Category: Exclusive

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  • Sales Tax Act 1990: Invoice issued by suspended taxpayers not to be entertained for refund, input adjustment

    Sales Tax Act 1990: Invoice issued by suspended taxpayers not to be entertained for refund, input adjustment

    KARACHI: Any invoice issued by a person, who is suspended or black listed by tax authorities, may not be acceptable for refund claim or input adjustment by another registered person.

    According to updated Sales Tax Act, 1990 issued by Federal Board of Revenue (FBR), the Section 21 of the Act explained the de-registration, blacklisting and suspension of sales tax registration.

    Section 21: De-registration, blacklisting and suspension of registration.

    Sub-Section (1): The Board (FBR) 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.

    Sub-Section (2): Notwithstanding anything contained in this Act, in cases where the Commissioner is satisfied that a registered person is found to have issued fake invoices or has otherwise committed tax fraud, he may blacklist such person or suspend his registration in accordance with such procedure as the Board may by notification in the official Gazette, prescribe.

    Sub-Section (3): During the period of suspension of registration, the invoices issued by such person shall not be entertained for the purposes of sales Tax refund or input tax credit, and once such person is black listed, the refund or input tax credit claimed against the invoices issued by him, whether prior or after such black listing, shall be rejected through a self-speaking appealable order and after affording an opportunity of being heard to such person.

    Sub-Section (4): Notwithstanding anything contained in this Act, where the Board, the concerned Commissioner or any officer authorized by the Board in this behalf has reasons to believe that a registered person is engaged in issuing fake or flying invoices, claiming fraudulent input tax or refunds, does not physically exist or conduct actual business, or is committing any other fraudulent activity, the Board, concerned Commissioner or such Officer may after recording reasons in writing, block the refunds or input tax adjustments of such person and direct the concerned Commissioner having jurisdiction for further investigation and appropriate legal action.

  • FBR may redefine motor vehicle for withholding tax collection

    FBR may redefine motor vehicle for withholding tax collection

    KARACHI: Federal Board of Revenue (FBR) to recommend the government to redefine withholding tax on motor vehicles to bring construction and heavy vehicles into tax net.

    The FBR sources said that the FBR may propose amendment to Section 231B(7) of Income Tax Ordinance, 2001.

    This section presently defined motor vehicle, including car, jeep, van, sports, utility vehicle, pick up trucks for private use, caravan automobile, limousine, wagon and any other automobile used for private purpose.

    The proposed amendment to section is:

    “Motor vehicle includes car ,jeep, van, sports, utility vehicle, pick up trucks for private use, caravan automobile , limousine , wagon and any other automobile used for private purpose, any mechanically propelled vehicle adapted for use upon roads whether the powers of propulsion in transmitted thereto from an external or internal source, and includes a chassis to which a body has not been attached, a tractor and a trailer, a combined harvester, a rig, a fork lifter a road roller, construction and earth moving machinery such as a wheel loader, a crane, an excavator, a grader, a dozer and a pipe layer, a road making and road/sewerage cleaning plant and any other motor vehicle as defined under provincial Motor Vehicles Ordinance 1965 and any other law.”

  • Sales Tax Act 1990: persons required to get registration

    Sales Tax Act 1990: persons required to get registration

    KARACHI: All the persons engaged in making taxable supplies are required to get sales tax registration.

    According to updated Sales Tax Act, 1990 issued by Federal Board of Revenue (FBR), the Section 14 of the Act, explained the requirement of registration.

    Section 14: Registration

    Sub-Section (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:-

    (a) a manufacturer who is not running a cottage industry;

    (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;

    (e) a wholesaler, dealer or distributor; and

    (f) a person who is required, under any other Federal law or Provincial law, to be registered for the purpose of any duty or tax collected or paid as if it were a levy of sales tax to be collected under the Act.

    Sub-Section (2): Persons not engaged in making of taxable supplies in Pakistan, if required to be registered for making imports or exports, or under any provisions of the Act, or any other Federal law, may apply for registration.

    Sub-Section (3): The registration under this Act shall be regulated in such manner as the Board may, by notification in the official Gazette, prescribe.

  • Amnesty shows 91pc assets declarants are registered

    Amnesty shows 91pc assets declarants are registered

    ISLAMABAD: The Amnesty Scheme 2018 has shown the 91 percent tax dodgers, who availed the scheme for declaring undisclosed foreign assets were registered with tax department.

    According to presentation of the finance ministry on the previous tax amnesty scheme, the analysis showed around 6,195 persons availed the scheme to declare foreign assets.

    It revealed that out of total declarants of foreign assets around 5,625 were already income tax return filers and registered with the Federal Board of Revenue (FBR).

