and
products of
milling
industry.]
1001.1000, 1001.9000, 1002.0000, 1003.0000,
1004.0000, 1005.1000, 1005.9000,2 [1006.1010,
1006.1090], 1006.2000, 1006.3010, 1006.3090,
1006.4000, 1007.0000, 1008.1000, 1008.2000,
1008.3000, 1008.9000, 1101.0010, 1101.0020,
1102.1000, 1102.2000, 1102.3000, 1102.9000,
1103.1100, 1103.1300, 1103.1900, 3[1104.2200, 1104.2300,
1104.2900 and 1104.3000]
20. Seeds, fruit
and spores of a
kind used for
sowing.
1006.1010, 1209.1000, 1209.2100, 1209.2200,
1209.2300, 1209.2400, 1209.2500, 4[***], 1209.2900,
1209.3000, 1209.9110, 1209.9120, 1209. 9130,
1209.9190 and 1209.9900.
28. Poultry feed
and Cattle feed
1
Substituted for “0904.2020” by Finance Act, 2012.
2
Substituted for “Cereals whether or not milled, hulled, polished, packed for retail sale.” By finance Act, 2007.
3
Substituted for “1006.1000” by Finance Act, 2009
4
Figure “1209.2600” omitted by Finance Act, 2007.
including their
all ingredients
except
soyabean
meal of PCT
heading
2304.0000 and
oil-cake of
cottonseed
falling under
PCT heading
2306.1000.
2301.2090, 2305.0000, 2306.2000, 2306.3000,
2306.4100, 2306.5000, 5[2309.9010, 2309.9020, 2309.9090,
2936.2100, 2936.2200, 2936.2300,
2936.2400, 2936.2500, 2936.2600,
2936.2700 and 2936.2800]
39. Incinerators of
disposal of
waste
management,
motorized
sweepers and
snow ploughs.
8417.8000, 8430.2000 and 8479.8990
56. Re-importation
of foreign
origin goods
which were
temporarily
exported out of
Pakistan
subject to
similar
conditions as
are envisaged
for the
purposes of
applying zero-
rate of customs
duty under the
Customs Act,
1969.
99.18
5
Substituted for “2306.7000, 2309.9000 and respective headings of 29.36” by Finance Act, 2007.
73. Milk 04.01
73A. Milk and cream,
concentrated or
containing added
sugar or other
sweetening matter,
excluding that 04.01
and 04.02 sold in
retail packing under
a brand name
04.01 and 04.02
74 Flavored milk,
excluding that sold
in retail packing
under a brand name
0402.9900
75 Yogurt, excluding
that sold in retail
packing under a
brand name
0403.1000
76. Whey, excluding that
sold in retail packing
under a brand name
04.04
77. Butter, excluding
that sold in retail
packing under a
brand
name
0405.1000
78. Desi ghee, excluding
that sold in retail
packing under a
brand
name
0405.9000
”;
79. Cheese, excluding
that sold in
retail packing under
a brand
name
0406.1010
80. Processed cheese
not grated or
powdered, excluding
that sold in retail
packing under a
brand name
0406.3000
6
[105. Raw materials for the basic
manufacture of pharmaceutical active
ingredients and for manufacture of
pharmaceutical products, provided that
in case of import, only such raw
materials shall be entitled to exemption
which are liable to customs duty not
exceeding ten per cent advalorem,
either under the First Schedule or fifth
Schedule to the Customs Act, 1969 (IV
of 1969) or under a notification issued
under section 19 thereof.
Respective headings.
7
[114 Green House Framing and Other
Green House Equipment, consisting of
plastic covering and mulch film, anti-
insect net and shade net (If used for
Agriculture Sector)
1.Tunnel farming equipment
2.Green houses (prefabricated)
3920.1000, 3926.9099,
5608.1900, 5608.9000
8430.3100, 8430.3900,
9406.0010
8
[116 Plant, machinery and equipment
imported for setting up industries in
FATA upto 30th June 2019 subject to
the same conditions and procedure as
are applicable for import of such plant,
machinery and equipment under the
Customs Act, 1969 (IV of 1969)
Respective headings
117 Appliances for colostomy 3006.9100
118 Colostomy and urostomy bags 3926.9050
119 Tubular day lighting devices
(TDDs)
8539.3930
120 Diagnostic kits or equipment,
namely:-
3822.0000
6
Inserted by finance Act, 2014.
7
Inserted by finance Act,2014.
8
Inserted by finance Act,2014.
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
Detektiion cups
ISE Standard
Alkaline phosphatase (Alb)
Bilirubin kit
HDL Cholesterol
Ck creatinin kinase (mb)
Ck nac
Glulcose kit
Ammonia Modular
Lac
Ldh kit (lactate dehydrogenase
kit)
Urea uv kit
Ua plus
Tina quant
Crp control
Aslo tin
Proteins
Lipids
HDL/LDL cholesterol
Protein kit
U
Control Sera
Pac
Control
HCV
UIBC (Unsaturated iron binding
capacity)
U/CSF
Inorganic Phosphorus kit
Kit amplicon kit (for PCR)
Ige
Lc hsv
Oligo
NA/K/CL
Hcy
Standard [or calibrated]
Hla B27
Liss Coombs
Typhoid kit
HCV amp
Urine test strips
Strips for sugar test
Blood glucose test strips
Kits for automatic cell separator
for collection of platelets
Elisa or Eclia kit
PCR kits
Immunoblast (western blot test).
I.C.T. (Immunochromatographic
kit)
CBC Reagent (For hematology
analyzer) Complete blood count
reagen
121 Blood Bag CPDA-1 with blood
transfusion set pack in aluminum
foil with set.
Respective Headings
122 Urine drainage bags Respective Headings
123 Aircraft, whether imported or
acquired on wet or dry lease
8802.2000,
8802.3000,
8802.4000
124 Maintenance kits for use in
trainer aircrafts of PCT headings
8802.2000 and 8802.3000
Respective
headings
125 Spare parts for use in aircrafts,
trainer aircrafts or simulators
Respective
Headings
126 Machinery, equipment and tools
for setting up maintenance,
repair and overhaul (MRO)
workshop by MRO company
recognized by Aviation Division
Respective
headings
127 Operational tools, machinery,
equipment and furniture and
fixtures on one-time basis for
Respective
headings
setting up Greenfield airports by
a company authorized by
Aviation Division
128 Aviation simulators imported by
airline company recognized by
Aviation Division
Respective
headings”;
Table 2
(Local Supplies only)
Serial No Description Heading Nos. of the First
Schedule to the Customs Act,
1969 (IV of 1969)
(1) (2) (3)
9
[13 Reclaimed lead, if supplied to
recognized manufacturer of lead
batteries
Respective headings
10
[14 Waste paper Respective headings
[11
16 Raw cotton and ginned cotton Respective headings”; and
17 Raw and pickled hides and skins,
wet blue hides and skins
41.01,
41.02,
41.03,
4104.1000,
4105.1000,
4106.2100,
4106.3000,
4106.9000
18 Supplies made by manufacturers
of marble and granite having
annual turnover less than five
million rupees even if their annual
utility bill is more than eight
hundred thousand rupees
Respective
headings
19 Bricks (up to 30th June, 2018) 6901.1000
20 Crushed stone (up to 30th June,
2018)
2517.1000”;
9
Inserted by Finance Act, 2014
10
Inserted by Finance Act, 2014
11
Inserted by Finance Act, 2014
12[TABLE 3
13
[ANNEXURE
S. No Description PCT heading Conditions
(1) (2) (3) (4)
10. Machinery, equipment, raw
materials, components and
other capital goods for use in
buildings, fittings, repairing or
refitting of ships, boats or
floating structures imported
by Karachi Shipyard and
Engineering Works Limited.
