SalesTaxAct, 1990updatedbyFinanceAct, 2024upto30 06 2024 - 12 07 2024
SalesTaxAct, 1990updatedbyFinanceAct, 2024upto30 06 2024 - 12 07 2024
The
1
Sales Tax Act, 1990
Contents
Chapter I…………………………………………………………………...8
Preliminary………………………………………………………… …….8
1. Short title, extent and commencement. ............................. ………..8
2. Definitions…………………………………………………… ..8-29
Chapter-II ...................................................................................... ……....30
SCOPE AND PAYMENT OF TAX………………..…………………....30
3. Scope of tax....................................................................... ..……..30
3A. Omitted ............................................................................. …..…..35
3AA. Omitted ............................................................................. ..……..35
3AAA. Omitted ............................................................................. …..…..35
3B. Collection of excess sales tax etc. ..................................... ..……..35
4. Zero rating. ........................................................................ ..……..36
5. Change in the rate of tax. .................................................. ..……..37
6. Time and manner of payment. .......................................... …..…..38
7. Determination of tax liability. ........................................... ……....40
7A. Levy and collection of tax on specified goods on value addition....42
8. Tax credit not allowed. ..................................................... ……....42
8A. Joint and several liability of registered persons in supply chain where
tax unpaid.-………………………………………………….........45
8B. Adjustable input tax. ......................................................... ……....45
9. Debit and credit note. ........................................................ …..…..47
10. Refund of input tax. .......................................................... ……....47
11. Omitted............... .............................................................. …..… .48
11A. Short paid amounts recoverable without notice.– ............. ……....48
11B. Limitation for issuing orders in certain cases ................... ……....49
11C. Power of tax authorities to modify orders, etc. ................. ……....49
11D. Best judgement Assessment. ............................................. ……....49
11E. Assessment of tax and recovery of tax not levied or short levied or
erroneously refunded. ....................................................... ……....50
11F. Failure to withhold sales tax. ............................................ ……....51
11G. Limitation for assessment. ................................................ ……....51
12. Omitted ............................................................................. ……....52
13. Exemption.― .................................................................... ……....52
Chapter-III..................................................................................... ……....54
REGISTRATION ......................................................................... ………54
14. Registration. – ................................................................... ……....54
2
Sales Tax Act, 1990
3
Sales Tax Act, 1990
30DDDA.Directorate-General of law…………………………………….74
30E. Powers and Functions of Directorate etc. ......................... ………74
31. Powers. .............................................................................. ………74
32. Delegation of powers ........................................................ ………75
32A. Audit by Special Audit Panels ......................................... ………75
32AA. Omitted. ............................................................................. ………77
Chapter-VII ................................................................................... ………78
OFFENCES AND PENALTIES................................................... ………78
33. Offences and penalties. ..................................................... ………78
33A. Omitted ............................................................................. ………90
34. Default Surcharge. ............................................................ ………91
34A. Exemption from penalty and default surcharge. ............... ………93
35. Omitted. ............................................................................ ………93
35A. Omitted. ............................................................................ ………93
36. Omitted. ............................................................................ ………93
37. Power to summon persons to give evidence and produce documents
in inquiries under the Act. ................................................. ………93
37A. Power to arrest and prosecute ........................................... ………94
37B. Procedure to be followed on arrest of a person. ................ ………95
37C. Special Judges ................................................................... ………98
37D. Cognizance of Offences by Special Judges ...................... ………98
37E. Special Judge, etc. to have exclusive Jurisdiction ............ ………99
37F. Provisions of Code of Criminal Procedure, 1898, to apply……...100
37G. Transfer of cases ............................................................... ……..100
37H. Place of Sittings ................................................................ ……..101
37I. Appeal to the High Court .................................................. ……..101
38. Authorised officers to have access to premises, stocks, accounts and
records ............................................................................... …..…101
38A. Power to call for information. ........................................... ……..102
38B. Obligation to produce documents and provide information…….102
39. Omitted ............................................................................. ……..104
40. Searches under warrant ..................................................... ……..104
40A. Omitted. ............................................................................ ……..104
40B. Posting of Inland Revenue Officer. .................................. ……..104
40C. Monitoring of Tracking by Electronic or other means.....................104
40D. Provisions relating to goods supplied from tax-exempt areas.-....105
40E. Licensing of brand name.-............................................................106
41. Omitted… ......................................................................... …… .106
42. Omitted. ............................................................................ ……..106
4
Sales Tax Act, 1990
5
Sales Tax Act, 1990
6
Sales Tax Act, 1990
7
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 30 th 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.
8
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;
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;]
15
[(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;]
clause (8) of section 2 of the Income Tax Ordinance, 2001 (XLIX of 2001);]
14
Clause (3A) inserted by Finance Act, 2008.
15
Clause (3A) re-numbered as (3AA). Earlier it was inserted by Finance Act, 2004.
16
Clause (4) substituted by Finance Act, 2024. Earlier it was substituted by Finance Act, 2008.
17
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
18
New clause 4AA inserted by Finance Act, 2021.
19
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.
20
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.
21
Clause (5AA) inserted by Finance Act, 2008.
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;
(c) does not have a total labour force of more than ten workers; and
24
(d) annual turnover from all supplies does not exceed [eight]
million rupees;]
22
Clause (5AA) re-numbered as (5AAA) by Finance Act, 2008. Earlier it was inserted by Finance Act, 2006.
23
Clause (5AB) substituted by Finance Act, 2019.
24
Word “eight” substituted by Finance (Supplementary) Act, 2022.
25
CREST 5AC inserted by Finance Act, 2013.
11
Sales Tax Act, 1990
(6) “Customs Act” means the Customs Act, 1969 (IV of 1969), and
where appropriate all rules and notifications made under that Act;
26
[(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;]
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;]
36
[(9AA) ***]
26
Clause (6A) inserted by Tax Laws (Amendments) Ordinance, 1999.
27
Clause (6B) substituted by Finance Act, 2008. Earlier it was inserted by Finance Act, 2005.
28
The words and figure inserted by Finance Act, 1998.
29
The words and figure inserted by Tax Laws Amendment Ordinance, 2000, dated 24 th May, 2000.
30
Comma and words etc. “, sub-section (6) of section 26A” omitted by Finance Act, 2004.
31
The expression “and section 26AA omitted by Finance, Act, 2016.
32
Substituted for “20th” by Finance Act, 1998
33
Substituted for “Federal Government” by Finance Act, 2008
34
Expression inserted through Finance Act, 2016.
35
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.
36
Clause (9AA) omitted by Finance Act, 2004. Earlier it was inserted by Sales Tax (Amendment) Ordinance, 2001, dated February 7, 2001.
12
Sales Tax Act, 1990
company with this name as incorporated under the 39[Companies Act, 2017
(XIX of 2017)], for the purpose of settlement of sales tax and income tax
refund claims including payment by way of issuing refund bonds under
section 67A’;]
[ (11B) “firm” means the relation between persons who have agreed to
40 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;
37
Existing clause re-numbered as clause (11B) and new clause (11A) inserted by Finance Supplementary
(Second Amendment) Act, 2019
38
The word (Pvt) omitted by Finance Act, 2019.
39
Words substituted vide Finance Act, 2019
40
Clause (11A) inserted by Finance Act, 2008.
41
Expression omitted by Finance Act, 2023
42
New clause 12A inserted through Tax Laws (Amendment) Act, 2020 dated 30-3-2020.
13
Sales Tax Act, 1990
(iv) using any process or technology that has not earlier been used
in Pakistan and is so approved by the Engineering Development
Board; and
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;
43
Word “lawfully” omitted by Finance Act, 2008
44
Clause (14) substituted by Finance Act, 2008.
45
Word “and” added at the end of clause through Finance, Act, 2016.
46
Word “and” omitted through Tax Laws (Amendment) Ordinance, 2016.
14
Sales Tax Act, 1990
(d) 47
[…….] 48[Provincial Sales Tax levied on services rendered or
provided to the person 49[excluding those services as specified
by the Board through notification in the official Gazette subject
to such conditions, restrictions and limitations as mentioned
therein]; 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;]
47
Expression omitted through Finance, Act, 2016.
48
Expression re-inserted through Tax Laws (Amendment) Ordinance, 2016 having affect from 01 st day of July, 2016..
49
Expression inserted by Finance Act, 2024.
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 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
New clause inserted by Finance Act, 2024.
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 53[:]
54
[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;]
53
Substituted for the semi-colon by Finance Ordinance, 2000
54
Proviso inserted by Finance Ordinance, 2000.
55
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.
56
New clause 18A inserted by Finance Act, 2021.
16
Sales Tax Act, 1990
facilitate sale of goods, including third party sale, in any of the following
manner, namely:–
(a) by controlling the terms and conditions of the sale;
(b) authorizing the charge to the customers in respect of
the payment for the supply; or
(c) ordering or delivering the goods.]
(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;
58
[(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);]
59
[(21) “person” means,–
(a) an individual;
57
Clause (20) substituted by Finance Act, 2008. Earlier it was inserted by Finance Act, 2007.
58 Clause (c) substituted by Finance Act, 2020.
59
Clause (21) substituted by Finance Act, 2008.
17
Sales Tax Act, 1990
[(22A) “Provincial sales tax” means tax levied under, Provincial laws
60
(27) “retail price”, with reference to the Third Schedule, means the
price fixed by the manufacturer 65[or importer, in case of imported goods]
66
[...], inclusive of all 67[duties], charges and taxes (other than sales tax
68
[...]) at which any particular brand or variety of any article should be sold
60
Clause (22A) inserted by Finance Act, 2008.
61
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.
62
Clause (25) substituted by Finance Ordinance, 2002.
63
Words “shall remain liable to further tax under sub-section (1A) of section 3 and” omitted by Finance Act, 2004.
64
Clause (26) omitted by Finance Ordinance, 2002.
65
The expression inserted vide Finance Act, 2019.
66
Words “or the importer” omitted by Finance Act, 2005. Earlier these were inserted by Finance Act, 2003.
67
Words and comma inserted by Finance Act, 2007.
68
Words “and octroi” omitted by Finance Act, 1998.
18
Sales Tax Act, 1990
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 69[:].
70
[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.]
(c) any other sum payable under the provisions of this Act or the
rules made thereunder;]
69
The “semicolon” has been substituted by” colon” in Finance Act, 2014
70
Inserted by Finance Act 2014.
71
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.
72
Substituted for the semi-colon by Finance Act, 2003.
73
Proviso inserted by Finance Act, 2003.
74
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.
75
Clause (28A) omitted by Finance Act, 2008. Earlier it was inserted by Finance Act, 1997.
76
Clause (29A) inserted by Finance Act, 2008.
77
Words inserted by Finance Act, 2022.
19
Sales Tax Act, 1990
78
Clause (29A) renumbered as (29AA) by Finance Act, 2008. Earlier it was inserted by Finance Act, 2006.
79
Substituted for “resemble” by Finance Act, 2008.
80
Clause (31A) inserted by Finance Act, 1998.
81
Words etc. inserted by Finance Act, 2010 w.e.f. June 5, 2010.
82
Clause (33) substituted by Finance Act, 2008.
83
Word “and” omitted by Finance Act, 2015.
84
Semi-colon and word “and” substituted for colon by Finance Act, 2015. Semi-colon and word “and” substituted for colon by Finance Act, 2015.
85
Word “and” omitted by Finance Act, 2022.
86
Clause (d) added by Finance Act, 2015.
87
Semi colon and the word “and” substituted by Finance Act, 2022.
20
Sales Tax Act, 1990
88
[***]
Provided that the 89[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;]
91
[(34)] tax”, unless the context requires otherwise, means sales tax;]
21
Sales Tax Act, 1990
the tax liability or overstating the entitlement to tax credit or tax refund in
contravention of duties or obligations imposed under this Act by way of
submission of false return, statements or false documents or withholding of
correct information or documents to cause loss of tax and includes-
93
Clause (37) substituted by Finance Act, 2024.
22
Sales Tax Act, 1990
(39) “taxable goods” means all goods other than those which have
been exempted under section 13;
94
Clause (38) omitted by Finance Act, 2004.
95
The words “In Pakistan” omitted by Finance Act, 2003.
96
The words and commas inserted by Finance Act, 1998.
23
Sales Tax Act, 1990
and includes a supply of goods chargeable to tax at the rate of zero per cent
under section 4;
97
[(42) ***]
(43) “tax period” means a period of one month or such other period
as the 98[Board, with the approval of the Federal Minister-in-charge,] may
99
[, ] by notification in the official Gazette, specify;
97
Clause (42) omitted by Finance Act, 1997.
98 98
The words “Federal Government” substituted with the expression vide Finance Act, 2019.
99
Substituted for semi-colon by Finance Act, 2008
100
Clause (43A) inserted through Finance Act, 2017
101
Expression substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020 substituted expression read as under:
“Tier-1 retailers means”
102
Word “six” substituted by “twelve” though Tax Laws (Amendment) Act, 2020, dated 30-3-2020
103
The word “and” omitted vide Finance Act, 2019.
104
The word “and” omitted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
105
Sub-clause (e) omitted by Finance Act, 2023
106
New clause (f) inserted by Finance Act, 2021.
107
Word “and” omitted by Finance (Supplementary) Act, 2022.
24
Sales Tax Act, 1990
108
[(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
109
[***]
110
[(h) any other person or class of persons as prescribed by the
Board.]