    Only 570 declarants of foreign assets were those who had file their returns for the first time.

    In the last scheme black money/undeclared assets of around Rs1,060 billion was whitened out of that declaration the FBR got only Rs47 billion as tax revenue. The average tax rate to document the undisclosed foreign assets was 4.43 percent.

    Only Rs6.42 billion worth foreign assets were repatriated under the amnesty scheme. While another Rs3.34 billion was investment into the government securities availing the amnesty scheme.

    The finance ministry said that amnesty scheme 2018 for undisclosed foreign assets was mostly availed by filers.

    Foreign amnesty scheme declaration showed 25 percent declarations in immovable properties mainly in UAE, UK and Canada.

    It also revealed that people preferred to keep money outside Pakistan.

    The documentation of domestic assets/cash declared under the amnesty scheme 2018 was stood at Rs1,503 billion by 76,952 persons. The FBR received an amount of Rs75 billion as tax revenue.

    Interestingly, the quantum of black money invested in prize bonds and cash was 65 percent out of domestic assets that was whitened under the amnesty scheme.

    The analysis showed that local scheme was primarily used for money whitening. It is further identified that amnesty did not lead to higher number of tax payments for return for return of tax year 2018.

    It said that undisclosed properties and bank accounts still remain largely undisclosed.

  • RTO Karachi recommends revival of minimum tax for commercial importers in budget 2019/2020

    RTO Karachi recommends revival of minimum tax for commercial importers in budget 2019/2020

    KARACHI: Regional Tax Office (RTO) – II Karachi has recommended revival of minimum tax regime for commercial importers in the budget 2019/2020.

    According to budget proposals sent to Federal Board of Revenue (FBR), the RTO-II Karachi recommended that Final Tax Regime for commercial importers should be withdrawn as it was creating distortion in the taxation system.

    Sources said the FBR had been asked that the scope of Minimum Tax Regime (MTR) should be extended to commercial importers under Section 148 of the Income Tax Ordinance 2001 and for of goods under Section 153(I) and execution of contracts under section 153(1)(c) and Section 233 of the ordinance.

    The RTO-II said that presently, the entire FTR sector, especially the commercial importers (by paying more six percent of tax), are at liberty to declare imputable income of their choice to explain assets or expenses.

    This provision would bring them at par with other taxpayers, who do not enjoy this luxury, the FBR informed.

    The RTO-II Karachi proposed concept of imputable income from FTR receipts: Section 169(4) which was ommitted through Finance Act 2004 may be re-incorporated in law.

    This proposals should be made part of the budget in order to discourage those taxpayers who take undue benefit of provisions of law related to final tax regime and whiten those assets / incomes as well which are not from FTR recipts.

  • Sales Tax Act 1990: exemption on domestic supplies, imports

    Sales Tax Act 1990: exemption on domestic supplies, imports

    KARACHI: The government has allowed exemption on supply of goods and import of goods falling in the Sixth Schedule of Sales Tax Act, 1990.

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  • FBR announces major reshuffle; transfers 41 customs officers of BS-17-18

    FBR announces major reshuffle; transfers 41 customs officers of BS-17-18

    ISLAMABAD: Federal Board of Revenue (FBR) on Friday announced major reshuffle in Pakistan Customs Service (PCS) and transferred and posted 41 officers of BS17 and BS-18 with immediate effect and until further order.

    The FBR notified transfers and postings of following officers:

    01. Ms. Tayyaba Bukhari (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Lahore from the post of Deputy Director, Directorate of Input Output Coefficient Organization (North), Lahore.

    02. Khaldun Ul Haq (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate, Gilgit-Baltistan from the post of Deputy Director, Directorate General of Intelligence & Investigation, FBR, Islamabad.

    03. Mohammad Rehan Akram (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Lahore from the post of Deputy Director, Directorate of Reforms and Automation (Customs), Karachi.

    04. Muhammad Azam (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Director, Directorate General of Transit Trade, Karachi from the post of Deputy Director, Directorate of Intelligence & Investigation-FBR, Quetta.

    05. Ms. Nazia Saleem (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate, Islamabad from the post of Deputy Collector, Model Customs Collectorate of Appraisement, Lahore.

    06. Wahaj Saghir (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate, Gilgit-Baltistan from the post of Deputy Director, Directorate General of Transit Trade, Karachi.

    07. Asfand Yar Khan (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Director, Strategic Control Division, Ministry of Foreign Affairs, Islamabad from the post of Deputy Collector, Model Customs Collectorate, Gilgit-Baltistan

    08. Abdul Qudoos (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Preventive, Quetta from the post of Deputy Director, Directorate General of Customs Valuation, Karachi.