Respective
Headings
Nil
16 Plant, machinery, equipment
and specific items used in
production of bio-diesel.
Respective
headings
The Alternative Energy
Development Board (AEDB),
Islamabad shall certify in the
prescribed manner and format as
per Annex-B that the imported
goods are bonafide project
requirement. The goods shall not be
sold or otherwise disposed of within
a period of five years of their import
except with the prior approval of the
FBR and payment of customs duties
and taxes leviable at the time of
import.
12
Inserted by Finnace Act,2014.
13
Inserted by Finance Act,2014.
“[14
EIGHTH SCHEDULE
[See clause (aa) of sub-section (2) of section 3]
Table-1
S.
No.
Description Heading Nos. of the
First Schedule to
the Customs Act,
1969 (IV of 1969)
Rate of
Sales
Tax
Condition
(1) (2) (3) (4) (5)
1 Soyabean meal 2304.000
0
5%
10%
3 Directly reduced iron 72.03 5%
4 Oilseeds meant for
sowing.
Respective headings 5%
10%
Import thereof subject to the
condition that concerned
department of the Division
dealing with the subject
matter of oil seeds certifies
that the imported seeds are
fungicide and insecticides
treated and are meant for
sowing.
6 Plant and machinery
not manufactured
locally and having no
compatible local
substitutes
Respective headings 5%
10%
(i) On import of such
plant and machinery
by registered
manufacturers, post-
dated cheque(s) equal
to the differential
amount of sales tax
payable at import
stage, shall be
submitted to the
customs authorities,
which shall be
returned on furnishing
proof of filing of first
sales tax return after
import of such
machinery, showing
the import of such
machinery;
14
Inserted by Finance Act, 2014
(ii) On import by
commercial importers,
good-for-payment
cheque, bank
guarantee, pay order
or treasury challan
showing deposit,
equal to the
differential amount of
sales tax payable at
import stage, shall be
submitted to the
customs authorities,
which shall be
returned back, or as
the case may be,
refunded, after
evidence of
subsequent supply to
registered
manufacturers or
industrial users is
furnished to the
customs authorities;
(iii) Supply of such
imported plant and
machinery by
commercial importers
to unregistered
persons or persons
other than
manufacturers shall
be liable to standard
rate of tax, and
evidence to that effect
shall be produced to
the customs
authorities for release
of the above
mentioned
instruments or refund
of the amount paid at
import stage;
(iv) Subsequent supply of
plant and machinery
imported or acquired
by registered
manufacturers to
unregistered persons
or persons other than
manufacturers shall
be liable to tax at
standard rate; and
(v) the validity period of
instruments furnished
under this provision
shall not be less than
one hundred and
twenty days.
Explanation.–– For the
purpose of this provision,
plant and machinery means
such plant and machinery
as is used in the
manufacture or production
of goods.
7 Flavoured milk 0402.9900 10% Sold in retail packing
under a brand name
8 Yogurt 0403.1000 10% Sold in retail packing
under a brand name
9 Cheese 0406.1010 10% Sold in retail packing
under a brand name
10 Butter 0405.1000 10% Sold in retail packing
under a brand name
11 Cream 04.01 and
04.02
10% Sold in retail packing
under a brand name
12 Desi ghee 0405.9000 10% Sold in retail packing
under a brand name
13 Whey 04.04 10% Sold in retail packing
under a brand name
14 Milk and cream
concentrated and
added sugar or
other sweetening
matter
04.04 10% Sold in retail packing
under a brand name
15 Poultry feed, cattle
feed, and their
ingredients except
soya bean meal of
PCT heading
2304.0000 and
oilcake of
2301.2090,
2305.0000,
2306.2000,
2306.3000,
2306.4100,
2306.5000,
2309.9010,
5%
cottonseed falling
under PCT heading
2306.1000
2309.9020,
2309.9090,
2936.2100,
2936.2200,
2936.2300,
2936.2400,
2936.2500,
2936.2600,
2936.2700,
2936.2800,
and
2306.4900
(Rape Seed
Meal), 2308.9000
(Guar Meal),
2303.1000
(Corn Gluton
Feed/Meal),
2303.1000
(Residues of starch
Manufacture and
Similar residues),
3507.9000
(Enzymes other),
2302.1000
(Maize Bran),
2302.2000
(Rice Bran),
2302.3000
(Wheat Bran),
2302.4000
(Other Cereals),
2302.5000
(Bran of
Leguminous
Plants),
2306.7000
(Oil- cake and other
solid residues of
Maize (corn) germ),
2306.4900
(Sesame Cake),
2306.9000
(Sesame
Meal/other Meal),
2842.1000
(Double or complex
silicates, including
alumino silicates
whether or not
chemically defined),
2301.2010
(Fish Meal),
0505.9000
(Poultry by product
Meal), and the
Following items
only of Feed
Grade:
2827.6000
(Potassium
Lodide),
2833.2990
(Manganese
Sulphate),
2833.2600
(Zinc Sulphate),
2817.4000
(Zinc Oxide),
2833.2500
(Copper Sulphate),
2833.2910
(Ferrous Sulphate),
2915.5000
(Propionic acid, its
salts and esters),
2930.4000
(DL Methionine ),
2930.4000
(Methionin e
Hydroxy Analogue
(liquid)),
2922.4100
(Lysine Monohydro
Chloride
/sulphate),
2923.2000
(Lecithins),
2923.9000
(Betafin),
2922.4290
(Arganine),
2934.9910
(Furazolidone),
2922.5000
(Threonine ),
2835.2600
(Mono Calcium
Phosphate)
,
2835.2500
(DiCalcium
Phosphate)
, and
2835.2600
(Mono Di Calcium
Phosphate)
16 Incinerators of
disposal of waste
management,
motorized
sweepers
8417.8000,
8430.2000
and
8479.8990
5%
17 Re-importation of
foreign origin goods
which were
temporarily
exported
out of Pakistan
99.18 5% Subject to
similar
conditions as
are envisaged
for the
purposes of
customs duty
under the
Customs
Act,1969, and
taxable value
shall be the
value
determined
under PCT
heading 99.18
of the said Act
increased by
customs duty
payable
18 Reclaimed lead Respective
Headings
5% If supplied to
Recognized
manufacturers
of lead and
lead batteries
19 Waste paper 47.07 5%
20 Plant, machinery,
equipment and
specific items used
in production of
biodiesel
Respective
Headings
5% The
Alternative
Energy
Development
Board
(AEDB),
Islamabad
shall certify in
the prescribed
manner and
format as per
Annex-B, as
given in the
Sixth
Schedule, that
the imported
goods are
bonafide
project
requirement.