111
[(44) “time of supply”, in relation to,–
(a) a supply of goods, other than under hire purchase agreement,
means the time at which the goods are delivered or made
available to the recipient of the supply 112[or the time when any
payment is received by the supplier in respect of that supply,
whichever is earlier] 113[****];
(b) a supply of goods under a hire purchase agreement, means the
time at which the agreement is entered into; and
(c) services, means the time at which the services are rendered or
provided;
114
[Provided that in respect of sub clause ( a) ,(b) or (c), where any
part payment is received, –
(i) for the supply in a tax period, it shall be accounted for in the
return for that tax period; and
(ii) in respect of exempt supply, it shall be accounted for in the
return for the tax period during which the exemption is
withdrawn from such supply ;]
108
New clause (g) inserted by Finance (Supplementary) Act, 2022.
109
Sub-clause (ga) omitted by Finance Act, 2023
110
Existing clause (f) re-numbered as clause (h) by Finance Act, 2021.
111
Clause (44) (44 A) and (44 AA) substituted for clause (44) by Finance Act, 2008.
112
Expression added by Finance Act, 2024.
113
Words omitted by Finance Act, 2021.
114
Proviso added by Finance Act, 2013.
25
Sales Tax Act, 1990
Provided that –
26
Sales Tax Act, 1990
(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
value determined by the Valuation Committee comprising
representatives of trade and the 124[Inland Revenue] constituted
by the 125[Commissioner] 126[;] 127[ ]
128
[(f) in case of manufacture of goods belonging to another person,
the actual consideration received by the manufacturer for the
value addition carried out in relation to such goods;]
129
[(g)] in case of a taxable supply, with reference to retail tax, the price
of taxable goods excluding the amount of retail tax, which a
supplier will charge at the time of making taxable supply by
him, or such other price as the Board may, by a notification in
the official Gazette, specify.]
120
The expression inserted vide Finance Act, 2019.
121
Words etc. “or 25B” omitted by Finance Act, 2004.
122
Word substituted by Finance Act, 2024.
123
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.
124
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.
125
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.
126
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.
127
The word “and” omitted vide Finance Act, 2019.
128
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.
129
Sub-Clause (g) inserted by Finance Act, 1997.
27
Sales Tax Act, 1990
130
[(h) in case of supply of electricity by an independent power
producer 131[or WAPDA], the amount received on account of
energy purchase price only; and the amount received on
account of capacity purchase price, energy purchase price
premium, excess bonus, supplemental charges etc. shall not be
included in the value of supply; 132[***]
130
Clauses (h) and (i) added by Finance Act, 2019.
131
The words inserted by Finance Act, 2020, shall be deemed to have been inserted with effect from 1st July, 2019.
132
The word “and” omitted by Finance Act, 2020, the word “and” and “new clause j” inserted by Finance Act, 2020.
133
For expression “and” expression “:” substituted and thereafter Explanation inserted by Finance Act, 2022.
134
Expression inserted by Tax Laws (Second Amendment) Ordinance, 2022.
135
Provisos substituted by Finance Act, 2006.
136
Expression inserted by Finance Act, 2024.
28
Sales Tax Act, 1990
class of supplies and for that purpose fix different values for different
classes or description of same type of imported goods or supplies:
137
Clause (46A) added by Finance Act, 2015.
138
Words inserted by Finance Act, 1997.
139
The words, brackets and figures inserted by Finance Act, 1998.
140
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.
141
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.
142
Comma and words “, and a person who in addition to making retail supplies is engaged in wholesale business” omitted by Finance Act, 2008.
29
Sales Tax Act, 1990
Chapter-II
SCOPE AND PAYMENT OF TAX
143
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
144
Words “ in Pakistan” omitted by Finance Act, 2003
145
Words substituted by Finance Act, 1996.
146
Words inserted through Finance Act, 2017
147
Sub section (1A) inserted by Finance Act, 2013.
148
Words inserted by Finance Act, 2022.
149
For the word “three” the word “four” substituted by Finance Act, 2023
150
The expression inserted through Finance Act, 2017
151
Clause (1B) substituted vide Finance Act, 2019.
152
Word substituted by Finance Act, 2021.
30
Sales Tax Act, 1990
153
Sub section (2) substituted by Finance Act, 2001
154
The expression inserted through Finance Act, 2019.
155
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
156
The expression inserted through Finance Act, 2017
157
The words “or imports” inserted vide Finance Act, 2019.
158
The expression inserted through Finance Act, 2019.
159
Substituted for “; and” by Finance Act, 2007.
160
The word ‘; and” omitted by Finance Act, 2014.
161
New proviso inserted by Finance (Supplementary) Act, 2023.
162
Proviso inserted by Finance Act, 2007.
163
Word inserted by Finance (Supplementary) Act, 2023.
164
Word “Board” substituted by Finance (Supplementary) Act, 2022.
165
The words “or imports” inserted through Finance Act, 2019.
166
The words “or imports” inserted through Finance Act, 2019.
167
Word “and” omitted by Finance Bill, 2014.
31
Sales Tax Act, 1990
168
(aa) [goods specified in the Eighth schedule shall be charged to
tax at such rates and subject to such conditions and limitations
as specified therein; and]
169
[(b) the 170[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, 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.]
32
Sales Tax Act, 1990
176
[(5) The 177[Federal Government] may, in addition to the tax levied
under sub-section (1) 178[…], 179[…] sub-section (2) and sub-section (4),
levy and collect 180[“tax at such extra rate or amount”] not exceeding
181
[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.]
182
[(6) The Federal Government or 183[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.
184
[(7) The tax shall be withheld 11[***] at the rate as specified in the
Eleventh Schedule, by any person or class of persons 185[being purchaser of
goods or services 186[, 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 restrictions as
the Board may prescribe in this behalf through a notification in the official
Gazette 187[:]
[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.]
176
Sub section (5) inserted by Finance Act, 1999.
177
Words “Federal Government” substituted by Finance Act, 2018.
178
Word etc. “and (1 A)” omitted by finance Act, 2004.
179
Word etc. “clause (C) of” omitted by Finance Ordinance, 2002
180
Words substituted by Finance Act, 2013.
181
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
182
Sub section (6) inserted by Finance Ordinance 2001
183
Substituted for “Central Board of Revenue” by Finance Act, 2007
184
Sub-section (7) substituted by Finance Act, 2019.
185
The words omitted and the expression inserted by Finance Act, 2020.
186
Expression inserted by Finance Act, 2022.
187
Colon and proviso inserted by Finance Act, 2022.
33
Sales Tax Act, 1990
188
[(8) Notwithstanding anything contained in any law or notification
made thereunder 189[, 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 190[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
Sub-section 8 Inserted by Finance Act, 2014.
189
Comma and words inserted by Finance Act, 2015.
190
Substituted for seventeen vide Finance (Supplementary) Act, 2023.
191
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.
192
Sub-section (9A) substituted through Finance Act, 2019.
193
First proviso omitted by Finance Act, 2021.
34
Sales Tax Act, 1990
194
[(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.]
195
[(10) *** repealed]
196
[(11)***]
197
[(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:
198
[3A. ***]
199
[3AA. ***]
200
[3AAA. ***]
201
[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
194
New sub-section inserted by Finance Act, 2021.
195
Section 10 repealed which was earlier inserted by Tax Laws (Third Amendment) Ordinance, 2021.
196
Sub-section (11) omitted by Finance Act, 2024.
197
New sub-section (12) added by Tax Laws (Second Amendment) Ordinance, 2022.
198
Section (3A) omitted by Finance Act, 2004.
199
Section (3AA) omitted by Finance Act, 2008.
200
Section (3AAA) omitted by Finance Act, 2002.
201
Old section (3A) renumbered as (3B) by Finance Act, 1996.
35
Sales Tax Act, 1990
incidence of which has been passed on to the consumer, shall pay the
amount of tax or charge so collected to the Federal Government.
202
[(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.]
202
Sub-section (2) substituted by Finance Act, 2014.
203
The expression inserted through Finance Act, 2017
204
Words “a Supply of” omitted by Finance Act, 2004.
205
Clause (c) substituted through Finance Act, 2019.
206
Clause (d) omitted by Finance Act, 2019.
36
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
207
[***] 208[; or]
209
(iii) [have been exported to a country specified by the
Federal Government, by Notification in the official
Gazette 210[:]
211
[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.]
(ii) in case the goods are cleared from warehouse, on the date
on which a 213[goods declaration] for clearance of such
goods is presented under section 104 of the Customs Act,
1969 (IV of 1969);
207
Words omitted by Finance Act, 1999.
208
Substituted for “full stop” by Finance Act, 1991.
209
Added by Finance Act, 1991.
210
Substituted for “full stop” by Finance Act, 1996.
211
Proviso added by Finance Act, 1996.
212
Words “in Pakistan” omitted by Finance Act, 2003
213
Substituted for “bill of entry” by Finance Act, 2005
37
Sales Tax Act, 1990
Provided further that if the tax is not paid within seven days of the
of the [goods declaration] 215[under section 104 of the Customs Act,] the
214
tax shall be charged at the rate as is in force on the date on which tax is
actually paid.
214
Substituted for “bill of entry” by Finance Act, 2005
215
Words, figure and comma inserted by the Finance Act, 1996.
216
The Words inserted in place of “IV of 1969” by Finance Act, 1996
217
The words inserted by Finance Act, 1998.
218
Words “including recovery” inserted by Finance Act, 2015.
219
Sub Section (1A) inserted by Sales Tax (amendment) Ordinance, 2002 dated June 07, 2002 and shall be
deemed to have always been so inserted.
38
Sales Tax Act, 1990
Provided that such payment may be allowed from any previous date
specified in the notification under this sub-section.]
220
Words “ in Pakistan” omitted by Finance Act, 2013
221
Words substituted through Finance, Act, 2016.
222
Substituted for full stop by Finance Act, 1997
223
Proviso inserted by Finance Act, 1997
224
Sub Section III substituted by Finance Act, 1996.
225
Words “made in Pakistan” omitted by Finance Act, 2003.
226
Sub Section 4 omitted by Finance Act, 1996.
227
New sub-section (5) added by Finance Act, 2022.
39
Sales Tax Act, 1990
228
Substituted for the word “ for by Finance Act, 2007
229
The word” section” substituted by the words and figure “section 8 and” in Finance Act 2014.
230
Comma and word etc, inserted by Finance Ordinance, 2001
231
Words inserted by Finance Act, 1996
232
Words inserted by Finance Act, 2004.
233
Words inserted by Finance Act, 1998.
234
Inserted by Finance Act 2014
235
Words etc “ excluding the amount of tax” omitted by Finance Act, 2004
236
Substituted for the full stop by Finance Act, 2003
237
Proviso substituted by Finance Act, 2008.
238
Words “in Pakistan” omitted by Finance Act, 2003.
239
Words inserted by Finance Act, 2003.
240
The expression substituted through Finance Act, 2019.
241
A Colon substituted the semi colon & Proviso added through Finance, Act, 2016.
40
Sales Tax Act, 1990
242
(ii) [in case of goods imported into Pakistan, he holds bill of
entry or goods declaration in his name and showing his sales
tax registration number, duly cleared by the customs under
section 79 243[, section 81] or section 104 of the Customs Act,
1969 (IV of 1969);]
244
(iii) [in case of goods purchased in auction, he holds a treasury
challan, 245[in his name and bearing his registration number,]
showing payment of sales tax;]
246
[(iv) ***]
247
[(3) Notwithstanding anything in sub-sections (1) and (2),
248
[Board, with the approval of the Federal Minister-in-charge,] may, by a
special order, subject to such conditions, limitations or restrictions as may
be specified therein allow a registered person to deduct input tax paid by
him from the output tax determined or to be determined as due from him
under this Act.]
249
[(4) Notwithstanding anything contained in this Act or rules made
there under, the 250[Federal Government] may, by notification in the official
Gazette, subject to such conditions, limitations or restrictions as may be
specified therein, allow a registered person or class of persons to deduct
such amount of input tax from the output tax as may be specified in the said
notification.]
251
[(5) Notwithstanding anything contained in this Act or the rules
made thereunder, the Board, by notification in the official Gazette, may
impose restrictions on wastage of material on which input tax has been
claimed in respect of the goods or class of goods.]
242
Clause (ii) substituted by Finance Act, 2003.
243
Expression “, section 81” inserted by Finance Act, 2015.
244
Clause (iii) inserted by Finance Ordinance, 2002
245
Comma and words inserted by Finance Act, 2004.
246
Clause (iv) omitted by Finance Act, 1997.
247
Sub Section (3) inserted by Finance Ordinance, 2002.
248
The expression substituted by Finance Act, 2019.
249
Sub Section (4) inserted by Finance Act, 2007.
250
Words “Federal Government” substituted by Finance Act, 2018.
251
New sub-section inserted by Finance Act, 2020.
41
Sales Tax Act, 1990
252
[7A. Levy and collection of tax on specified goods on value
addition. – 253[(1) Notwithstanding anything contained in this Act or the
rules made there under, the 10[Federal Government] may specify, by
notification in the official Gazette, that sales tax chargeable on the supply
of goods of such description or class shall, with such limitations or
restrictions as may be prescribed, be levied and collected on the difference
between the value of supply for which the goods are acquired and the value
of supply for which the goods, either in the same state or on further
manufacture, are supplied.]