    09. Ms. Sadia Usman (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Director, Directorate of Intelligence & Investigation,FBR, Rawalpindi from the post of Deputy Collector, Model Customs Collectorate, Islamabad

    10. Tariq Mashkoor (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Exports (Port Muhammad Bin Qasim), Karachi from the post of Deputy Director, Directorate of Input Output Coefficient Organization (South), Karachi.

    11. Nawabzada Kamran Khan Jogezai (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Director, (OPS) Directorate General of Post Clearance Audit, Islamabad from the post of Deputy Director, (OPS) Directorate General of Internal Audit (Customs), Islamabad.

    12. Ms. Maryam Khalid (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate, Islamabad from the post of Deputy Director, (OPS) Strategic Control Division, Ministry of Foreign Affairs, Islamabad.

    13. Ghulam Muhammad (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Director, (OPS) Directorate General of Customs Valuation, Karachi from the post of Deputy Collector, (OPS) Model Customs Collectorate of Exports (Port Muhammad Bin Qasim), Karachi.

    14. Malik Muhammad Ahmed (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate, Gwadar from the post of Assistant Collector, Model Customs Collectorate of Port Muhammad Bin Qasim, Karachi.

    15. Muhammad Ibrahim (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Quetta from the post of Deputy Collector, Model Customs Collectorate, Quetta.

    16. Asim Rehman (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Preventive, Quetta from the post of Deputy Collector, Model Customs Collectorate, Quetta.

    17. Muhammad Faisal (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, MCC of JIAP, Karachi from the post of Deputy Collector, Model Customs Collectorate of Preventive, Karachi.

    18. Junaid Mahmood (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Quetta from the post of Deputy Collector, Model Customs Collectorate, Quetta.

    19. Dr. Tahir Iqbal Khattak (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, Model Customs Collectorate of Appraisement, Peshawar from the post of Deputy Collector, Model Customs Collectorate, Peshawar.

    20. Imran Afzal (Pakistan Customs Service/BS-18) has been transferred and posted as Deputy Collector, MCC of JIAP, Karachi from the post of Deputy Collector, Model Customs Collectorate of Preventive, Karachi.

    21. Maqbool Ahmad (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Collector, (OPS) Model Customs Collectorate of Appraisement, Quetta from the post of Deputy Collector, (OPS) Model Customs Collectorate, Quetta.

    22. Najeeb Arjumand (Pakistan Customs Service/BS-17) has been transferred and posted as Deputy Collector, (OPS) Model Customs Collectorate of Preventive, Peshawar from the post of Deputy Collector, (OPS) Model Customs Collectorate, Peshawar.

    23. Waseem Feroz (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, MCC of JIAP, Karachi from the post of Assistant Collector, Model Customs Collectorate of Preventive, Karachi.

    24. Shah Faisal (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate of Preventive, Quetta from the post of Assistant Collector, Model Customs Collectorate, Quetta.

    25. Syeda Sadaf Ali Shah (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate of Appraisement, Peshawar from the post of Assistant Collector, Model Customs Collectorate, Peshawar.

    26. Asma Javed Paracha (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector (Prob), Model Customs Collectorate of Appraisement, Peshawar from the post of Assistant Collector (Prob), Model Customs Collectorate, Peshawar.

    27. Akmal Shahzad (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector, Model Customs Collectorate of Appraisement, Quetta from the post of Assistant Collector, Model Customs Collectorate, Quetta.

    28. Sajid Khan (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector (Prob), Model Customs Collectorate of Preventive, Peshawar from the post of Assistant Collector (Prob), Model Customs Collectorate, Peshawar.

    29. Rana Umair Arshad (Pakistan Customs Service/BS-17) has been transferred and posted as Assistant Collector (Prob), Model Customs Collectorate of Preventive, Quetta from the post of Assistant Collector (Prob), Model Customs Collectorate, Quetta.

    30. Nadeem Ahmed (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate General of Customs Valuation, Karachi from the post of Superintendent, Large Taxpayers Unit, Karachi.

    31. Mumtaz Khan (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Intelligence & Investigation, FBR, Peshawar from the post of Superintendent, Model Customs Collectorate, Peshawar.

    32. Muhammad Nazarul Hassan (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Input Output Coefficient Organization (South), Karachi from the post of Superintendent, Large Taxpayers Unit, Karachi.

    33. Muhammad Zahid Khan (SuperintendentC/BS-17) on promotion Assistant Director, Directorate of Transit Trade, Peshawar from the post of Superintendent, Model Customs Collectorate, Peshawar.