The goods
shall not be
sold or
otherwise
disposed of within a
period
of five years of
their import
except with
the prior
approval of
the FBR and
payment of
customs
duties and
taxes leviable
at the time of
import
21 Rapeseed,
sunflower seed and
canola seed
1205.0000,
1206.0000
16% On import by
solvent
extraction
industries
22 Soya bean seed 1201.1000 6% On import by
solvent
extraction
industries,
subject to the
condition that
no refund of
input tax shall
be
admissible”;
23 Secondhand and
worn clothing or
footwear
6309.0000 5%
24 Agricultural tractors 8701.9020 10%
Tillage and seed
bed preparation
equipment
(i) Rotavator
(ii) Cultivator
(iii) Ridger
(iv) Sub soiler
(v) Rotary slasher
(vi) Chisel plow
(vii) Ditcher
(viii) Border disc
(ix) Disc harrow
(x) Bar harrow
(xi) Mould board
plow
(xii) Tractor rear or
front blade
(xiii) Land leveler or
land planer
(xiv) Rotary tiller
(xv) Disc plow
(xvi) Soil-scrapper
(xvii) K.R.Karundi
(xviii) Tractor
mounted trancher
(xix) Land leveler
8432.8010
8432.2910
8432.8090
8432.3090
8432.8090
8432.1010
8432.1090
8432.2990
8432.2100
8432.2990
8432.1090
8430.6900
8430.6900
8432.8090
8432.1090
8432.8090
8432.8090
8701.9020
8430.6900
Seeding or planting
equipment:
(i) Seed-
cumfertilizer drill
(wheat, rice barley,
etc.)
(ii) Cotton or maize
planter with
8432.3010
8432.3090
7%
fertilizer
attachment
(iii) Potato planter
(iv) Fertilizer or
manure
spreader or
broadcaster
(v) Rice
transplanter
(vi) Canola or
sunflower drill
(vii) Sugarcane
planter
8432.3090
8432.4000
8432.3090
8432.3010
8432.3090
Irrigation, drainage
and agro-chemical
application
equipment:
(i) Tubewells
filters or
strainers
(ii) Knapsack
sprayers
(iii) Granular
Applicator
(iv) Boom or field
sprayers
(v) Self propelled
sprayers
(vi) Orchard
sprayer
8421.2100,
8421.9990
8424.2010
8424.2010
8424.2010
8424.2010
8424.2010
7%
(i) Harvesting,
threshing and
storage
equipment:
(ii) Wheat
thresher
(iii) Maize or
groundnut
thresher or
sheller
(iv) Groundnut
digger
(v) Potato digger
or harvester
(vi) Sunflower
thresher
8433.5200
8433.5200
8433.5900
8433.5300
8433.5200
8433.5900
8433.4000
8433.5900
8433.5900
8433.5900
8433.5900
8433.5200
8433.5200
8716.8090
8433.5900
8433.5100
7%
(vii) Post hole
digger
(viii) Straw balers
(ix) Fodder rake
(x) Wheat or rice
reaper
(xi) Chaff or
fodder cutter
(xii) Cotton picker
(xiii) Onion or
garlic
harvester
(xiv) Sugar
harvester
(xv) Tractor trolley
or forage
wagon
(xvi) Reaping
machines
(xvii) Combined
harvesters
(xviii)
Pruner/shears
8433.5900
Post-harvest
handling and
processing &
miscellaneous
machinery:
(i) Vegetables
and fruits
cleaning and
sorting or
grading
equipment
(ii) Fodder and
feed cube
maker
equipment
8437.1000
8433.4000
7%
Table-2
[15
Plant, machinery, equipment and apparatus, including capital goods, specified in column (2)
of the Annexure below, falling under the HS Codes specified in column (3) of that Annexure,
shall be charged to sales tax at the rate of five percent, except goods mentioned in serial
numbers 1, 5 and 6 of the Annexure which shall be charged at the rate of
ten percent, subject to the following conditions, besides the conditions specified in column (4) of
the Annexure, namely:-
………
……..
[16
Annexure
S. No Description PCT heading Conditions
(1) (2) (3) (4)
3
.
Following items imported by
Call Centers, Business
Processing Outsourcing
facilities duly approved by
Pakistan Telecommunication
Authority.
Nil
(1) Telephone sets/head
sets.
8517.1100
(2) Cat 5/Cat 6/Power cables 8544.4990
(3) PABX Switch 8517.6290
(4) Plasma TV 8528.7212
(5) Dedicated telephone
exchange system for call
centres.
(6) Other digital cell
recorders
8517.6290
8519.8990
15
Inserted by Finance Act, 2014
16
Inserted by Finance Act, 2014
7. Proprietary Formwork System
for building/structures of a
height of 100 ft and above and
its various items/ components
consisting of the following,
namely:-
7308.4000 (i) If not manufactured
locally and imported by
the construction
companies registered
with the Pakistan
Engineering Council;
(1) Plastic tube. 3917.2390 (ii) the system is to be
procured from a well
renowned international
manufacturer;
(2) Plastic tie slot
filters/plugs, plastic cone.
3926.9099 (iii) a certificate from one
of the following
International Pre-
shipment Inspection
Companies/Survey
Firms to the extent that
all the components/parts
are to be used in the
Proprietary Formwork
System for construction
of structures/buildings of
more than 100 feet
height, is produced,
namely:-
(3) Standard steel ply panels,
Special sized steel ply
panels, wedges, tube clamps
(B-Type & G Type), push/pull
props, brackets (structure),
steel soldiers (structure),
drop head, standard, prop tic,
buard rail post (structure),
coupler brace, cantilever
frame, decking beam/Infill
beam and doorway angles.
7308.4000 (a) Messrs Lloyds of
London; (b) Messrs
Quality Tech, LLC; (c)
Messrs ABS; (d) Messrs
Bureau Veritas; and
(e) Messrs SGS; and
(iv) The Pakistan
Engineering Council
shall certify that the
imported Proprietary
Formworks System
conform to the
requirement of the
Company’s project..
(4) Lifting Unit (Structure) 7308.9090 -do-
(5) Bolts, tie bolts, anchor
bolt assembly (fastener),
anchor screw (fastener).
7318.1590 -do-
(6) Nuts 7318.1690 -do-
(7) Steel pins, tie wing nut
(fastener).
7318.1900 -do-
(8) Steel washers, water
plate (fastener).
7318.2290 -do-
(9) Adjustable base jack
(thread rod with nut and steel
plate), adjustable fork head
(threaded rod with nut and
steel channel).
8425.4900 -do-
“[17NINTH SCHEDULE
[See sub-section (3B) of section 3]TABLE
17
Inserted by Finance Act, 2014.