254
[(2) Notwithstanding anything contained in this Act or the rules
made thereunder, in respect of the goods or class of goods specified in the
Twelfth Schedule, the minimum value addition tax, against the value added
by the registered person, shall be payable, at the rate and by the registered
persons or class of registered persons, specified therein, subject to the
conditions, limitations, restrictions and procedure specified therein:
252
Section (7A) inserted by Finance Act, 2003.
253
Renumbered by Finance Act, 2004
254
Sub-section (2) substituted vide Finance Act, 2019.
255
Section (8) substituted by Finance Act, 1996.
256
Clause (a) substituted by Sales Tax (amendment) Ordinance, 2001 dated February 07, 2001.
257
Words inserted by Finance Act, 2008.
258
Words “for the manufacture of production of manufacture goods or,” omitted by Finance Act, 2007.
259
Words “Federal Government” substituted by Finance Act, 2018.
260
Substituted for full stop by Finance Act, 1999
261
Word “and” omitted by Finance Act, 2004.
42
Sales Tax Act, 1990
262 263
[(c)] [***] the goods under 264[sub-section] (5) of section 3 265[:]
266
[(ca) the goods 267[or services] in respect of which sales tax has not
been deposited in the Government treasury by the respective
supplier;]
268
[(caa)
purchases, in respect of which a discrepancy is indicated by
CREST or input tax of which is not verifiable in the supply
chain;]
269
[(d) fake invoices; 270[***]
262
Clause (c) inserted by Finance Act, 1999.
263
Word “on” omitted by Finance Act, 2004.
264
Substituted for subsection (1A) and Finance Act, 2004.
265
Substituted for the full stop by Finance Act, 2004.
266
Clause (ca) inserted by Finance Act, 2006.
267
Words inserted by Finance Act, 2008.
268
Clause (caa) inserted by Finance Act, 2013
269
Clause (d) inserted by Finance Act, 2004.
270
The word “and “omitted by Finance Act 2014.
271
Inserted by Finance Act, 2014.
272
Inserted by Finance Act, 2014.
273
Inserted by Finance Act, 2014.
274
Words inserted by Finance Act, 2015.
275
Word “and” omitted by Finance Act, 2015.
276
Inserted by Finance Act, 2014.
43
Sales Tax Act, 1990
(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 279[or he has not
paid amount of tax due as indicated in his return; and
280
[(m) the input goods 281[or services] attributable to supplies made to
un-registered 282[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.]
277
Semi-colon substituted for full stop by Finance Act, 2015.
278
Clauses (j), (k) and (l) added by the Finance Act, 2015.
279
Expression added through Finance Act, 2016.
280
Clause (m) substituted through Finance Act, 2019.
281
The words inserted by Finance Act, 2020.
282
Word “person” substituted by Finance Act, 2022.
283
Sub-Section (4) omitted by Finance Act, 1999.
284
Sub-section (5) inserted by Finance Act, 1999.
44
Sales Tax Act, 1990
section, no input tax credit shall be allowed to the persons who paid fixed
tax under any provisions of this Act as it existed at any time prior to the first
day of December, 1998.]
285
[(6) Notwithstanding anything contained in any other law for the
time being in force or any provision of this Act, 286[Board, with the approval
of the Federal Minister-in-charge,] may, by notification in the official
Gazette, specify any goods or class of goods which a registered person
cannot supply to any person who is not registered 287[***] under this Act.]
288
[(7) ***]
289
[8A. Joint and several liability of registered persons in supply
chain where tax unpaid.– Where a registered person receiving a taxable
supply from another registered person is in the knowledge or has reasonable
grounds to suspect that some or all of the tax payable in respect of that
supply or any previous or subsequent supply of the goods supplied would
go unpaid 290[, of which the burden to prove shall be on the department]
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 291[:]]
292
[Provided that the Board may by notification in the official
gazette, exempt any transaction or transactions from the provisions of this
section.]
293
[8B. Adjustable input tax.– (1) Notwithstanding anything
contained in this Act, in relation to a tax period, a registered person 294[***]
shall not be allowed to adjust input tax in excess of ninety per cent of the
output tax for that tax period:
285
Sub-section (6) inserted by Sales Tax (Amendment) Ordinance, 2001 dated February 7, 2001.
286
The expression substituted by Finance Act, 2019.
287
Words “or enrolled” omitted by Finance Act, 2004.
288
Sub-section (7) omitted by Finance Act, 2004. Earlier it was inserted by Sales Tax (Amendment) Ordinance, 2001, dated February 7, 2001.
289
Section 8A inserted by Finance Act, 2006.
290
Expression added by Finance Act, 2015.
291
Substituted for full stop by Finance Act, 2007.
292
Proviso inserted by Finance Act, 2007.
293
Section 8B inserted by Finance Act, 2007.
294
Words omitted by Finance Act, 2022.
45
Sales Tax Act, 1990
295
[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:]
295
Proviso substituted by Finance Act, 2011.
296
Words inserted by Finance Act, 2009.
297
New sub-section (4A) inserted by Finance Act, 2020.
46
Sales Tax Act, 1990
298
New sub-section (6) inserted through Finance Act, 2019.
299
Expression substituted by Finance Act, 2021.
300
Section 10 substituted by Finance Act, 2007. Earlier it was also substituted by Finance Act, 1998 and Finance Act, 1996
301
Proviso substituted by Finance Act, 2008.
47
Sales Tax Act, 1990
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
302
[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 303[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.]
304
[11. ***]
305
[11A. Short paid amounts recoverable without notice.–
Notwithstanding any of the provisions of this Act, where a registered person
pays the amount of tax less than the tax due as indicated in his return, the
short paid amount of tax along with default surcharge shall be recovered
from such person by stopping removal of any goods from his business
premises and through attachment of his business bank accounts, without
giving him a show cause notice and without prejudice to any other action
prescribed under section 48 of this Act or the rules made thereunder:
302
The expression substituted through Finance Act, 2019.
303
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.
304
Section 11 omitted by Finance Act, 2024.
305
Section 11A Substituted by Finance Act, 2006. Earlier it was inserted by Finance Ordinance, 2002.
48
Sales Tax Act, 1990
306
[11B. Limitation for issuing orders in certain cases.— For the
purposes of issuing an assessment order or any other order in consequence
of or to give effect to any order made by the Commissioner (Appeals),
Appellate Tribunal, High Court, or Supreme Court, the provisions of section
124 of the Income Tax Ordinance, 2001 (XLIX of 2001) shall apply mutatis
mutandis;]
307
[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.
306
Section 11B substituted by Finance Act, 2024.
307
New section 11C inserted by Finance Act, 2020.
308
New sections 11D to 11G inserted by Finance Act, 2024.
49
Sales Tax Act, 1990
(2) For the purposes of clause (b) of sub-section (1), the officer
of Inland Revenue may also disallow or reduce a registered person input tax
on goods if the registered person is unable, to provide invoice or other
record or evidence of the transaction or circumstances giving rise to such
claim.
(3) Where a best judgment assessment has been made due to
default of clause (a) of sub-section (1) and the person files the return within
sixty days of issuance of order under this section thereafter and pays the
amount of tax payable along with default surcharge and penalty, the notice
to show cause and the order of assessment shall abate.
50
Sales Tax Act, 1990
the officer of Inland Revenue after issuing a show cause notice to the person
shall pass an order to determine and recover the amount of tax unpaid or
short paid, inadmissible input tax or refund, or unlawful refund obtained
and shall also impose penalty and default surcharge in accordance with
sections 33 and 34.
(2) An order under sections 11D, 11E and 11F 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 specify, provided that such extended period shall in no
case exceed from ninety days:
51
Sales Tax Act, 1990
(3) For the purpose of sections 11D, 11E and 11F, the words
“relevant date” means—
(a) the time of payment of sales tax or charge as provided
under section 6;
(b) the time of payment for goods or services on which
sales tax was to be withheld under sub-section (7) of
section 3; and
(c) in a case where sales tax or charge has been
erroneously refunded, the date of its refund.]
309
[12. ***]
310
[13. Exemption.– (1) Notwithstanding the provisions of section 3,
supply of goods or import of goods specified in the Sixth Schedule shall,
subject to such conditions as may be specified by the 311[Federal
Government], be exempt from tax under this Act 312[.]
313
[***]
309
Section 12 omitted by Finance Act, 1996.
310
Section 13 substituted by Finance Act, 1996.
311
Substituted for “Board” by Sales Tax (Amendment) Ordinance, 1999, dated 13th August, 1999.
312
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.
313
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.
314
Clause (a) substituted through Finance Act, 2019.
315
Clause (b) omitted by Finance Act, 2015.
52
Sales Tax Act, 1990
(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) 316[***].]
317
[(4) ***]
318
[(5) ***]
319
[(6) The 320[Board] shall place before the National Assembly all
notifications issued under this section in a financial year.
(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 321[:
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.]
316
Expression “or, as the case may be, order made under clause (b) of that sub-section” omitted by Finance Act, 2015.
317
Sub-section (4) omitted by Finance Act, 2006.
318
Sub-section (5) omitted by Sales Tax (Amendment) Ordinance, 2000.
319
Sub-section (6) and sub-section (7) added by Finance Act, 2015.
320
Substituted for the words “Federal Government” through Finance Act, 2017
321
For the full stop a colon inserted and thereafter new provisos added through Finance Act, 2017
53
Sales Tax Act, 1990
Chapter-III
REGISTRATION
322
[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;
323
[14A. *** repealed]
322
Section 14 substituted by Finance Act, 2015.
323
Section 14A repealed, which was earlier inserted by Tax Laws (Third Amendment) Ordinance, 2021.
54
Sales Tax Act, 1990
324
[14AB.Discontinuance of gas and electricity connections.–
Notwithstanding anything contained in this Act or any other law for the time
being in force, the Board shall have power through Sales Tax General Order
to direct the gas and electricity distribution companies for discontinuing the
gas and electricity connections of any person who fall in the following
categories, namely:–
18. ***
19. ***
20. ***]
328
[21. De-registration, blacklisting and suspension of
registration.– (1) The Board or any officer, authorized in this behalf, may
subject to the rules, de-register a registered person or such class of registered
persons not required to be registered under this Act.
324
New section 14AB added by Finance Act, 2022.
325
Section 15 omitted by the Finance Act, 2014.
326
Section 16 omitted by Finance Act, 2003.
327
Sections 17 to 20 omitted by Finance Act, 2004.
328
Section 21 substituted by Finance Act, 2004.
55
Sales Tax Act, 1990
329
Substituted “for collector” by Finance Act, 2010
330
Comma and words “, evaded tax” omitted by Finance Act, 2005.
331
Word inserted by Finance Act, 2005.
332
Words substituted by Finance Act, 2024.
333
Sub Section (3) inserted by Finance Act, 2011
334
Words and figure omitted by Finance Act, 2013.
335
Sub section (4) inserted by Finance Act, 2013.
336
New sub-section added by Finance Act, 2024.
56
Sales Tax Act, 1990
Chapter-IV
337
Section 21A inserted by Finance Act, 2015.
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.
57
Sales Tax Act, 1990
343
[(e)] invoices, credit notes, debit notes, bank statements, 344[banking
instruments in terms of section 73,] inventory records,
345
[utility bills, salary and labour bills, 346[cash book,] rental
agreements, sale purchase agreements and lease agreements];
347
[...]
348
[(ea) Record relating to Gate passes, inward or outward and transport
receipts.]
349[(eb) Electronic version of records mentioned in clauses (a) to (ea)
of this sub-section.]
350
[(f)] such other records as may be specified by the Board:
351
[Provided that the persons paying 352[...] retail tax shall keep such
record as may be specified by the Board.]
353
[(1A) Notwithstanding anything in any other law for the time
being in force, the Board may require, by notification in the official Gazette,
a registered person or class of registered persons to declare and use only as
many number of business bank accounts as may be specified by the Board
in such notification to make or receive payments on account of purchase
and sale transactions for the purpose of this Act or rules made thereunder
and to make payment of due tax from such accounts only.]
(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
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.
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.
58
Sales Tax Act, 1990
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
software for electronic maintenance of records and filing of returns or
refunds by a person or class of such persons.]]
356
[(4) The registered persons, whose accounts are subject to audit under
the Companies Ordinance, 1984 (XLVII of 1984), shall be required to
submit a copy of the annual audited accounts, along with a certificate by the
auditors certifying the payment of due tax by the registered person.]
355
Sub Section (3) substituted by Finance Act, 2003.
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.
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.
360
Proviso inserted by Finance (Supplementary) Act, 2022.
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.
60
Sales Tax Act, 1990
370
[(3) A registered person making a taxable supply shall, subject to
such conditions, restrictions and limitations as the Board may, by
notification in the official Gazette, specify to issue electronic invoices.]
371
[(4) The Board may, by notification in the Official Gazette,
prescribe the manner and procedure for regulating the issuance and
authentication of tax invoices.]
372
[24. Retention of record and documents for 373[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 374[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].]
375
[25. Audit of sales tax affairs.– (1) The Commissioner on the basis
of reasons to be recorded in writing, may direct the officer of Inland
Revenue not below the rank of Assistant Commissioner to conduct audit of
sales tax affairs of any registered person and issue a notice to such registered
person intimating him regarding audit of sales tax affairs.
370
Sub section (3) substituted by Finance Act, 2024.
371
Sub Section (4) inserted by Finance Act, 2007.
