Section 49A of Sales Tax Act, 1990 has defined commissioner’s power to notify liquidator of company.
The Federal Board of Revenue (FBR) issued the Sales Tax Act, 1990 updated up to June 30, 2021. The Act incorporated amendments brought through Finance Act, 2021.
Following is the text of section 49A of the Sales Tax Act, 1990:
49A. Liquidators. – (1) Every person (hereinafter referred to as a “liquidator”) who is –
(a) a liquidator of a company;
(b) a receiver appointed by a Court or appointed out of Court;
(c) a trustee for a bankrupt; or
(d) a mortgagee in possession;
shall, within fourteen days of being appointed or taking possession of an asset in Pakistan, whichever occurs first, give written notice thereof to the Commissioner.
(2) The commissioner shall, within three months of being notified under sub-section (1), notify the liquidator, in writing, of the amount which appears to the Commissioner to be sufficient to provide for any sales tax which is or will become payable by the person whose assets are in the possession of the liquidator.
(3) A liquidator shall not, without leave of the Commissioner. Part with any asset held as liquidator until the liquidator has been notified under sub-section (2).
(4) A liquidator: –
(a) shall set aside, out of the proceeds of sale of any asset by the liquidator, the amount notified by the Commissioner under sub-section (2), or such amount as is subsequently agreed to by the Commissioner: and
(b) shall be liable to the extent of the amount set aside for the Sales tax liability of the person who owned the asset.
(5) A liquidator shall be personally liable to the extent of any amount required to be set-aside under sub-section (4) for the tax referred to in sub-section (2) if, and to the extent that, the liquidator fails to comply with the requirements of this section.
(6) Where the proceeds of sale of any asset are less than the amount notified by the 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.
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