(1) (2) (3) (4) (5)
S.No Description /
Specification of Goods
Sales tax
on
import
(payable
by
importer
at the
time of
import)
Sales tax
chargeable at
the time of
registration
(IMEI number
by CMOs)
Sales tax
on supply
(payable at
time of
supply by
CMOs)
1.Subscriber
Identification
Module (SIM) Cards
Rs 250
500
2.Low Priced Cellular
Mobile Phones or
Satellite Phones
i. All cameras: 2.0
mega-pixels or less
ii. Screen size: 2.6
inches or less
iii. Key pad
Rs. 150 Rs. 150
300
B. Medium Priced
Cellular Mobile Phones
or Satellite Phones
i. One or two
cameras: between 2.1 to
10 mega-pixels
Rs. 250 Rs. 250
500
ii. Screen size:
between 2.6 inches and
4.2 inches
iii. Micro-processor:
less than 2 GHZ
C. Smart Cellular
Mobile Phones or
Satellite Phones
i. One or two
cameras: 10 mega-pixels
and above
ii. Touch Screen:
size 4.2 inches and
above
iii. 4GB or higher
Basic Memory
iv. Operating system
of the type IOS, Android
V2.3, Android
Gingerbread or higher,
Windows 8 or Blackberry
RIM
v. Micro-processor:
2GHZ or higher, dual
core or quad core
Rs. 500 Rs. 500
1000
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Finance bill 2015 16_Changes Proposed in Sales Tax Act, 1990

  • 1. FINANCE BILL 2015-16 MATERIAL CHANGES PROPOSED By Syed Muhammad Ijaz, FCA, LLB 1. SALES TAX ACT, 1990 1.1. AMENDMENTS PROPOSED IN SECTION 2- DEFINITIONS 1.1.1.ACTIVE TAX PAYER Clause 1 of section 2 has been substituted by new clause that defines the “Active Taxpayer” before substitution clause 1 defined the Appellate Tribunal which is renumbered as clause 1A. Proposed new clause (1) is as under; “(1) “active taxpayer” means a registered person who does not fall in any of the following categories, namely:- (a) Who is blacklisted or whose registration is suspended or is blocked in terms of section 21; (b) Who 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(XLlX of 2001), by the due date; and (d) who fails to file two consecutive monthly or an annual withholding tax statement under section 165 of the Income Tax Ordinance, 2001; 1.1.2.APPELLATE TRIBUNAL Appellate Tribunal proposed to be renumbered as clause (1A) before proposed change it was numbered as clause 1. Before proposed renumbering by Finance Bill 2015-16 Clause (1) substituted 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 (1A) “Appellate Tribunal” means the Appellate Tribunal Inland Revenue established under section 130 of the Income Tax Ordinance 2001 (XLIX of 2001) 1.1.3.COTTAGE INDUSTRY
  • 2. Relief is proposed to be provided to cottage industry by enhancing limit of utility bills from seven hundred thousand to eight hundred thousand. 1.1.4.RETAILER Under the proviso to clause 28 of section 2 below mentioned (strike through) omission is proposed Provided that any person, who combines the business of import and retail or manufacture or production with retail, shall notify and advertise wholesale prices and retail prices separately, and declare the address of retail outlets, and his total turnover per annum shall be taken into account for the purposes of registration under section 14 1.1.5.SUPPLY A new sub-clause (d) is proposed to be added to enhance the spectrum of definition of supply. Now supply also includes manufacturing of goods on behalf of others i.e. where goods belonging to another person are transferred or delivered to such owner is now covered under supply. “(d) in case of manufacture of goods belonging to another person, the transfer or delivery of such goods to the owner or to a person nominated by him:” 1.1.6.WHISTLEBLOWER Whistleblower now finally defined under section 72D and reference is made to such definition by adding clause 46A to section 2 of Sales Tax Act, 1990 1.2. AMENDMENTS PROPOSED IN SECTION 3- SCOPE OF TAX 1.2.1.Further tax on value of supply made to non-registered persons is proposed to enhanced to 2% from earlier 1% 1.2.2.Clause (b) to subsection 2 of section 3 substituted by new clause that has proposed do done away with the strike through portion. the Federal Government may, subject to such conditions and restrictions as it may impose, by notification in the official Gazette, declare that in respect of any taxable goods goods or class of goods imported into or produced 2 [***] or any taxable supplies made by a registered person or a class of registered persons, the tax shall be charged, collected and paid in such manner and at such higher or lower rate or rates as may be specified in the said notification. 1.3. AMENDMENTS PROPOSED IN SECTION 6- TIME AND MANNER OF PAYMENT 1.3.1.For goods imported into Pakistan recovery provisions of the Customs Act, 1969 are now proposed to be included in subsection 1 of section 6 earlier only provisions relating to collection, payment and enforcement were included. 1.4. AMENDMENTS PROPOSED IN SECTION 7- DETERMINATION OF TAX LIABILITY
  • 3. 1.4.1.Through changes proposed in clause (ii) of subsection 2 of section 7 input tax cannot be claimed unless the person holds Bill of entry or GD is also included for goods cleared under section 80. Earlier goods cleared under section 79 and 104 were included in this scope now section 80 is proposed to be added. 1.5. AMENDMENTS PROPOSED IN SECTION 8- TAX CREDIT NOT ALLOWED 1.5.1.Subsection 1-Scope of exclusion in clause (h) is enhanced and now proposed that prefabricated buildings shall also be excluded along with already provided exclusions 1.5.2.Subsection 1-After clause (i) new clauses inserted for enhancing the scope of subsection 1 of section 8 of the Sales Tax Act, 1990 (j) services in respect of which input tax adjustment is barred under the respective provincial sales tax law; (k) import or purchase of agricultural machinery or equipment subject to sales tax at the rate of 7% under Eighth Schedule to this Act; and (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.”; 1.6. AMENDMENTS PROPOSED IN SECTION 8A- JOINT AND SEVERAL LIABILITY OF REGISTERED PERSONS IN SUPPLY CHAIN WHERE TAX UNPAID 1.6.1.A major clarity and shift in deciding the onus of proof for determining the knowledge and reasonable ground that tax payable in respect of that supply or any previous or subsequent supply of the goods supplied would go unpaid is now on department earlier no such clarity was there. 1.7. AMENDMENTS PROPOSED IN SECTION 13- EXEMPTION 1.7.1.Through proposed insertion of para in clause (a) of subsection 2 to section 13 power of federal government are redefined as under; pursuant to the approval of the Economic Coordination Committee of Cabinet, whenever circumstances exist to take immediate action for the purposes of national security, natural disaster, national food security in emergency situations, protection of national economic interests in situations arising out of abnormal fluctuation in international commodity prices, removal of anomalies in taxes, development of backward areas and implementation of bilateral and multilateral agreements [Underlined for emphasis] 1.7.2.By proposed omission of clause (b) of subsection 2 of section 13 powers of FBR for granting exemptions are now done away with. To give effect further to change reference of clause (b) of section (2) appearing in subsection (3) is also proposed to be omitted 1.7.3.By proposed insertion of new subsections (6) and (7) Federal government is required to place before National Assembly all notifications issued under this section in a financial year. Further under subsection (7) the notifications issued are now made time bound and any
  • 4. notification if not earlier rescinded shall stand rescinded on expiry of financial year in which it was issued. 1.8. AMENDMENTS PROPOSED IN SECTION 14- REGISTRATION 1.8.1.Section 14 proposed to be revamped and 1.9. NEW SECTION PROPOSED SECTION 21A- ACTIVE TAXPAYERS LIST 1.9.1.After section 21 a new section is proposed to be inserted as section 21A empowering FBR to maintain active taxpayers list in the manner and as may be prescribed by rules subject to such limitations and restrictions as provided therein (rules) “21A. Active taxpayers list.-The Board shall have the power to maintain active taxpayers list in the manner as may be prescribed by rules and such rules may provide for the restrictions and limitations to be imposed on a person who ceases to be an active taxpayer.”; 1.10. AMENDMENTS PROPOSED IN SECTION 25- ACCESS TO RECORD, DOCUMENTS, ETC 1.10.1. Through omission proposed in subsection 3 of section 25 the power to pass an order are now restricted to only section 11 i.e. assessment and order under section 36 is now done away (please see the strike through part) [(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) or section (36), as the case may be. 1.11. AMENDMENTS PROPOSED IN SECTION 32A- SPECIAL AUDIT BY CHARTERED ACCOUNTANTS OR COST ACCOUNTANTS 1.11.1. Heading of the section is proposed to be changed to “Audit by Special Audit Penals”. 1.11.2. Now Board has power to appoint as many special audit panels as may be necessary comprising of two or more members from the following; (a) an officer or officers of Inland Revenue; (b) a firm of chartered accountants as defined under the Chartered Accountants Ordinance, 1961 (X of 1961); (c) a firm of cost and management accountants as defined under the Cost and Management Accountants Act, 1966(XIV of 1966); or (d) any other person as directed by the Board, to conduct audit of a registered person or persons, including audit of refund claims and forensic audit and the scope of such audit shall be determined by the Board or the Commissioner Inland Revenue on a case-to-case basis. In addition, the Board may, where it considers appropriate, also get such audit conducted jointly with