372
Section (24) substituted by Finance Act, 1996.
373
Substituted for “Five” by Finance Act, 2010.
374
Words and Commas inserted by Finance Act, 2010.
375
Section 25 substituted by Finance Act, 2024.
61
Sales Tax Act, 1990
Provided that the reasons shall not include the mere verification of
input tax, output tax, refund claim and compliance of legal provisions
without identifying risk factors that require such verification.
Provided that the officer of Inland Revenue shall not call for record
or documents of the registered person after expiry of six years from the end
of the financial year to which they relate.
62
Sales Tax Act, 1990
63
Sales Tax Act, 1990
376
Section 25A inserted by Finance Act, 1999.
377
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.
378
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.
379
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.
64
Sales Tax Act, 1990
Chapter-V
RETURNS
381
[26. 382[***] Return.– (1) Every registered person 383[...] shall
furnish not later than the due date a true 384[, complete] and correct return
in the prescribed form to a designated bank 385[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 386[;]
387
[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.]
380
Existing sub-section renumbered as sub-section (1) and new sub-section (2) inserted by Finance Act, 2021.
381
Section 26 substituted by Finance Act, 1996
382
Word “monthly” omitted by Finance Act, 2006.
383
Words “making taxable supplies” omitted by Finance Act, 1999.
384
Comma and word inserted by Finance Act, 2020.
385
Words inserted by Finance Act, 2006.
386
In the proposed amendment “a full stop is substituted for a colon” while colon is already appearing.
387
Proviso inserted by Finance Act, 2006.
65
Sales Tax Act, 1990
388
[...]
389
(2) [....] omitted
390
[(2A) The officer of Inland Revenue may, by notice in writing,
require any person who, in his opinion, is required to file a return under this
section for a tax period or tax periods but who has failed to do so, to furnish
the return or returns within fifteen days from the date of service of such
notice or such longer or shorter period as may be specified in such notice or
as the officer of Inland Revenue may allow:
388
Proviso omitted by Finance Act, 2006
389
Sub-section (2) omitted through Finance Act, 2016.
390
New sub-section inserted by Finance Act, 2024.
391
Sub section (3) substituted by Finance Act, 2006.
392
Substituted for collector of Sales tax by Finance Act, 2010
393
Substituted for “ninety” by Finance Act, 2008.
394
Words inserted by Finance Act, 2011.
395
Substituted for the full stop through Finance Act, 2019.
396
New proviso added through Finance Act, 2019.
397
Subsection (4) inserted by Finance Act, 2003.
66
Sales Tax Act, 1990
398
[default surcharge], whenever it comes to his notice, before receipt of
notice of audit, no penalty shall be recovered from him:
398
Substituted for “Additional Tax” by Finance Act, 2005.
399
Substituted for “Sales tax” by Finance Act, 2010.
400
Words “in lieu of the audit report” omitted by Finance Act, 2010.
401
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.
402
Substituted for words “additional tax” by Finance Act, 2005.
403
Sub section (5) inserted by Finance Act, 2004.
404
Section 26 A omitted by Finance Act, 2004.
405
Section 26AA omitted by Finance Act, 2008.
406
New section 26AB inserted by Finance Act, 2021.
67
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
period not exceeding fifteen days, unless there are exceptional
circumstances justifying a longer extension of time.
407
[27. Special Returns.– In addition to the return specified under
section 26 –
(a) a person registered 408[ 409[ ] 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
407
Section 27 substituted by the Finance Ordinance, 2000.
408
Substituted for words and figure “under section 14” by sales tax (Amendments) Ordinance, 2000, dated September 05, 2000.
409
Words “or enrolled” omitted by Finance Act, 2004.
68
Sales Tax Act, 1990
payment of arrears made, etc, for such period as the Board may, by a
notification in official gazette, specify; and
Chapter-VI
410
Substituted for “Collector” by Finance Act, 2010
411
Section 28 substituted by Finance Act, 1996.
412
Substituted for “Collector” by Finance Act, 2010
413
Substituted for “Collector” by Finance Act, 2010
414
Words inserted by Finance Act, 1996.
415
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.
416
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.
69
Sales Tax Act, 1990
417
Clause (ea) inserted through Finance Act, 2017
418
Clause (fa) inserted through Finance Act, 2017
419
Word “and” omitted by Finance Act, 2011.
420
Clause “(ia)” inserted by Finance Act, 2011
421
Sub-sections (2A) & (2B) inserted through Finance Act, 2017
70
Sales Tax Act, 1990
422
Expressions inserted through Finance Act, 2017
423
Comma and words inserted by Finance Act, 2011.
424
Expression inserted through Finance Act, 2017
425
Comma and words inserted by Finance Act, 2011.
426
Section 30A substituted by Finance Act, 2018.
427
Substituted for the word “post” through Finance Act, 2019.
71
Sales Tax Act, 1990
428[30AB.
Tax Fraud Investigation Wing Inland Revenue.– (1)
There shall be established a wing to be known as Tax Fraud Investigation
Wing-Inland Revenue.
428
New section inserted by Finance Act, 2024.
72
Sales Tax Act, 1990
434
[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.]
435[30D.
Directorate General of Valuation 436[...].--The Directorate
General of Valuation 5[...] 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.
429
Section 30B inserted by Finance Act, 2005.
430
Words “of inspection and” omitted by Finance Act, 2007.
431
Section 30C inserted by Finance Act, 2005.
432
Marginal heading substituted by Finance Act, 2022.
433
Words substituted by Finance Act, 2022.
434
Section 30CA substituted by Finance Act, 2023
435
Section 30D inserted by Finance Act, 2005.
436
Words “and Post Clearance Audit” omitted by Finance Act, 2007.
73
Sales Tax Act, 1990
437
[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.]
438[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.]
439[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.]
440
[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.]
437
Section 30DD inserted by Finance Act, 2007.
438
New section 30DDD added through Finance Act, 2016.
439
New section 30DDDA added through Tax Laws (Amendment) Act, 2024.
440
Section 30E inserted by Finance Act, 2005.
441
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
74
Sales Tax Act, 1990
442
[32. Delegation of powers.– 443[(1) The Board or the Chief
Commissioner, with the approval of the Board, may, by an order and subject
to such limitations or conditions as may be specified therein, empower by
name or designation –
(3) The officer to whom any powers are delegated under this
section shall not further delegate such powers.]
445
[32A. 446[Audit by Special Audit Panels]. 447[(1) The Board may
appoint as many special audit panels as may be necessary, comprising two
or more members from the following, –
75
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.
448
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.
449
Substituted for the words “an auditor” by Finance Act, 2015
450
Substituted for the words “An Auditor” by Finance Act, 2015
451
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.
452
Sub-sections (4), (5) and (6) inserted by Finance Act, 2015.
76
Sales Tax Act, 1990
453
Section 32 AA omitted by Finance Act, 2008, earlier it was inserted by Tax Laws Amendment Ordinance, 2000, dated may
24, 2000.
77
Sales Tax Act, 1990
Chapter-VII
OFFENCES AND PENALTIES
454
[33. Offences and penalties.– 455[...] 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
454
Section 33 substituted by Finance Act, 2005.
455
Bracket and figure “one” omitted by Finance Act, 2008.
456
Substituted for the word “five” by Finance Act, 2019..
457
Substituted for the word “fifteen” by Finance Act, 2015.
458
Substituted for the word “one” by Finance Act, 2019.
78
Sales Tax Act, 1990
459
Substituted for the word “fifteen” by Finance Act, 2015.
460
Substituted for “Sales tax”, not below the rank of Assistant Collector of sales tax” by Finance Act, 2010
79
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.
80
Sales Tax Act, 1990
461
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.
462
Substituted for the words “Sales Tax” by the Finance Act, 2010
463
Column (2) of serial number 11 substituted by Finance Act, 2024.
465
Words substituted by Finance Act, 2024.
467
Substituted for “or 38A” by Finance Act, 2009
81
Sales Tax Act, 1990
464
Substituted for “or 38A” by Finance Act, 2009
466
Words substituted by Finance Act, 2024.
468
Column (2) of serial number 13 substituted by Finance Act, 2024.
82
Sales Tax Act, 1990
469
Words substituted by Finance Act, 2024.
470
Words substituted by Finance Act, 2024.
471
Words “Sales Tax” substituted for Inland Revenue by Finance (Amended) Ordinance, 2010.
472
Substituted for “Sales Tax” by Finance Act, 2010
83
Sales Tax Act, 1990
473
Words substituted by Finance Act, 2024.
474
Words added through Finance Act, 2016.
475
Serial No. 20 omitted by Finance Act, 2008.
476
Serial No. 21 and 22 inserted by Finance Act, 2006.
477
Words substituted by Finance Act, 2024.
478
Words substituted by Finance Act, 2024.
84
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
(f) unauthorizedly
uses unique
user identifier
of any other
registered user
85
Sales Tax Act, 1990
479
S.No. 23 and entries relating thereto in columns (1), (2) and (3) inserted through Finance Act, 2017
480
Expression substituted by Finance Act, 2023
481
Words inserted by Finance Act, 2024.
482
Expression omitted by by Finance (Supplementary) Act, 2022.
483
Words substituted by Finance Act, 2024.
484
Words substituted by Finance Act, 2024.
86
Sales Tax Act, 1990
485
Words substituted by Finance Act, 2024.
486
New serial numbers “24”, “25”, “26” and “27” inserted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
487
Words added by Finance Act, 2022.
489
Paragraph under serial number 24 inserted by Finance (Supplementary) Act, 2022.
87
Sales Tax Act, 1990
488
Words added by Finance Act, 2022.
490
The word substituted by Finance Act, 2020.
491
Words substituted by Finance Act, 2024.
492
Expression omitted by by Finance Act, 2022.
493
Serial number substituted by Finance Act, 2022.
494
Expression inserted by Finance Act, 2024.
495
Expression inserted by Finance Act, 2024.
88
Sales Tax Act, 1990
496
New serial number 25AA inserted by Finance Act, 2024.
497
Words inserted by Finance Act, 2024.
89
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 498[as may be
prescribed.]. However, the
adjudication authority, after such
confiscation, may allow
redemption of such goods on
payment of fine which shall not be
less than twenty percent of value,
or retail price in case of items
falling in Third Schedule, of such
goods.
499[28. Any person who is Such person shall pay a penalty of 56AB]
required to share twenty five thousand rupees for
information under first default and fifty thousand
section 56AB, fails rupees for each subsequent default
to do so in the
manner as required
under the law
500[33A***].
498
Words inserted by Finance Act, 2024.
499
New serial number 28 added by Finance Act, 2020.
500
Section 33A omitted by Finance Act, 2022.
90
Sales Tax Act, 1990
505
[(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
501
Section 34 substituted by Finance Act, 2005. Earlier it was also substituted by Finance Act, 1996.
502
Words and comma “for the first six months of default,” omitted by Finance Act, 2008.
503
Words substituted by by Finance Act, 2024.
504
Word inserted by Finance Act, 2008.
505
Clause (b) omitted by Finance Act, 2008.
91
Sales Tax Act, 1990
relates) to the day preceding the date on which the tax due is
actually paid.
Explanation.– For the purpose of this section tax due does not
include the amount of penalty.
92
Sales Tax Act, 1990
506
[34A. Exemption from penalty and 507[default surcharge].--
The Federal Government may, by a notification in the official Gazette, or
the 508[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 509[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.]
510
[35. ***]
511
[35A. ***]
512
[36. ***]
506
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.
507
Substituted for “additional tax” by Finance Act, 2005
508
Substituted for “Central Board of revenue” by Finance Act, 2007
509
Substituted for “additional tax” by Finance Act, 2005
510
Section 35 omitted by Finance Act, 1996.
511
Section 35A omitted by Finance Act, 1996. Earlier it was inserted by Finance Act, 1992.
512
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.
513
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.
93
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).
522
[(3) ***]
514
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.
515
Substituted for the figure “223” by Finance Act, 1994
516
Section 37A substituted by Finance Act, 1996.
517
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.
518
Substituted for “Central Board of Revenue” by Finance Act, 2007
519
Words inserted by Finance Act, 2007.
520
Words “in respect of a supply or supplies made by him” omitted by Finance Act, 2007.
521
Substituted for the words “may arrest such person” by Finance Act, 2003
522
Sub-section (3) omitted by Finance Act, 2005.
523
Words inserted by Finance Act, 2007.
524
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.
94
Sales Tax Act, 1990
525
[pays the amount of tax evaded or sought to be evaded along with default
surcharge and penalty as provided under this Act.]
(5) Where the person suspected of tax fraud 526[or any offence
warranting prosecution under this Act] is a company, every director or
officer of that company whom the authorised officer has reason to believe
is personally responsible for actions of the company contributing the tax
fraud 527[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, 528[default
surcharge] and penalty imposed under this Act.]
529
[37B. Procedure to be followed on arrest of a person.-- (1) When
530
[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:
95
Sales Tax Act, 1990
for any reason, he considers such cancellation necessary, but before passing
such order he shall afford such person an opportunity of being heard, unless
for reasons to be recorded he considered that the affording of such
opportunity shall defeat the purposes of this Act.
(6) When any person is arrested under this Act, 532[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.
531
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
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.
96
Sales Tax Act, 1990
1898 (Act V of 1898), but such officer shall exercise such powers subject
to the foregoing provisions of this section while holding an inquiry under
this Act.
(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.