    34. Muhammad Javed Mehmood (SuperintendentC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of IPR Enforcement (Central), Lahore from the post of Superintendent, Model Customs Collectorate, Faisalabad.

    35. Muzaffar Ali Rizvi (PAC/BS-17) on promotion has been transferred and posted as Assistant Collector, Model Customs Collectorate of Port Muhammad Bin Qasim, Karachi from the post of Principal Appraiser, Model Customs Collectorate of Appraisement (East), Karachi.

    36. Israr Hussain (PAC/BS-17) on promotion has been transferred and posted as Assistant Collector, Model Customs Collectorate, Islamabad from the post of Principal Appraiser, Model Customs Collectorate, Islamabad.

    37. Syed Shahid Hussain Rizvi (PAC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate General of Transit Trade, Karachi from the post of Principal Appraiser, Model Customs Collectorate, Gwadar.

    38. Riaz Hussain Bhatti (PAC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Post Clearance Audit, Lahore from the post of Principal Appraiser, Model Customs Collectorate of Appraisement, Lahore.

    39. Saleem Yosuf (PAC/BS-17) on promotion has been transferred and posted as Assistant Collector, Model Customs Collectorate of Exports, Custom House, Karachi from the post of Principal Appraiser, Directorate of Intelligence & Investigation, FBR, Karachi.

    40. Ishtiaq Ahmed (PAC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of IPR Enforcement (North), Islamabad from the post of Principal Appraiser, Model Customs Collectorate, Islamabad.

    41. Muhammad Saleem (SPSC/BS-17) on promotion has been transferred and posted as Assistant Director, Directorate of Internal Audit (Customs), Karachi from the post of SPS, Model Customs Collectorate of Preventive, Karachi.

    The FBR said that the officers who are drawing performance allowance prior to issuance of this notification shall continue to draw this allowance on the new place of posting.


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  • Main features of Amnesty Scheme 2019

    Main features of Amnesty Scheme 2019

    KARACHI: The government may launch a new tax amnesty scheme 2019 on April 15 for allowing undeclared local and domestic assets to become part of documented economy.

    The main features of the draft amnesty scheme, included:

    – Benami assets

    – Sales Tax and Federal Excise Duty

    – mandatory return filing

    – allowing balance sheet revision

    – litigation cases would also be allowed

    – amnesty to banking transaction will require cash to be put in bank accounts

    – there will be limit on gold declaration

    – Bank credits in last five years included

    – the amnesty will have higher valuation

    – this amnesty will have higher rates.

    The draft of amnesty scheme also explained persons qualified:

    According to it all companies and individuals except: holders of public office since January 01, 2000, their spouses, children, brothers and sister or lineal ascendant or descendant.

    Proceeds derived for commission of a criminal offence would be excluded for amnesty.

    Cases pending before a court of law would be allowed with the exception of older pending litigation.

  • Sales Tax Act 1990: recovery of short payment without notice

    Sales Tax Act 1990: recovery of short payment without notice

    KARACHI: The sales tax law authorized tax authorities to recover short paid amount without issuing notice.

    According to updated Sales Tax Act, 1990 issued by Federal Board of Revenue (FBR), the Section 11A of the Act explained the authority of tax officials in recovery of short paid amount.

    Section 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:

    Provided that no penalty under Section 33 of this Act shall be imposed unless a show cause notice is given to such person.

    Section 11B: Assessment giving effect to an order

    Sub-Section (1): Except where sub-section (2) applies, where, in consequence of, or to give effect to, any finding or direction in any order made under Chapter-VIII by the Commissioner (Appeals), Appellate Tribunal, High Court or Supreme Court an order of assessment of tax is to be issued to any registered person, the Commissioner or an officer of Inland Revenue empowered in this behalf shall issue the order within one year from the end of the financial year in which the order of the Commissioner (Appeals), Appellate Tribunal, High Court or Supreme Court, as the case may be, was served on the Commissioner or officer of Inland Revenue.

    Sub-Section (2): Where, by an order made under Chapter-VIII by the Appellate Tribunal, High Court or Supreme Court, an order of assessment is remanded wholly or partly and the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the case may be, is directed to pass a new order of assessment, the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the case may be, shall pass the new order within one year from the end of the financial year in which the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the case may be, is served with the order:

    Provided that limitation under this sub-section shall not apply, if an appeal or reference has been preferred against the order passed by Appellate Tribunal or a High Court.

  • Sales Tax Act 1990: Recovery of amount erroneously refunded

    Sales Tax Act 1990: Recovery of amount erroneously refunded

    KARACHI: The officers of Inland Revenue have been authorized for recovery of refunded amount erroneously issued to taxpayer along with penalties and default surcharge.

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