  • 5. similar audits being conducted by provincial administrations of sales tax on services.”; 1.11.3. Following further changes are proposed by adding new subsections namely subsection 4, 5 and 6 giving enormous powers to the Board with respect to audit and undermining the utility and independence of this section by including FBR employees as members and chairman of the penal “(4) Each special audit panel shall be headed by a chairman who shall be an officer of Inland Revenue. (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. (6) The Board may prescribe rules in respect of constitution, procedure and working of special audit panel.”; As can be seen from above that now audit scope and methodology has been enhanced. However, including FRB employees and that also as chairman of the penal under this section means making virtually the utility of this section redundant and nailing it down to zero. Joint audit concept is also proposed to be introduced vide these changes. Further clarity is being proposed by defining the scope and types of audit that can be assigned to such panels. Amazingly the FBR employee can still blow his trumpet if any other member is not present, however other members are not given the breath to do the same. 1.12. AMENDMENTS PROPOSED IN SECTION 33- OFFENCES AND PENALTIES 1.12.1. Through change proposed at Sr. No. 1 the number of days allowed if the registered person fails to file a return are now reduced to 10 earlier it was 15. 1.12.2. Through change proposed at Sr. No. 5 the number of days for failure to deposit tax or any part thereof is also reduced to 10 earlier it was 15. 1.13. AMENDMENTS PROPOSED IN SECTION 40C- MONITORING OR TRACKING BY ELECTRONIC OR OTHER MEANS 1.13.1. For Tracking sake barcodes are now proposed to be included among other means of tracking 1.13.2. A new subsection is proposed to be added as subsection 3 whereby tax stamps, banderoles, stickers, labels, barcodes etc shall be acquired by registered person from licensee appointed by FBR for this purpose on such prices as may be approved by the Board which shall include cost of equipment installed by such licensee in premises of such person. Now this is controlling the business under the garb of tracking which will not yield any fruits. 1.14. AMENDMENTS PROPOSED IN SECTION 45A- POWER OF THE BOARD [AND [COMMISSIONER]] TO CALL FOR RECORDS
  • 6. 1.14.1. Power of Board to call for record for earlier limited to its own motion now by proposed insertion it can “otherwise” call for records. As the king of the jungle board can by the way call records. 1.15. NEW SECTION PROPOSED SECTION 56A- AGREEMENT FOR EXCHANGE OF INFORMATION 1.15.1. Concept of Avoidance of Double Tax treaty and exchange of information is now proposed to be incorporated in the Sales Tax Act, 1990 by inserting section 56A. Provisions of section 107 of the Income Tax Ordinance 2001 shall, mutatis mutandis apply to the provisions of this section. “56A. Agreement for the exchange of information.– (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. (2) The provisions of section 107 of the Income Tax Ordinance, 2001 (XLIX of 2001) shall, mutatis mutandis, apply to the provisions of this section. Certain changes are also proposed in section 107 of the Income Tax Ordinance 2001 virtually abusing the section by incorporating subsection (1A) and (1B) 1.16. NEW SECTION PROPOSED SECTION 56B- DISCLOSURE OF INFORMATION BY A PUBLIC SERVANT 1.16.1. In relating to section 56A or other provisions of Sales Tax Act, 1990 any information gathered/collected shall remain confidential 56B. Disclosure of information by a public servant.– (1) Any information acquired under any provision of this Act or in pursuance of a bilateral or multilateral agreement or tax information exchange agreement shall be confidential and no public servant shall disclose any such information, except as provided under section 216 of the Income Tax Ordinance, 2001 (XLIX of 2001). (2) The provisions of section 216 of Income Tax Ordinance, 2001 (XLIX of 2001), shall, mutatis mutandis, apply to the provisions of this section. 1.17. NEW SECTION PROPOSED SECTION 56B- PRIZE SCHEMES TO PROMOTE TAX CULTURE 1.17.1. Prize schemes proposed to be introduced to encourage procurement from registered persons issuing invoices
  • 7. 56C. Prize schemes to promote tax culture.- The Board may prescribe prize schemes to encourage the general public to make purchases only from registered persons issuing tax invoices. 1.18. NEW SECTION PROPOSED SECTION 72D- REWARD TO WHISTLEBLOWERS 1.18.1. New section is proposed to be added to legally recognize and reward the whistleblowers. The procedures mode manner in this regard are to be prescribed by Board through a notification in official gazette. Certain type of information like information that has no value, or Board already had that information or Information is available in public records or no collection of tax is made from the information provided will render the reward claim to be rejected. However, who is going to determine the value of information, or being already possessed by board are still a question to be answered. “72D. Reward to whistleblowers.– (1) The Board may sanction reward to whistleblowers in cases of concealment or evasion of tax, tax fraud, corruption or misconduct providing credible information leading to such detection of tax fraud; (2) The Board may, by notification in the official Gazette, prescribe the procedure in this behalf and also specify the apportionment of reward sanctioned under this section for whistleblowers; (3) The claim for reward by the whistleblower shall be rejected if– (a) the information provided is of no value; (b) the Board already had the information; (c) the information was available in public records; or (d) no collection of taxes is made from the information provided from which the Board can pay the reward; (4) For the purpose of this section, “whistleblower” means a person who reports concealment or evasion of sales tax and tax fraud leading to detection or collection of taxes, fraud, corruption or misconduct, to the competent authority having power to take action against the person or a sales tax authority committing fraud, corruption, misconduct, or involved in concealment or evasion of taxes.”; 1.19. CHANGES PROPOSED IN 5TH SCHEDULE- ZERO RATING 1.19.1. In serial number 6, in column (2), the words “to the Export Processing Zones and” are proposed to be omitted as a new serial containing zero rating of EPZ is proposed to be added after Sr. No. 6. Sr. No. 6 after proposed change will look like below; Supplies of such locally manufactured plant and machinery to the Export Processing Zones [and to petroleum and gas sector Exploration and Production companies, their contractors and sub-contractors] as may be specified by the Federal Government, by notification in the official Gazette, subject to such conditions and restrictions as may be specified in such notification
  • 8. 1.19.2. New Serial 6A is proposed to be added to define zero rating of supply of locally manufactured items to EPZs subject to conditions as prescribed. “6A. Supplies of locally manufactured plant and machinery of the following specifications, to manufacturers in the Export Processing 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 equipments 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); and (iv) Parts of machinery as specified in clauses (i), (ii) and (iii) (iii) identifiable for use in or with such machinery. Conditions, restrictions and procedures:- (a) the supplier of the machinery is registered under the Act; (b) proper bill of export is filed showing registration number; (c) the purchaser of the machinery is an established manufacturer located in the Export Processing Zone and holds a certificate from the Export Processing Zone 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 Export Processing 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, sales tax shall be charged on the value assessed on the bill of entry; 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.”; 1.19.3. Serial number 9, in column (2), the words “who makes local supplies of both taxable and exempt goods. Goods exempted under section 13, if exported by a manufacturer who makes local supplies of both taxable and exempt goods 1.19.4. Serial number 12, in column (2), in clause (ix), the words “including flavored milk” and the word and figure “and 0402.9900” shall be omitted; and thereafter clauses (x) to (xvi) shall be omitted (ix) Milk including flavoured milk ( PCT heading 04,01 and 0402.9900)