534
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
535
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
536
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
97
Sales Tax Act, 1990
537
The expression substituted for the words “Federal Government” through Finance Act, 2019.
538
Substituted for “Central Board of Revenue” by Finance Act, 2007
539
Substituted for the words “the Sales Tax Officer” through Finance Act, 2019.
540
Section 37C inserted by Finance Ac, 2010 earlier a different section 37C was omitted by Finance Act, 2005 which was inserted by Finance Act,
1997.
541
Section 37D to 371 inserted by Finance Act, 2010.
98
Sales Tax Act, 1990
(2) Upon the receipt of report under clause (a) of sub-section (1),
the Special Judge shall proceed with trial of the accused.
(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
99
Sales Tax Act, 1990
(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.]
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.
100
Sales Tax Act, 1990
recorded or produced before the court which tried the case before the
transfer.]
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
by the Board, aggrieved by any order passed or decision made by a Special
Judge under this Act or under the Code of Criminal Procedure, 1898 (Act
V of 1898), may, subject to the provisions of Chapters XXXI and XXXII of
the said Code, within Sixty days from the date of the order or decision,
prefer an appeal to the High Court.
542
Section 38 Substituted by Finance Act, 1996.
543
Words inserted by Finance Act, 2010 w.e.f. June 5, 2010.
544
The words “or the Collector” were omitted by Finance Act, 2009.
545
Words inserted by Finance Act, 2020.
101
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
such other institutions shall supply requisite information and render
necessary assistance to the authorised officer in the course of inquiry or
investigation under this section.]
546
[(4) For the purpose of sub-section (1), the Board may make rules
relating to electronic real-time access for audit or a survey of persons liable
to tax.]
547
[38A. Power to call for information.— The
548
[Commissioner] may, by notice in writing, require any person, including
a banking company, to furnish such information or such statement in
connection with any investigation or inquiry in cases of tax fraud, as may
be specified in such notice 549[:]]
550
[Provided that the 551[Commissioner] may require any regulatory
authority to provide information concerning the licenses and authorizations
issued by it.]
552
[38B. Obligation to produce documents and provide
information.– (1) Notwithstanding anything contained in this Act or any
other law for the time being in force, any person required to maintain the
record under the Act, on demand by an officer, not below the rank of 553[an
546
New sub-section (4) inserted by Finance Act, 2020.
547
Section 38A inserted by Finance Act, 2004.
548
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.
549
Substituted for full stop by Finance Act, 2007
550
Proviso inserted by Finance Act, 2007.
551
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010
552
Section 38B inserted by Finance Act, 2006.
553
Substituted for “a Deputy” by Finance Act, 2011
102
Sales Tax Act, 1990
(c) appear before the officer of 557[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 “Collector of 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, 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.
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
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
559
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
560
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
103
Sales Tax Act, 1990
561
[39. ***]
562
[40. Searches under warrant.– (1) Where any officer of 563[Inland
Revenue] has reason to believe that any documents or things which in his
opinion, may be useful for, or relevant to, any proceedings under this Act
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 564[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).]
565
[40A. ***]
566
[40B. Posting of 6[Inland Revenue] Officer.– Subject to such
conditions and restrictions, as deemed fit to impose, the 567[Board],
568
[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 569[.] 570[omitted..]
571
[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
Section 39 omitted by Finance act, 1996.
562
Section 40 substituted by Finance Act, 2004.
563
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
564
The word and comma, inserted by the Finance Act, 2005
565
Section 40A omitted by Finance Act, 2006.
566
Section 40B inserted by Finance Act, 2003.
567
Substituted for “Central Board of revenue” by Finance Act, 2007
568
Words “or Chief Commissioner” omitted by Finance Act, 2018.
569
Colon omitted and full stop inserted by Finance Act, 2018.
570
Proviso and explanation omitted by Finance Act, 2018.
571
Section 40C inserted by Finance Act, 2013.
572
Word and comma inserted by Finance Act, 2015
104
Sales Tax Act, 1990
any such form, style and manner as may be prescribed by the Board in this
behalf.]
573
[(3) Such tax stamps, banderols, stickers, labels, barcodes etc., shall
be acquired by the registered person referred to in sub-section (2) from a
licensee appointed by the Board for the purpose, against price approved by
the Board, which shall include the cost of equipment installed by such
licensee in the premises of the said registered person.]
574
[(4) Notwithstanding anything contained in this Act, the Board
through notification in the official Gazette, may require any person or class
of persons to integrate their electronic invoicing system with the Board’s
Computerized System for real time reporting of sales in such mode and
manner and from such date as may be specified therein; and
573
Sub-section (3) added by Finance Act, 2015.
574
New sub-sections (4) & (5) inserted by Finance Act, 2024.
575
New Section “40D” inserted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
105
Sales Tax Act, 1990
(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.
578
[41. ***
42. ***]
576
Expression inserted by Finance Act, 2021.
577
New section 40E inserted by Finance Act, 2021.
578
Sections 41 and 42 omitted by Finance Act, 1996
106
Sales Tax Act, 1990
Chapter-VIII
579
[APPEALS]
580
[43. ***
581[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
accordance with section 133 of the Income Tax Ordinance, 2001(XLIX of
2001).
(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).
579
Heading of chapter Adjudication substituted for cases by finance act 1996
580
Sections 43 and 44 omitted by Finance Act, 1996
581
New section 43A added through Tax Laws (Amendment) Act, 2024.
582
Expression substituted by Finance Act, 2024 and shall be deemed to have taken effect from the 16th day of
June, 2024.
107
Sales Tax Act, 1990
Tribunal within the period provided for under section 132 of the Income
Tax Ordinance, 2001 (XLIX of 2001) which period shall commence from
the 16th day of June, 2024.]
44. ***]
583
[45. ***]
584
[45A. Power of the Board 585[and 586[Commissioner]] to call for
records.-- (1) The Board may, of its own motion 587[, 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
588
[Inland Revenue], it may pass such order as it may think fit:
(3) No order shall be made under this Section after the expiry of
591
[five] years from the date of original decision or order of the sub-ordinate
officer referred to in sub-section (1).
592
[(4) The 593[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
583
Section 45 omitted by Finance Act, 2010
584
Section 45A added by Finance Act, 1993.
585
Substituted for “Collector and Collector (Adjudication)” by Finance Act, 2005. Earlier these were substituted for “and Collector” by Finance Act,
2003.
586
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.
587
Words inserted by Finance Act, 2015.
588
Substituted for “Sales Tax” by Finance Act, 2010 w.e.f. June 5, 2010
589
Substituted for “sub-section (1)” by Finance Act, 2008
590
Substituted for the figure “45” by Finance Ordinance, 2002
591
Substituted for “three” by Finance Ordinance, 2000
592
Sub-section (4) substituted by Finance Act, 2005
593
Substituted for the word “Collector” by Finance Act, 2010
108
Sales Tax Act, 1990
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 599[.]
9
[****]
600
[(1A) An appeal under sub-section (1) shall–
594
Substituted for the words “Sales Tax” by Finance, Act, 2010
595
Section 45B inserted by Finance Ordinance, 2002
596
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.
597
Expression inserted by Tax Laws (Amendment) Act, 2024.
598
Words inserted by Finance Act, 2024.
599
For the colon a full stop substituted and second proviso omitted by Finance Act, 2020.
600
New sub-sections (1A and 1B) inserted by Finance Act, 2020.
109
Sales Tax Act, 1990
601
Existing sub-section (1A) re-numbered as (1C) by Finance Act, 2020.
602
Inserted through Finance Act, 2013
603
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
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.
604
Colon inserted through Finance, Act, 2005
605
Two provisos inserted by Finance Act, 2005
606
Substituted for “ninety” by Finance Act, 2008.
607
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
110
Sales Tax Act, 1990
612
[(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.]
608
Substituted for “one hundred and twenty” by Finance Act, 2009, earlier it was substituted for “ninety” by Finance Act, 2008.
609
Substituted for full stop by Finance Act, 2009
610
Proviso inserted by Finance Act, 2009
611
Sub-section (4) omitted y Finance Act, 2006.
612
New sub-section (5) inserted by Finance Act, 2020.
613
Sub-section (1) substituted by Tax Laws (Amendment) Act, 2024.
614
Expression inserted by Finance Act, 2024.
111
Sales Tax Act, 1990
(4) ***
(5) ***
(6) ***
(7) ***
(8) ***
(9) ***]
620
[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
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.
615
Sub-Section (2) substituted by Finance Act, 2009.
616
Substituted for “194A, 194B and 194C of the customs Act, 1969 (IV of 1969)” by Finance Act, 2010.
617
Sub Section (2A) inserted by Finance Act w.e.f. June 5, 2010.
618
Sub-section (2A) omitted by Tax Laws (Amendment) Act, 2024.
619
Sub-sections (3), (4), (5), (6), (7), (8) and (9) omitted by Finance Act, 2009.
620 Section 47 substituted by Tax Laws (Amendment) Act, 2024.
112
Sales Tax Act, 1990
High Court shall, mutatis mutandis, apply to references to the High Court
under this Act.]
621
[47A. Alternative dispute resolution.- (1) Notwithstanding any other
provision of this Act, or the rules made thereunder, an aggrieved person in
connection with any dispute pertaining to-
621
Section 47A substituted by Tax Laws (Amendment) Act, 2024.
113
Sales Tax Act, 1990
622[47AB.
Saving.–The period of limitation provided in clause (c) of
sub-section (1) of section 46 and sub-section (1) of section 47 shall continue
to apply where any decision of the commissioner (Appeals) or the Appellate
Tribunal is received prior to the date of commencement of the Tax Laws
(Amendment) Act, 2024 (V of 2024).]
Chapter-IX
RECOVERY OF ARREARS
48. Recovery of arrears of tax.--(1) 623[Subject to sub-section
(1A), where] any amount of tax 624[...] is due from any person, the officer
of 625[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;
626
[(ca) require by a notice in writing any person to stop clearance of
imported goods or manufactured goods or attach bank
accounts;]
622
New section inserted by Finance Act, 2024.
623
Words etc. “levied, penalty imposed or demand raised under any bond or other instrument executed under this
Act” omitted by Finance Ordinance, 2002.
624
Substituted for “where” 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.
626
Clause (ca) inserted by Finance Act, 1999.
114
Sales Tax Act, 1990
(d) seal the business premises till such time the amount of tax is
paid or- recovered in full;
(2) For the purpose of recovery of tax, penalty or any other demand
raised under this Act, the officer of 633[Inland Revenue] shall have the same
627
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.
628
Word “may” omitted by Finance Act, 2007.
629
For the full stop a colon substituted and thereafter proviso added through Finance Act, 2017
630
Expression inserted by Tax Laws (Amendment) Act, 2024.
631
Word ten substituted by Finance Act, 2018.
632
Sub-section (1A) inserted by Finance Act, 2007.
633
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
115
Sales Tax Act, 1990
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.
634
[(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
635
[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 –
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.
634
New sub-section inserted by Finance Act, 2021.
635
Section 49 Substituted by Finance Act, 1996
636
Sub-section (2) substituted through Finance Act, 2016.
637
Section 49A inserted by Finance Act, 2004.
116
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.
638
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.
117
Sales Tax Act, 1990
(6) Where the proceeds of sale of any asset are less than the amount
notified by the 639[Commissioner] under sub-section (2), the application of
sub-sections (4) and (5) shall be limited to the proceeds of sale.
(7) This section shall have effect notwithstanding anything
contained in any other law for the time being in force.]
(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 645[matters such as
grant of] authorization, suspension and cancellation of authorization and for
639
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.
640
Brackets and figure inserted by Finance Act, 2008.
641
Comma and words inserted by Finance Act, 1994
642
Sub-section (2) inserted by Finance Act, 2008.
643
Words inserted by Finance Act, 2021.
644
Section 50A inserted by Finance Act, 2006.
645
Substituted for “their” by Finance Act, 2007
118
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.
119
Sales Tax Act, 1990
648
[(3) Notwithstanding anything in any other law for the time being
in force, no investigation or inquiry shall be undertaken or initiated by any
governmental agency against any officer or official for anything done in his
official capacity under this Act, rules, instructions or direction made or
issued thereunder without the prior approval of the Board.]
648
Sub section (3) inserted by Finance Act, 2004.
649
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.
650
Words inserted by Sales Tax (Amendment) Ordinance, 2000, dated September 5, 2000
651
Section 52A inserted by Finance Act, 2006.
120
Sales Tax Act, 1990
652
Substituted vide Finance Ordinance, 2001
121
Sales Tax Act, 1990
[56. Service of orders; decisions etc. – (1) subject to this Act , any
653
653
Section 56 substituted vide Finance Act, 2010
654
The words “or” omitted through Finance Act, 2017
655
Semi colon substituted for the full stop and new clause (d) inserted through Finance Act, 2017
656
The words substituted by Finance Act, 2020.
122
Sales Tax Act, 1990
(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.]
659
[56A. Agreement for the exchange of information 660[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.
657
The words “or” omitted through Finance Act, 2017
658
Semi colon substituted for the full stop and new clause (d) inserted through Finance Act, 2017
659
Sections 56A, 56B and 56C added by Finance Act, 2015
660
Words inserted by Finance Act, 2021.
123
Sales Tax Act, 1990
661
[(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.]
661
New sub-section (1A) inserted by Finance Act, 2021.
662
New sub-section (3) inserted by Finance Act, 2021.
663
New section 56AB inserted by Finance Act, 2020.
124
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.
664
Section 56B substituted through Finance Act, 2016.
125
Sales Tax Act, 1990
provided under section 216 of the Income Tax Ordinance, 2001 (XLIX of
2001).
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.]
(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.
665
Existing sub-section renumbered as sub-section (1) and new sub-section (2) inserted by Finance Act, 2021.
666
Section 57 is substituted by Finance Act, 2013.
126
Sales Tax Act, 1990
(4) No order under sub-section (1) shall be made after five years
from the date of the order sought to be rectified.]
667
[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.
(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.]
668
[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: –
667
Section 58 substituted by Finance Act, 2019.
668
Section 58A and 58B inserted by Finance Act, 2008
127
Sales Tax Act, 1990
128
Sales Tax Act, 1990
(b) who has any business connection with the non-resident person;
669
The expression substituted by and Explanation added by Finance Act, 2020.
670
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.
129
Sales Tax Act, 1990
671
Substituted for “Collector” by Finance Act, 2010 w.e.f. June 5, 2010
130
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
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.]
675
[60. Powers to deliver certain goods without payment of tax.–
Subject to such conditions, limitations or restrictions as it thinks fit to
impose, 676[Federal Government] may authorise the 677[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: –
672
Section 59 inserted by Finance Act, 1999. Earlier it was omitted by Finance Act, 1997. Earlier it was substituted through Finance Act, 1996.
673
Commas and words “, other than the turnover tax” omitted by Finance Act, 2004.
674
Substituted for “section 18” by Finance Act, 2004
675
Section 60 Substituted by Finance Act, 1998.
676
Words substituted by Finance Act, 2018.
677
Substituted for “delivery” by Finance Act, 1999
678
Clause (ii) substituted by the Finance Act, 1999.
131
Sales Tax Act, 1990
679
[(iii) ***]
679
Clause (iii) omitted by Finance Act, 1999.
680
Words “the importation of” omitted by Finance Ordinance, 2002
681
Section 61A inserted by Finance Act, 2008.
132
Sales Tax Act, 1990
(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.
(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;
682
Words substituted by Finance Act, 2018.
133
Sales Tax Act, 1990
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.]
691
[Provided also that no refund shall be admissible under this
section if incidence of tax has been passed directly or indirectly to the
consumer.]
683
Words inserted by Finance Act, 1998.
684
Substituted for the full-stop by Finance Ordinance, 2001
685
Proviso inserted by Finance Ordinance, 2002.
686
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.
687
Proviso inserted by Finance Ordinance, 2001.
688
Word inserted by Finance Ordinance, 2002.
689
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.
690
Substituted for full stop by Finance Act, 2005
691
Proviso inserted by Finance Act, 2011.
134
Sales Tax Act, 1990
692
[67. Delayed Refund.– Where a refund due under section 10 is not
made within 693[the time specified in section 10 from the date] of filling of
694
[refund claim], there shall be paid to the claimant in addition to the
amount of refund due to him, a further sum equal to 695[KIBOR] per annum
of the amount of refund due, from the date following the expiry of [the time
specified 696[as aforesaid], to the day preceding the day of payment of
refund:
692
Section 67 substituted by Finance Act, 1996.
693
Substituted for “thirty days” by Finance Act, 1997
694
Substituted for “return” by Finance Act, 2007
695
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.
696
Substituted for the words and figures “in section 10 from the date” by Finance Act, 2007.
697
Colon substituted for full stop and new proviso inserted by Finance Act, 2021.
698
New section 67A inserted by Finance Supplementary (Second Amendment) Act, 2019
699
The word “private” omitted by Finance Act, 2019.
700
The word “private” omitted by Finance Act, 2019.
135
Sales Tax Act, 1990
(4) The bonds so issued shall have a maturity period of three years
and shall bear annual simple profit at ten per cent.
(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
701
The expression substituted for the words “Federal Government” by Finance Act, 2019.
136
Sales Tax Act, 1990
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.
702
[69. Issuance of duplicate of sales tax documents.– An officer of
703
[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.]
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.]
707
[(2) ***]
708
[(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.]
709
[72. Officers of 710[Sales Tax] to follow Board's orders, etc.– All
officers of 9[Inland Revenue] and other persons employed in the execution
702
Section 69 substituted by the Finance Act, 2008.
703
Substituted for the words “Sales Tax not below the rank of Assistant Collector” by the Finance Act, 2010
704
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.
705
Section 71 re-numbered as sub-section (1) by Finance Act, 1999
706
The expression “Notwithstanding anything contained in this Act, the Federal Government” substituted through Finance Act, 2019.
707
Sub-section (2) omitted by Sales Tax (Amendment) Ordinance, 1999, dated 13th August, 1999. Earlier inserted by Finance Act, 1999.
708
Sub-section (3) inserted by Finance Act, 1999.
709
Sub-section (3) inserted by Finance Act, 1999.
710
Section 72 inserted by Finance Act, 1998.
9 Substitued for the Words “Sales Tax” by Finance Act, 2010.
137
Sales Tax Act, 1990
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.]
711
[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
Inland Revenue, Superintendent Inland Revenue, Inland Revenue Audit
Officer and an officer of Inland Revenue, respectively.]
712
[72B. Selection of audit by the Board.– (1) The Board may select
persons or classes of persons for audit of tax affairs through computer ballot
which may be random or parametric as the Board may deem fit.
713
[(1A) Notwithstanding anything contained in this Act or any other
law, for the time being in force, the Board shall keep the selection
parameters confidential.]
(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.]
711
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.
712
Section 72A inserted 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
New sub-section (1A) added through Finance Act, 2019.
138
Sales Tax Act, 1990
714
[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.
(3) The claim for reward by the whistleblower shall be rejected, if-
139
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.
716
Section 73 substituted by Finance Act, 2004. Earlier it was substituted by Finance Act, 2003, which was
inserted by Tax Laws (Amendments) Ordinance, 1999.
717
Words inserted by Finance Act, 2024.
718
Substituted for full stop by Finance Act, 2005
719
Proviso inserted by Finance Act, 2005.
720
New proviso inserted by Finance Act, 2021.
140
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;
725
[***]
(c) all other persons not engaged in supply of taxable
goods; 4[and]
726
(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.]
721
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.
722
Words inserted by Finance Act, 2013.
723
New sub-section “(4)” inserted through Tax Laws (Amendment) Act, 2020.
724
Word substituted by Finance Act, 2020.
725
Word “and” omitted and the word “and” inserted by Finance Act, 2020.
726
New clause (d) inserted by Finance Act, 2020.
141
Sales Tax Act, 1990
727[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 728[Board] may, 729[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 [:]
727
Section 74 added by the Finance Ordinance, 2002.
728
Substituted for the words “Central Board of Revenue” by Finance Act, 2007.
729
Words added by Finance Act, 2022.
730
Section 74A inserted through Finance Act, 2017
731
Existing provision numbered as sub-section (1) by Finance Act, 2018.
732
Figure substituted by Finance Act, 2018.
733
New sub-section (2) added by Finance Act, 2018.
142
Sales Tax Act, 1990
***************
734
New section 76 added through Finance Act, 2019.
735
Words “Federal Government” substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
736
Existing sub-section renumbered as sub-section (1) and new sub-section (2) inserted by Finance Act, 2021.
737
New section 77 added by Finance Act, 2022.
143
Sales Tax Act, 1990
SCHEDULES
The
FIRST SCHEDULE
738
[***]
The
SECOND SCHEDULE
739
[***]
740
[The
THIRD SCHEDULE
See 741[clause (a)] of sub-section (2) of section 3]
738
The first schedule omitted by Finance Supplementary (Amendment) Act, 1997, with effect from March 28, 1997.
739
The Second Schedule omitted by Finance Supplementary (Amendment) Act, 1997, with effect from March 28, 1997.
740
The Third Schedule Substituted by Finance Act, 1998, earlier it was inserted by Finance Act, 1996.
741
Substituted for the words, brackets and letter “clause (c)” by Finance Ordinance, 2002
742
Substituted for the figure “21.05” through Finance Act, 2017
743
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.
744
Serial No.7 to 11 and entries relating thereto added by Finance Act, 2005
745
Expression substituted by Finance Act, 2022.
144
Sales Tax Act, 1990
746
Serial No.12 to 13 and entries relating thereto omitted by Finance Act, 2008
747
Serial No.14 to 16 and entries relating thereto added by Finance Act, 2005
748
Serial No.17 and entries relating thereto added by Finance Act, 2005
749
Serial No.18 to 21 and entries relating thereto added by Finance Act, 2006
750
Serial No.19 to 20 and entries relating thereto omitted by Finance Act, 2008
751
Serial Nos. 23 to 31, 34 and 35 entries relating thereto omitted by Notification No. S.R.O. 895(I)/2013, dated 4th October, 2013.
145
Sales Tax Act, 1990
752
Serial No. 32 and entries relating thereto omitted by Finance Act, 2022.
753
Serial Nos. 22 and 36 and entries relating thereto omitted Notification No. S.R.O. 681(I)/2013, dated 26 th July, 2013.
754
New Serial number added through Finance Act, 2016
755
Serial numbers 38 up to 49 and entries relating thereto added through Finance Act, 2019.
146
Sales Tax Act, 1990
756
Serial number 50 omitted by Finance (Supplementary) Act, 2022 w.e.f 1 st day of December, 2021.
757
New serial number 51 added by Finance Act, 2024.
147
Sales Tax Act, 1990
The
FOURTH SCHEDULE
758
[***]
759
[The
FIFTH SCHEDULE
[See section 4]
Serial Description
No.
(1) (2)
760
[1. ***]omitted
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.]
761
[3. ***]omitted
762
[4. ***]omitted
763
[5. Supplies of raw materials 764[, components and goods for
further] manufacture of goods in the Export Processing
Zones.]
754
[6. ***]omitted
765
[6A. ***]omitted
758
Fourth Schedule omitted by Finance Act, 1998.
759
Fifth Schedule added by Finance Act, 1996.
760
S. Nos. 1 and 6 and entries relating thereto omitted by Finance Act, 2021.
761
Serial number 3 and entries relating thereto in column (2) omitted by Finance (Supplementary) Act, 2022.
762
Serial No. 4 and entry relating thereto omitted by Finance Act, 2012
763
Serial No. 5 added by the Finance Act, 1997.
764
Substituted for the words “and components for” by the Sales Tax (Amendment) Ordinance, 1999
765
Serial number(s) 6A and 9 and entries relating thereto in column (2) omitted by Finance (Supplementary) Act, 2022.
148
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
766
[7.Supplies made to exporters under the Duty and Tax
Remission Rules, 2001 subject to the observance of
procedures, restrictions and conditions prescribed therein.]
767
[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 768[Board] may impose. ]
769
[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
770
[10. ***]omitted
6
[11. ***]omitted
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
771
[prescribed by the Board]:--
772
[(i) to (ix) [......]]
773
[(x) ...
(xi) ...
(xii) ...
766
Serial No. 7 added by Finance Ordinance, 2001
767
Serial No. 8 and entries relating thereto inserted by Finance Act, 2004
768
Substituted f Revenue” by Finance Act, 2007
769
New serial No. 8A added by the Finance Act, 2023
770
S. Nos. 10 and 11 and entries relating thereto omitted by Finance Act, 2021.
771
Substituted for the word “specified in Chapter XIV of the Sales Tax Special Procedure Rules, 2007” through Finance Act, 2019.
772
Serial numbers (i) to (ix) omitted through Finance Act, 2016.
773
Clauses (x) to (xvi) omitted by Finance Act, 2015
149
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
(xiii) ...
(xiv) ...
(xv) ...
(xi) ...]
774
(xvii) [***]omitted
775
(xviii) [***]omitted
774
Clauses (xvii), (xx), (xxi), (xxii), (xxiv), (xxv), (xxvi) and (xxvii) of serial number 12 omitted by Finance
Act, 2024.
775
Serial number (xviii) omitted through Finance Act, 2016.
776
Clause (xix) omitted by Finance (Supplementary) Act, 2022.
777
New serial numbers 13 and 14 inserted by Finance Act, 2020 shall have effect from the 1st June, 2020.
150
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
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;
(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
151
Sales Tax Act, 1990
Serial Description
No.
(1) (2)
(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.]
778
[15. ***]omitted
779
16. [***] omitted
[17. [***] omitted
[18. ***]omitted
780
[19. ***]omitted
20. Petroleum Crude Oil (PCT heading 2709.0000)].
[21. [***] omitted
778
Serial numbers 15 and 18 omitted by Finance (Supplementary) Act, 2022.
779
Serial number(s) 16, 17 and 21 omitted by Finance Act, 2024.
780
Serial number 19 omitted by Finance Act, 2022.
152
Sales Tax Act, 1990
781
[The
SIXTH SCHEDULE
[See section 13(1)]
Table-1
(Imports or Supplies)
781
Sixth Schedule substituted by Finance Act, 2005. Earlier it was substituted by Finance Act, 1998. Originally it
was inserted by Finance Act, 1996.
782
Serial number(s) 1,2,3,11 and 12 omitted by Finance (Supplementary) Act, 2022.
783
S. Nos. 4 to10 and entries relating thereto omitted by Finance Act, 2006
784
Serial number 13 omitted by Finance Act, 2024.