  • 9. 1.19.5. Following clauses are proposed to be omitted from Sr. No. 12 column 2 resulting in withdrawal of zero rating on below mentioned sectors which are now exempt by proposed inclusion in table 1 of 6th schedule to the Sales Tax Act, 1990 (x) Yogurt (PCT heading 0403.1000) (xi) Cheese ( PCT heading 0406.1010) (xii) Butter (PCT heading 0405.1000) (xiii) Cream (PCT heading 04.01 and 04.02) (xiv) Desi ghee ( PCT heading 0405.9000) (xv) Whey (PCT heading 04.04) (xvi) Milk and cream, concentrated and added sugar or other sweetening matter ( PCT heading 0402.1000) 1.20. CHANGES PROPOSED IN 5TH SCHEDULE- ZERO RATING 1.20.1. Following changes are proposed in table 1; Serial No Description Heading Nos. of the First Schedule to the Customs Act, 1969 (IV of 1969) (1) (2) (3) 19. 1 [Cereals and products of milling industry.] 1001.1000, 1001.9000, 1002.0000, 1003.0000, 1004.0000, 1005.1000, 1005.9000,2 [1006.1010, 1006.1090], 1006.2000, 1006.3010, 1006.3090, 1006.4000, 1007.0000, 1008.1000, 1008.2000, 1008.3000, 1008.9000, 1101.0010, 1101.0020, 1102.1000, 1102.2000, 1102.3000, 1102.9000, 1103.1100, 1103.1300, 1103.1900, 3[1104.2200, 1104.2300, 1104.2900 and 1104.3000] 20. Seeds, fruit and spores of a kind used for sowing. 1006.1010, 1209.1000, 1209.2100, 1209.2200, 1209.2300, 1209.2400, 1209.2500, 4[***], 1209.2900, 1209.3000, 1209.9110, 1209.9120, 1209. 9130, 1209.9190 and 1209.9900. 28. Poultry feed and Cattle feed 1 Substituted for “0904.2020” by Finance Act, 2012. 2 Substituted for “Cereals whether or not milled, hulled, polished, packed for retail sale.” By finance Act, 2007. 3 Substituted for “1006.1000” by Finance Act, 2009 4 Figure “1209.2600” omitted by Finance Act, 2007.
  • 10. including their all ingredients except soyabean meal of PCT heading 2304.0000 and oil-cake of cottonseed falling under PCT heading 2306.1000. 2301.2090, 2305.0000, 2306.2000, 2306.3000, 2306.4100, 2306.5000, 5[2309.9010, 2309.9020, 2309.9090, 2936.2100, 2936.2200, 2936.2300, 2936.2400, 2936.2500, 2936.2600, 2936.2700 and 2936.2800] 39. Incinerators of disposal of waste management, motorized sweepers and snow ploughs. 8417.8000, 8430.2000 and 8479.8990 56. Re-importation of foreign origin goods which were temporarily exported out of Pakistan subject to similar conditions as are envisaged for the purposes of applying zero- rate of customs duty under the Customs Act, 1969. 99.18 5 Substituted for “2306.7000, 2309.9000 and respective headings of 29.36” by Finance Act, 2007.
  • 11. 73. Milk 04.01 73A. Milk and cream, concentrated or containing added sugar or other sweetening matter, excluding that 04.01 and 04.02 sold in retail packing under a brand name 04.01 and 04.02 74 Flavored milk, excluding that sold in retail packing under a brand name 0402.9900 75 Yogurt, excluding that sold in retail packing under a brand name 0403.1000 76. Whey, excluding that sold in retail packing under a brand name 04.04 77. Butter, excluding that sold in retail packing under a brand name 0405.1000 78. Desi ghee, excluding that sold in retail packing under a brand name 0405.9000 ”; 79. Cheese, excluding that sold in retail packing under a brand name 0406.1010 80. Processed cheese not grated or powdered, excluding that sold in retail packing under a brand name 0406.3000
  • 12. 6 [105. Raw materials for the basic manufacture of pharmaceutical active ingredients and for manufacture of pharmaceutical products, provided that in case of import, only such raw materials shall be entitled to exemption which are liable to customs duty not exceeding ten per cent advalorem, either under the First Schedule or fifth Schedule to the Customs Act, 1969 (IV of 1969) or under a notification issued under section 19 thereof. Respective headings. 7 [114 Green House Framing and Other Green House Equipment, consisting of plastic covering and mulch film, anti- insect net and shade net (If used for Agriculture Sector) 1.Tunnel farming equipment 2.Green houses (prefabricated) 3920.1000, 3926.9099, 5608.1900, 5608.9000 8430.3100, 8430.3900, 9406.0010 8 [116 Plant, machinery and equipment imported for setting up industries in FATA upto 30th June 2019 subject to the same conditions and procedure as are applicable for import of such plant, machinery and equipment under the Customs Act, 1969 (IV of 1969) Respective headings 117 Appliances for colostomy 3006.9100 118 Colostomy and urostomy bags 3926.9050 119 Tubular day lighting devices (TDDs) 8539.3930 120 Diagnostic kits or equipment, namely:- 3822.0000 6 Inserted by finance Act, 2014. 7 Inserted by finance Act,2014. 8 Inserted by finance Act,2014.
  • 13. 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 Detektiion cups ISE Standard Alkaline phosphatase (Alb) Bilirubin kit HDL Cholesterol Ck creatinin kinase (mb) Ck nac Glulcose kit Ammonia Modular Lac Ldh kit (lactate dehydrogenase kit) Urea uv kit Ua plus Tina quant Crp control Aslo tin Proteins Lipids HDL/LDL cholesterol Protein kit U Control Sera Pac Control HCV UIBC (Unsaturated iron binding capacity) U/CSF Inorganic Phosphorus kit
  • 14. Kit amplicon kit (for PCR) Ige Lc hsv Oligo NA/K/CL Hcy Standard [or calibrated] Hla B27 Liss Coombs Typhoid kit HCV amp Urine test strips Strips for sugar test Blood glucose test strips Kits for automatic cell separator for collection of platelets Elisa or Eclia kit PCR kits Immunoblast (western blot test). I.C.T. (Immunochromatographic kit) CBC Reagent (For hematology analyzer) Complete blood count reagen 121 Blood Bag CPDA-1 with blood transfusion set pack in aluminum foil with set. Respective Headings 122 Urine drainage bags Respective Headings 123 Aircraft, whether imported or acquired on wet or dry lease 8802.2000, 8802.3000, 8802.4000 124 Maintenance kits for use in trainer aircrafts of PCT headings 8802.2000 and 8802.3000 Respective headings 125 Spare parts for use in aircrafts, trainer aircrafts or simulators Respective Headings 126 Machinery, equipment and tools for setting up maintenance, repair and overhaul (MRO) workshop by MRO company recognized by Aviation Division Respective headings 127 Operational tools, machinery, equipment and furniture and fixtures on one-time basis for Respective headings
  • 15. setting up Greenfield airports by a company authorized by Aviation Division 128 Aviation simulators imported by airline company recognized by Aviation Division Respective headings”;
  • 16. Table 2 (Local Supplies only) Serial No Description Heading Nos. of the First Schedule to the Customs Act, 1969 (IV of 1969) (1) (2) (3) 9 [13 Reclaimed lead, if supplied to recognized manufacturer of lead batteries Respective headings 10 [14 Waste paper Respective headings [11 16 Raw cotton and ginned cotton Respective headings”; and 17 Raw and pickled hides and skins, wet blue hides and skins 41.01, 41.02, 41.03, 4104.1000, 4105.1000, 4106.2100, 4106.3000, 4106.9000 18 Supplies made by manufacturers of marble and granite having annual turnover less than five million rupees even if their annual utility bill is more than eight hundred thousand rupees Respective headings 19 Bricks (up to 30th June, 2018) 6901.1000 20 Crushed stone (up to 30th June, 2018) 2517.1000”; 9 Inserted by Finance Act, 2014 10 Inserted by Finance Act, 2014 11 Inserted by Finance Act, 2014
  • 17. 12[TABLE 3 13 [ANNEXURE S. No Description PCT heading Conditions (1) (2) (3) (4) 10. Machinery, equipment, raw materials, components and other capital goods for use in buildings, fittings, repairing or refitting of ships, boats or floating structures imported by Karachi Shipyard and Engineering Works Limited. Respective Headings Nil 16 Plant, machinery, equipment and specific items used in production of bio-diesel. Respective headings The Alternative Energy Development Board (AEDB), Islamabad shall certify in the prescribed manner and format as per Annex-B that the imported goods are bonafide project requirement. The goods shall not be sold or otherwise disposed of within a period of five years of their import except with the prior approval of the FBR and payment of customs duties and taxes leviable at the time of import. 12 Inserted by Finnace Act,2014. 13 Inserted by Finance Act,2014.