153
Sales Tax Act, 1990
785
Substituted for the figure and comma “0713.2000” by the Finance Act, 2009
786
Serial number 15 omitted by Finance Act, 2024.
787
Word substituted by Finance Act, 2023
788
Substituted for PCT heading “0904.2010” by the Finance Act, 2012
789
Substituted for PCT heading “0904.2020” by the Finance Act, 2012
790
Word substituted by Finance Act, 2023
791
Substituted for the figure “0910.1000” through Finance Act, 2017
792
Word substituted by Finance Act, 2023
793
Serial number 19 substituted by Finance (Supplementary) Act, 2022.
794
Serial number 20 omitted by Finance (Supplementary) Act, 2022.
795
Serial number(s) 21and 23 omitted by Finance (Supplementary) Act, 2022.
154
Sales Tax Act, 1990
796
Serial numbers 22,24,26, 27, 29 and 29C omitted by Finance Act, 2021.
797
S. No. 25 and the entries relating thereto omitted by the Finance Act, 2013
798
Serial No. 28 and entries relating thereto omitted by Finance Act, 2015
799
S. Nos. 29A and 29B omitted by the Finance Act, 2011
800
S. No. 30 omitted by the Finance Act, 2011
801
Substituted for the words and figures “4901.9910 and respective headings of 85.24” by the Finance Act, 2007
802
Substituted for PCT heading “8523.4010” by Finance Act, 2012
803
Substituted for PCT heading “8523.4030” by Finance Act, 2012
804
Substituted for PCT heading “8523.4090” by Finance Act, 2012
155
Sales Tax Act, 1990
156
Sales Tax Act, 1990
818
Serial number 46 omitted by Finance (Supplementary) Act, 2022.
819
Substituted for the words “Central Board of Revenue” by Finance Act, 2007
157
Sales Tax Act, 1990
820
Serial number(s) 49 to 57 and 58 omitted by Finance (Supplementary) Act, 2022.
821
Serial No. 56 and entries relating thereto omitted by Finance Act, 2015
824
Substituted for the word and figures “and 99.25” by the Finance Act, 2008
825
The comma and figure inserted by the Finance Act 2014
158
Sales Tax Act, 1990
822
Substituted for the word “and” by the Finance Act, 2008
823
The comma and words inserted by the Finance Act 2014
826
Serial number(s) 60, 61 and 63 omitted by Finance (Supplementary) Act, 2022.
827
S. No. 62 omitted by the Finance Act, 2011
828
S. Nos. 64 to 70 omitted by the Finance Act, 2011
159
Sales Tax Act, 1990
829
Serial number(s) 71, 72, 81, 84 and 92 omitted by Finance (Supplementary) Act, 2022.
830
Serial numbers 73 to 80, 82, 83 and 85 omitted by Finance Act, 2021.
831
Serial numbers 85, 91 and 93 omitted by Finance Act, 2021.
832
Serial numbers 86, 87, 88, 90 and 96 omitted by Finance Act, 2024.
833
Serial number 95 and entries relating thereto is omitted through Finance Act, 2019.
160
Sales Tax Act, 1990
834
Serial numbers 97 and 98 omitted by Finance Act, 2024.
835
Serial number 99 omitted by Finance (Supplementary) Act, 2022.
836
Spellings of “Gawadar” corrected as “Gwadar” by Finance Act, 2017
837
New serial numbers 100A & 100B added through Finance Act, 2016.
838
The expression inserted through Finance Act, 2017
161
Sales Tax Act, 1990
839 The expression inserted by Finance Act, 2020 shall have effect from the 1st June, 2020.
840
Spellings of “Gawadar” corrected as “Gwadar” by Finance Act, 2017
162
Sales Tax Act, 1990
163
Sales Tax Act, 1990
841
The expression inserted and words substituted by Finance Act, 2020 shall have effect from the 1 st June,
2020.
164
Sales Tax Act, 1990
842
Spellings of “Gawadar” corrected as “Gwadar” by Finance Act, 2017
165
Sales Tax Act, 1990
166
Sales Tax Act, 1990
167
Sales Tax Act, 1990
843
New S.No. 100C and entries relating thereto inserted through Finance Act, 2017
844
New serial number 100D inserted by Finance Act, 2020 shall have effect from the 1st June, 2020.
168
Sales Tax Act, 1990
845
Serial number 101 omitted by Finance Act, 2021.
846
Serial number(s) 102, 104 and 105 omitted by Finance (Supplementary) Act, 2022.
847
Serial number 103 omitted by Finance Act, 2021.
848
Serial numbers 106 and 108 omitted by Finance Act, 2021.
169
Sales Tax Act, 1990
849
Serial number(s) 109 and 110 omitted by Finance (Supplementary) Act, 2022.
850
Serial No. 111, expression “White crystalline sugar” omitted through Finance Act, 2016.
851
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.
170
Sales Tax Act, 1990
B. ANGIOGRAPHY
PRODUCTS
1. Angiography Catheters
2. Sheaths
171
Sales Tax Act, 1990
C. CONTRAST MEDIA
FOR
ANGIOGRAPHY/ANG
IOPLASTY
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)
852
New sub-serial No. 7 under entry B of S.No. 112 and entries relating thereto added by Finance Supplementary (Amendment) Act, 2018.
172
Sales Tax Act, 1990
F. HEART FAILURE
DEVICES
(with leads, connectors
and accessories)
G. IMPLANTABLE
CARDIOVERTES
(with leads, connectors
and accessories)
H. CARDIAC ELECTRO-
PHYSIOLOGY
PRODUCTS
1. Electrophysiology
catheters
2. Electrophysiology cables
3. Electrophysiology
connectors
4. 853[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
853
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.
173
Sales Tax Act, 1990
I. LEAR CARDIOLOGY
PRODUCTS
1. Radioactive isotopes
J. CARDIAC SURGERY
PRODUCTS
1. Oxygenators
2. Cannulas
3. Prosthetic Heart Valves
4. Luminal shunts for heart
surgery
5. Artificial limbs and
appliances
6. 854[High-Flow, Low-
Profile Percutaneous
Heart Pump PHP Console
and Catheters
7. Tandem Heart / Tandem
Lung and Accessories
854
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.
174
Sales Tax Act, 1990
K. EQUIPMENT
1. Cardiac Angiography
Machine
2. Echocardiography
Machines
3. ETT Machines
4. Gamma Camera for
Nuclear Cardiology
Studies
5. 855[Left Ventricular Assist
Device / System (LVAD)
and Catheters
6. MitraClipTranscatheter
Mitral Valve System
855
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.
175
Sales Tax Act, 1990
L. PERIPHERAL
INTERVENTIONS
EQUIPMENT
176
Sales Tax Act, 1990
856
Words “Drug Eluting Peripheral Stents” under entry L of S.No. 112 added by Finance Supplementary
(Amendment) Act, 2018.
857
Serial number(s) 113, 114, 116, and 117 omitted by Finance (Supplementary) Act, 2022.
858
Serial number 115 omitted by Finance Act, 2021.
859
S.No. 118 omitted by Finance Supplementary (Second Amendment) Act, 2019
860
Serial No. 119, expression “Tubular day..” omitted through Finance Act, 2016.
861
Serial number 120 omitted by Finance Act, 2024.
862
Explanation added by Finance Act, 2023
177
Sales Tax Act, 1990
863
Serial numbers 123 to 125 omitted by Finance Act, 2021.
864
Serial number(s) 126, 127 and 129 omitted by Finance (Supplementary) Act, 2022.
865
Serial number 128 omitted by Finance Act, 2021.
866
Serial number(s) 130 to 132 omitted by Finance (Supplementary) Act, 2022.
178
Sales Tax Act, 1990
867
The words “ingredients for pesticides” and the figure “2903.3040” omitted by Finance Act, 2017
868
The words “Cadusafos Technical Material” and figure “2903.6900” omitted by Finance Act, 2017
869
The words “ingredients for pesticides” and the figure “2918.9010” omitted by Finance Act, 2017
179
Sales Tax Act, 1990
870
The words “ingredients for pesticides” and the figure “2919.0010” omitted by Finance Act, 2017
871
The words “other ingredients for pesticides” and the figure “2919.0090” omitted by Finance Act, 2017
872
The words “Tiethanolamine and its salts” and the figure “2922.1300” omitted by Finance Act, 2017
873
The words “ingredients for pesticides” and the figure “2924.2930” omitted by Finance Act, 2017
180
Sales Tax Act, 1990
874
For expression, words “respective headings” substituted by Finance Act, 2022.
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.
181
Sales Tax Act, 1990
878
For expression, words “respective headings” substituted by Finance Act, 2022.
879
Substituted for the figure “2939.9910” by Finance Act, 2017
880
For expression, words “respective headings” substituted by Finance Act, 2022.
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.
182
Sales Tax Act, 1990
885
For expression, words “respective headings” substituted by Finance Act, 2022.
886
Substituted for the figure “3824.9099” by Finance Act, 2017
887
New entries inserted by Finance Act, 2021.
888
Serial number(s) 134 to 136 omitted by Finance (Supplementary) Act, 2022.
889
S.No. 137 and entries relating thereto substituted by Finance Act, 2022.
890
Serial number(s) 138 to 142 omitted by Finance (Supplementary) Act, 2022.
183
Sales Tax Act, 1990
184
Sales Tax Act, 1990
185
Sales Tax Act, 1990
186
Sales Tax Act, 1990
187
Sales Tax Act, 1990
891
Serial number 146 omitted by Finance (Supplementary) Act, 2022.
188
Sales Tax Act, 1990
189
Sales Tax Act, 1990
892
Serial number 149 and 150 omitted by Finance (Supplementary) Act, 2022.
893
New serial numbers 151 to 153 and entries relating thereto in column (2) and (3) inserted through Finance
Act, 2019.
894
Expression substituted by Finance Act, 2024.
895
Words substituted by Finance Act, 2024.
190
Sales Tax Act, 1990
896
Expression substituted by Finance Act, 2024.
897
Expression substituted by Finance Act, 2024.
898
Serial number 153 omitted by Finance Act, 2021.
191
Sales Tax Act, 1990
899
New serial numbers 154 to 156 inserted by Finance Act, 2020.
900
Serial number 155 omitted by Finance (Supplementary) Act, 2022.
901
Serial number 156 substituted by Finance (Supplementary) Act, 2022.
902
New serial numbers 157 to 162 inserted by Finance Act, 2021.
192
Sales Tax Act, 1990
903
Serial number 158 omitted by Finance (Supplementary) Act, 2022.
904
Serial numbers 159 & 160 omitted by Finance Act, 2023
905
New serial number(s) 163 to 174 added by Finance Act, 2022.
193
Sales Tax Act, 1990
194
Sales Tax Act, 1990
195
Sales Tax Act, 1990
908
Serial number(s) 175 to 180 inserted by Finance Act, 2024.
196
Sales Tax Act, 1990
197
Sales Tax Act, 1990
909
[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
909
Annexure-I inserted through Finance Act, 2016.
198
Sales Tax Act, 1990
user I.D. and password obtained under section 155D of the Customs Act,
1969 (IV of 1969).
199
Sales Tax Act, 1990
910
[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.
910
New Annexures A, B, C & D inserted by Finance Act, 2018.
200
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:
201
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
202
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)]
203
Sales Tax Act, 1990
Signature: ________________________
Name and Designation: ________________________
Official Stamp: ________________________
Date: ________________________”]
204
Sales Tax Act, 1990
Table-2
(Local Supplies only)
911
Serial number(s) 1, 2 and 4 omitted by Finance (Supplementary) Act, 2022.
912
S. No. 3 substituted by the Finance Act, 2007
913
Substituted by the Finance Act, 2014
914
S. No. 5 omitted by the Finance Act, 2011
915
Serial number 7 omitted by Finance Act, 2024.
205
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 21 omitted by Finance Act, 2024.
923
Serial number(s) 22, 23 and 33 omitted by Finance (Supplementary) Act, 2022.
924
New serial numbers 26 to 39 inserted by Finance Act, 2021.
925
Expression added by Finance Act, 2023
206
Sales Tax Act, 1990
926
Under serial number(s) 32 and 34 to 37 words omitted by Finance Act, 2023
927
Words substituted by Finance Act, 2022.
928
Serial number 38 omitted by Finance (Supplementary) Act, 2022.
929
Under serial number(s) 39, 41 and 42 words omitted by Finance Act, 2023
207
Sales Tax Act, 1990
1604.1600, 1604.1900,
1604.2010, 1604.2020
and 1604.2090]
930
[40 Live Animals and live poultry Respective headings
41 Meat of bovine animals, Respective headings
sheep, goat and uncooked
poultry meat excluding those
sold 935[***] under a brand
name
42 Fish and crustaceans Respective headings
excluding those sold 935[***]
under a brand name
43 Live plants including bulbs, 0601.1010, 0601.1090,
roots and the like 0601.2000, 0602.1000,
0602.2000, 0602.3000,
0602.4000,
0602.9010 and
0602.9090
44 Cereals other than rice, wheat, Respective headings
wheat and meslin flour
931
[45 Edible vegetables including Respective heading]
roots and tubers whether
fresh, frozen or otherwise
reserved (e.g. in cold storage)
but excluding those bottled or
canned.
46 Edible fruits Respective headings
47 Sugar cane 1212.9300
48 Eggs including eggs for 0407.1100, 0407.1900
hatching 0407.2100 and
0407.2900
930
Serial number(s) 40 to 51 inserted by Finance (Supplementary) Act, 2022.
931
Serial number 45 substituted by Finance Act, 2022.
208
Sales Tax Act, 1990
Notes:--
932
New serial number(s) 52 to 54 added by Finance Act, 2022.
933
New serial number 55 added by Tax Laws (Second Amendment) Ordinance, 2022.
934
New serial number(s) 56 and 57 added by Finance Act, 2024.
209
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.
---------
935
[TABLE-3
(ii) except for S. No. 9, 14, 936[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
935
Inserted by Finance Act, 2014
936
The figure and words inserted through Finance Act, 2017
210
Sales Tax Act, 1990
937
Inserted by Finance Act, 2014.
211
Sales Tax Act, 1990
5. ***] omitted
6. ***] omitted
7. ***] omitted
8. ***] omitted
9. ***] omitted
939
10. ***] omitted
938
Serial number(s) 1 to 9 and 11 omitted by Finance (Supplementary) Act, 2022.
939
Serial number 10 omitted by Finance Act, 2015.
212
Sales Tax Act, 1990
940
Serial number(s) 13 to 15B and 17 omitted by Finance (Supplementary) Act, 2022.
941
S.No. 16 and entries relating thereto omitted by Finance Act, 2015
213
Sales Tax Act, 1990
942
New serial number 20 inserted by Finance Act, 2020.
943
Serial number 21omitted by Finance (Supplementary) Act, 2022.
944
New serial number 22 inserted by Finance Act, 2022.
214
Sales Tax Act, 1990
215
Sales Tax Act, 1990
945[“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 of import)
executive of the importing company)
Custom Duty rate
rate
Quantity imported
Date of CRN/
(applic-able)
Sales Tax
Collectorate
(applicable)
Description
Mach No.
HS Code
Quantity
Mach.
CRN/
UOM
Specs
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.
Signature of Chief Executive, or
the person next in hierarchy duly
authorized by the Chief Executive
216
Sales Tax Act, 1990
Name ______________________
N.I.C. No. __________________________________
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.
(3) (4) (5) (6) (7) (8) (9 (10) (11) (12) (13) (14)
)
946
Inserted by the Finance Act, 2014
217
Sales Tax Act, 1990
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;
(iv) The said exemption shall only be available to a person upon
furnishing proof of having a functional business premises
located within limits of the Border Sustenance Markets; and
947
Table-4 added by Finance Act, 2021.
218
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
15 Small red (Adzuki) beans (Phaseolus 0713.3200
or Vigna angularis)
16 Kidney beans including white beans 0713.3300
219
Sales Tax Act, 1990
220
Sales Tax Act, 1990
221
Sales Tax Act, 1990
948
80 Yogurt [0403.2000]
81 Other (Potatoes) 0701.9000
82 Sweet corn 0710.4000
83 Mixtures of vegetables 0710.9000
84 Fresh (Dates) 0804.1010
85 Dried (Dates) 0804.1020
86 Apricots 0809.1000
222
Sales Tax Act, 1990
223
Sales Tax Act, 1990
224
Sales Tax Act, 1990
The
SEVENTH SCHEDULE
949
[***]
950
[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)
951
[1. ***] omitted
952
[2. ***] omitted
953
[3. ***] omitted
954
[4. ***] omitted
[5. ***] omitted
6. ***] omitted
7. ***] omitted
8. ***] omitted
9. ***] omitted
949
The seventh schedule omitted by the Finance Act, 1997
950
The eighth schedule inserted by the Finance Act, 2014
951
Serial numbers 1 and 5 omitted by Finance Act, 2021.
952
Serial number 2 omitted by Finance Act, 2020.
953
S. No. 3 and entries relating thereto omitted by Finance Act, 2015
954
Serial number(s) 4 and 6 to 12 omitted by Finance (Supplementary) Act, 2022.
225
Sales Tax Act, 1990
955
Serial number(s) 13 to 17, 20, 26 to 30 and 34 omitted by Finance (Supplementary) Act, 2022.
956
Serial number 18 and entries relating thereto is omitted through Finance Act, 2019.
957
Serial number 19 omitted by Finance Act, 2021.
958
Serial number 21 and entries relating thereto is omitted through Finance Act, 2019.
959
Serial number 22 omitted by Finance Act, 2021.
960
Serial number 25 omitted by Finance Act, 2022.
961
Serial number 31 omitted through Finance Act, 2016.
962
Serial number 32 and entries relating thereto is omitted through Finance Act, 2019.
226
Sales Tax Act, 1990
963
S.No(s) 33 & 35 to 42 omitted by Finance Act, 2018.
964
For the figure “10” the figure “5” substituted through Finance Act, 2018.
965
Serial number(s) 45 and 46 omitted by Finance (Supplementary) Act, 2022
966 Expression substituted by Finance Act, 2022.
967
Expression substituted by Finance (Supplementary) Act, 2023.
968
S.No(s) 48 & 49 omitted by Finance Act, 2018.
969
S.No(s) 50 to 51 omitted by Finance Act, 2021.
970
Serial number 52 omitted by Finance Act, 2022.
227
Sales Tax Act, 1990
228
Sales Tax Act, 1990
971
Words substituted by Finance Act, 2022.
972
Serial number(s) 54, 55, 59 and 61 to 64 omitted by Finance (Supplementary) Act, 2022
973
Expression substituted by Finance (Supplementary) Act, 2023.
974
The figure substituted by Finance Act, 2022.
975
The figure substituted by Finance Act, 2022.
976
S.No. 58 omitted by Finance Act, 2024.
977
Serial number 60 “Fat filled Milk” omitted by Finance Act, 2022.
978
Serial numbers 65 and 67 omitted by Finance Act, 2021.
229
Sales Tax Act, 1990
979
S.No. 66 omitted by Finance Act, 2024.
980
Serial number(s) 66A, 66B and 68, 69 omitted by Finance (Supplementary) Act, 2022
981
Serial number 70 substituted by Finance (Supplementary) Act, 2022
982
New serial numbers 71 to 74 inserted by Finance Act, 2021.
230
Sales Tax Act, 1990
983
Expression substituted by Finance (Supplementary) Act, 2022.
984
Serial number 73 substituted by Finance (Supplementary) Act, 2022
985
Expression inserted by Finance Act, 2024.
986
Serial number 75 omitted by Finance Act, 2022.
987
Serial number 76 omitted by Finance (Supplementary) Act, 2022
231
Sales Tax Act, 1990
988
[77 Imported personal 8471.3020 10%
computers and and
Laptop computers, 8471.3010
notebooks whether
or not incorporating
multimedia kit
989
[78 Supply of locally 71.13 3% No input tax shall be
. manufactured 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 buses Respective 1%
of 25 seats or more heading
in CBU condition
990[81
Substances Respective 1% Subject to the
. registered as drugs heading conditions that:
under the Drugs (i) Tax charged and
Act, 1976 (XXXI of deposited by the
1976) manufacturer or
991
[***]omitted importer, as the case
may be, shall be
final discharge of tax
in the supply chain
(ii) No input tax
shall be adjusted in
the supply chain.
988
Serial number 77 substituted by Finance Act, 2024.
989
New serial number(s) 78 to 82 added by Finance Act, 2022
990
Serial numbers 81 & 82 substituted by Finance Act, 2023
991
Expression omitted by Finance Act, 2024.
232
Sales Tax Act, 1990
992
New serial number added by Finance Act, 2023
233
Sales Tax Act, 1990
993
84 (ii) Writing, 3215.9010
. drawing and and
marking inks 3215.9090
(iii) Erasers 4016.9210
and
4016.9290
(iv) Pencil 8214.1000
sharpeners
(v) other drawing, 9017.2000
marking out or
10%
mathematical
calculating
instruments
(geometry box)
(vi) Pens, ball pens, 96.08
markers and porous
tipped pens
(vii) Pencils 96.09
including color
pencils
85. Oil cake and other 2306.1000 10%
solid residue
86. Tractors 8701.9220 10%
and
8701.9320
87. Local supply of Respective 10%
vermicillies, sheer headings
mal, bun and rusk
excluding those
sold in bakeries,
and sweet shops
falling in the
category of Tier-1
retailers.
88. Local supply of 2306.3000, 10%
poultry feed, cattle 2306.4900
993
Serial number(s) 84 to 88 inserted by Finance Act, 2024.
234
Sales Tax Act, 1990
994[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)
994
Table -2 omitted by Finance (Supplementary) Act, 2022.
235
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)
)
236
Sales Tax Act, 1990
[The
995
NINTH SCHEDULE
[See sub-section (3B) of section 3]
996
[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
997[Provided
that the provisions of Table-I shall not be applicable
from 1st July, 2020 onwards.
995
The Ninth Schedule added by the Finance Act, 2015
996 Table-I, Table-II and conditions substituted by Finance Act, 2020.
997 Proviso and Explanation to Table-1 inserted by Finance Act, 2021.
237
Sales Tax Act, 1990
998[Table-II
[(i) The liability to pay the tax on the goods specified in this Schedule
shall be–
998
Table-II substituted by Finance Act, 2024.
238
Sales Tax Act, 1990
(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;
999
[(iii), (iv) and (v).]
1000[The
TENTH SCHEDULE
[See sub-section (1B) of section 3]
1001
[(1)]The tax on bricks, falling in PCT heading 1002[6901.0000],
shall be paid on fixed basis, 1003[ ] at the rates specified in Table
below:–
999
Clauses (iii), (iv) and (v) under Table-II omitted by Finance Act, 2024.
1000
The new Tenth Schedule, the Eleventh Schedule and the Twelfth Schedule added through Finance Act, 2019.
1001
Existing paragraph renumbered as paragraph (1) by Finance Act, 2020.
1002
PCT heading “6901.1000” substituted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020
1003
Expression “on monthly return,” Omitted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020
239
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
240
Sales Tax Act, 1990
1004
[(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.]
1004
New paragraph (2) and its Table along with Note inserted by Finance Act, 2020.
241
Sales Tax Act, 1990
1005[The
ELEVENTH SCHEDULE
[See sub-section (7) of section 3]
TABLE
The rates for withholding or deduction by the withholding agents 1006[are specified
as below provided that withholding of tax under this Schedule shall not be
applicable to the goods and supplies specified vide clauses 1007[***] after the
Table]
1005
Eleventh Schedule inserted by Finance Act, 2019.
1006
The expression substituted by Finance Act, 2020.
1007 Expression omitted by Finance Act, 2022.
1008
Words substituted by Finance Act, 2020.
1009
Words added by Finance Act, 2022.
242
Sales Tax Act, 1990
1010
New serial numbers 7 and 8 inserted by Finance Act, 2021.
1011
Words added by Finance Act, 2022.
1012
Expression substituted by Finance Act, 2024.
243
Sales Tax Act, 1990
1013
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.]
1014
9 Registered persons Persons 80% of the sales tax
. manufacturing cement supplying applicable
any kind of
gypsum
under
chapter 25
(PCT
headings
2520.1010,
2520.1020,
2521.0000)
or limestone
flux under
chapter 25
(PCT
headings
2520.1010,
2520.1020,
2521.0000)
10. Registered persons Persons 80% of the sales tax
supplying applicable
any kind of
coal under
chapter 27
(PCT
headings
2701.1100,
2701.1200,
2701.1900,
1013
Expression substituted by Finance Act, 2022.
1014
New serial number(s) 9 to 13 inserted by Finance Act, 2024.
244
Sales Tax Act, 1990
2701.2000,
2704.0010,
2704.0020,
2704.0090)
245
Sales Tax Act, 1990
(vi) Goods specified in the Third Schedule to the Sales Tax Act,
1990;
1015
Clause (viii) substituted by Finance Act, 2024.
1016
New clause (ix) inserted by Finance Act, 2020.
246
Sales Tax Act, 1990
1017[The
TWELFTH SCHEDULE
[See sub-section (2) of section 7A]
TABLE
(2) The value addition tax under this Schedule shall not be charged
on,—
1018
[(i) Raw materials and intermediary goods imported by a
manufacturer for in-house consumption 1019[excluding
compressor scrap (PCT heading 7204.4940), motor scrap
(PCT heading 7204.4990) and copper cable cutting scrap
(PCT heading 7404.0090)]
1017
Twelfth Schedule inserted by Finance Act, 2019.
1018
Clause (i) substituted by Finance Act, 2020.
1019
Expression added by Finance Act, 2022.
247
Sales Tax Act, 1990
1020
Expression inserted by Finance Act, 2024.
1021
The word “and” omitted through Tax Laws (Amendment) Act, 2020, dated 30-3-2020
1022
Clause (ix) inserted vide SRO 1321(I)/2019 dated 08 th November, 2019.
1023
The word “and” inserted by Tax Laws (Amendment) Act, 2020, dated 30-3-2020.
1024
Clause “(x)” inserted by Tax Laws (Amendment) Act, 2020, dated 30-3-2020
1025
New clauses inserted by Finance Act, 2021.
248
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
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.
1026
[“(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.]
1027[THIRTEENTH SCHEDULE”
(Minimum Production)
[See sub-section (9AA) of section 3]
Minimum production of steel products.—
Table
1026
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.”
1027
New Thirteenth Schedule inserted by Finance Act, 2021.
249
Sales Tax Act, 1990
(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;
250
Sales Tax Act, 1990
*********
PCPPI—4310(19) FBR—19-09-2019—2000.
251