  • 18. “[14 EIGHTH SCHEDULE [See clause (aa) of sub-section (2) of section 3] Table-1 S. No. Description Heading Nos. of the First Schedule to the Customs Act, 1969 (IV of 1969) Rate of Sales Tax Condition (1) (2) (3) (4) (5) 1 Soyabean meal 2304.000 0 5% 10% 3 Directly reduced iron 72.03 5% 4 Oilseeds meant for sowing. Respective headings 5% 10% Import thereof subject to the condition that concerned department of the Division dealing with the subject matter of oil seeds certifies that the imported seeds are fungicide and insecticides treated and are meant for sowing. 6 Plant and machinery not manufactured locally and having no compatible local substitutes Respective headings 5% 10% (i) On import of such plant and machinery by registered manufacturers, post- dated cheque(s) equal to the differential amount of sales tax payable at import stage, shall be submitted to the customs authorities, which shall be returned on furnishing proof of filing of first sales tax return after import of such machinery, showing the import of such machinery; 14 Inserted by Finance Act, 2014
  • 19. (ii) On import by commercial importers, good-for-payment cheque, bank guarantee, pay order or treasury challan showing deposit, equal to the differential amount of sales tax payable at import stage, shall be submitted to the customs authorities, which shall be returned back, or as the case may be, refunded, after evidence of subsequent supply to registered manufacturers or industrial users is furnished to the customs authorities; (iii) Supply of such imported plant and machinery by commercial importers to unregistered persons or persons other than manufacturers shall be liable to standard rate of tax, and evidence to that effect shall be produced to the customs authorities for release of the above mentioned instruments or refund of the amount paid at import stage; (iv) Subsequent supply of plant and machinery imported or acquired by registered manufacturers to unregistered persons or persons other than manufacturers shall
  • 20. be liable to tax at standard rate; and (v) the validity period of instruments furnished under this provision shall not be less than one hundred and twenty days. Explanation.–– For the purpose of this provision, plant and machinery means such plant and machinery as is used in the manufacture or production of goods. 7 Flavoured milk 0402.9900 10% Sold in retail packing under a brand name 8 Yogurt 0403.1000 10% Sold in retail packing under a brand name 9 Cheese 0406.1010 10% Sold in retail packing under a brand name 10 Butter 0405.1000 10% Sold in retail packing under a brand name 11 Cream 04.01 and 04.02 10% Sold in retail packing under a brand name 12 Desi ghee 0405.9000 10% Sold in retail packing under a brand name 13 Whey 04.04 10% Sold in retail packing under a brand name 14 Milk and cream concentrated and added sugar or other sweetening matter 04.04 10% Sold in retail packing under a brand name 15 Poultry feed, cattle feed, and their ingredients except soya bean meal of PCT heading 2304.0000 and oilcake of 2301.2090, 2305.0000, 2306.2000, 2306.3000, 2306.4100, 2306.5000, 2309.9010, 5%
  • 21. cottonseed falling under PCT heading 2306.1000 2309.9020, 2309.9090, 2936.2100, 2936.2200, 2936.2300, 2936.2400, 2936.2500, 2936.2600, 2936.2700, 2936.2800, and 2306.4900 (Rape Seed Meal), 2308.9000 (Guar Meal), 2303.1000 (Corn Gluton Feed/Meal), 2303.1000 (Residues of starch Manufacture and Similar residues), 3507.9000 (Enzymes other), 2302.1000 (Maize Bran), 2302.2000 (Rice Bran), 2302.3000 (Wheat Bran), 2302.4000 (Other Cereals), 2302.5000 (Bran of Leguminous Plants), 2306.7000 (Oil- cake and other solid residues of Maize (corn) germ), 2306.4900 (Sesame Cake), 2306.9000 (Sesame Meal/other Meal), 2842.1000
  • 22. (Double or complex silicates, including alumino silicates whether or not chemically defined), 2301.2010 (Fish Meal), 0505.9000 (Poultry by product Meal), and the Following items only of Feed Grade: 2827.6000 (Potassium Lodide), 2833.2990 (Manganese Sulphate), 2833.2600 (Zinc Sulphate), 2817.4000 (Zinc Oxide), 2833.2500 (Copper Sulphate), 2833.2910 (Ferrous Sulphate), 2915.5000 (Propionic acid, its salts and esters), 2930.4000 (DL Methionine ), 2930.4000 (Methionin e Hydroxy Analogue (liquid)), 2922.4100 (Lysine Monohydro Chloride /sulphate), 2923.2000 (Lecithins), 2923.9000 (Betafin), 2922.4290 (Arganine), 2934.9910
  • 23. (Furazolidone), 2922.5000 (Threonine ), 2835.2600 (Mono Calcium Phosphate) , 2835.2500 (DiCalcium Phosphate) , and 2835.2600 (Mono Di Calcium Phosphate) 16 Incinerators of disposal of waste management, motorized sweepers 8417.8000, 8430.2000 and 8479.8990 5% 17 Re-importation of foreign origin goods which were temporarily exported out of Pakistan 99.18 5% Subject to similar conditions as are envisaged for the purposes of customs duty under the Customs Act,1969, and taxable value shall be the value determined under PCT heading 99.18 of the said Act increased by customs duty payable 18 Reclaimed lead Respective Headings 5% If supplied to Recognized manufacturers of lead and lead batteries
  • 24. 19 Waste paper 47.07 5% 20 Plant, machinery, equipment and specific items used in production of biodiesel Respective Headings 5% The Alternative Energy Development Board (AEDB), Islamabad shall certify in the prescribed manner and format as per Annex-B, as given in the Sixth Schedule, that the imported goods are bonafide project requirement. The goods shall not be sold or otherwise disposed of within a period of five years of their import except with the prior approval of the FBR and payment of customs duties and taxes leviable at the time of import 21 Rapeseed, sunflower seed and canola seed 1205.0000, 1206.0000 16% On import by solvent extraction industries 22 Soya bean seed 1201.1000 6% On import by solvent extraction
  • 25. industries, subject to the condition that no refund of input tax shall be admissible”; 23 Secondhand and worn clothing or footwear 6309.0000 5% 24 Agricultural tractors 8701.9020 10% Tillage and seed bed preparation equipment (i) Rotavator (ii) Cultivator (iii) Ridger (iv) Sub soiler (v) Rotary slasher (vi) Chisel plow (vii) Ditcher (viii) Border disc (ix) Disc harrow (x) Bar harrow (xi) Mould board plow (xii) Tractor rear or front blade (xiii) Land leveler or land planer (xiv) Rotary tiller (xv) Disc plow (xvi) Soil-scrapper (xvii) K.R.Karundi (xviii) Tractor mounted trancher (xix) Land leveler 8432.8010 8432.2910 8432.8090 8432.3090 8432.8090 8432.1010 8432.1090 8432.2990 8432.2100 8432.2990 8432.1090 8430.6900 8430.6900 8432.8090 8432.1090 8432.8090 8432.8090 8701.9020 8430.6900 Seeding or planting equipment: (i) Seed- cumfertilizer drill (wheat, rice barley, etc.) (ii) Cotton or maize planter with 8432.3010 8432.3090 7%
  • 26. fertilizer attachment (iii) Potato planter (iv) Fertilizer or manure spreader or broadcaster (v) Rice transplanter (vi) Canola or sunflower drill (vii) Sugarcane planter 8432.3090 8432.4000 8432.3090 8432.3010 8432.3090 Irrigation, drainage and agro-chemical application equipment: (i) Tubewells filters or strainers (ii) Knapsack sprayers (iii) Granular Applicator (iv) Boom or field sprayers (v) Self propelled sprayers (vi) Orchard sprayer 8421.2100, 8421.9990 8424.2010 8424.2010 8424.2010 8424.2010 8424.2010 7% (i) Harvesting, threshing and storage equipment: (ii) Wheat thresher (iii) Maize or groundnut thresher or sheller (iv) Groundnut digger (v) Potato digger or harvester (vi) Sunflower thresher 8433.5200 8433.5200 8433.5900 8433.5300 8433.5200 8433.5900 8433.4000 8433.5900 8433.5900 8433.5900 8433.5900 8433.5200 8433.5200 8716.8090 8433.5900 8433.5100 7%
  • 27. (vii) Post hole digger (viii) Straw balers (ix) Fodder rake (x) Wheat or rice reaper (xi) Chaff or fodder cutter (xii) Cotton picker (xiii) Onion or garlic harvester (xiv) Sugar harvester (xv) Tractor trolley or forage wagon (xvi) Reaping machines (xvii) Combined harvesters (xviii) Pruner/shears 8433.5900 Post-harvest handling and processing & miscellaneous machinery: (i) Vegetables and fruits cleaning and sorting or grading equipment (ii) Fodder and feed cube maker equipment 8437.1000 8433.4000 7%
  • 28. Table-2 [15 Plant, machinery, equipment and apparatus, including capital goods, specified in column (2) of the Annexure below, falling under the HS Codes specified in column (3) of that Annexure, shall be charged to sales tax at the rate of five percent, except goods mentioned in serial numbers 1, 5 and 6 of the Annexure which shall be charged at the rate of ten percent, subject to the following conditions, besides the conditions specified in column (4) of the Annexure, namely:- ……… …….. [16 Annexure S. No Description PCT heading Conditions (1) (2) (3) (4) 3 . Following items imported by Call Centers, Business Processing Outsourcing facilities duly approved by Pakistan Telecommunication Authority. Nil (1) Telephone sets/head sets. 8517.1100 (2) Cat 5/Cat 6/Power cables 8544.4990 (3) PABX Switch 8517.6290 (4) Plasma TV 8528.7212 (5) Dedicated telephone exchange system for call centres. (6) Other digital cell recorders 8517.6290 8519.8990 15 Inserted by Finance Act, 2014 16 Inserted by Finance Act, 2014
  • 29. 7. Proprietary Formwork System for building/structures of a height of 100 ft and above and its various items/ components consisting of the following, namely:- 7308.4000 (i) If not manufactured locally and imported by the construction companies registered with the Pakistan Engineering Council; (1) Plastic tube. 3917.2390 (ii) the system is to be procured from a well renowned international manufacturer; (2) Plastic tie slot filters/plugs, plastic cone. 3926.9099 (iii) a certificate from one of the following International Pre- shipment Inspection Companies/Survey Firms to the extent that all the components/parts are to be used in the Proprietary Formwork System for construction of structures/buildings of more than 100 feet height, is produced, namely:- (3) Standard steel ply panels, Special sized steel ply panels, wedges, tube clamps (B-Type & G Type), push/pull props, brackets (structure), steel soldiers (structure), drop head, standard, prop tic, buard rail post (structure), coupler brace, cantilever frame, decking beam/Infill beam and doorway angles. 7308.4000 (a) Messrs Lloyds of London; (b) Messrs Quality Tech, LLC; (c) Messrs ABS; (d) Messrs Bureau Veritas; and (e) Messrs SGS; and (iv) The Pakistan Engineering Council shall certify that the imported Proprietary Formworks System conform to the requirement of the Company’s project.. (4) Lifting Unit (Structure) 7308.9090 -do-
  • 30. (5) Bolts, tie bolts, anchor bolt assembly (fastener), anchor screw (fastener). 7318.1590 -do- (6) Nuts 7318.1690 -do- (7) Steel pins, tie wing nut (fastener). 7318.1900 -do- (8) Steel washers, water plate (fastener). 7318.2290 -do- (9) Adjustable base jack (thread rod with nut and steel plate), adjustable fork head (threaded rod with nut and steel channel). 8425.4900 -do- “[17NINTH SCHEDULE [See sub-section (3B) of section 3]TABLE 17 Inserted by Finance Act, 2014.
  • 31. (1) (2) (3) (4) (5) S.No Description / Specification of Goods Sales tax on import (payable by importer at the time of import) Sales tax chargeable at the time of registration (IMEI number by CMOs) Sales tax on supply (payable at time of supply by CMOs) 1.Subscriber Identification Module (SIM) Cards Rs 250 500 2.Low Priced Cellular Mobile Phones or Satellite Phones i. All cameras: 2.0 mega-pixels or less ii. Screen size: 2.6 inches or less iii. Key pad Rs. 150 Rs. 150 300 B. Medium Priced Cellular Mobile Phones or Satellite Phones i. One or two cameras: between 2.1 to 10 mega-pixels Rs. 250 Rs. 250 500
  • 32. ii. Screen size: between 2.6 inches and 4.2 inches iii. Micro-processor: less than 2 GHZ C. Smart Cellular Mobile Phones or Satellite Phones i. One or two cameras: 10 mega-pixels and above ii. Touch Screen: size 4.2 inches and above iii. 4GB or higher Basic Memory iv. Operating system of the type IOS, Android V2.3, Android Gingerbread or higher, Windows 8 or Blackberry RIM v. Micro-processor: 2GHZ or higher, dual core or quad core Rs. 500 Rs. 500 1000