Part IV, Second Schedule of Income Tax Ordinance, 2001 has provided exemption from tax under various provisions.
The Federal Board of Revenue (FBR) issued the Income Tax Ordinance, 2001 updated up to June 30, 2021. The Ordinance incorporated amendments brought through Finance Act, 2021.
Following is the text of Part IV, Second Schedule of Income Tax Ordinance, 2001:
Income, or classes of income, or persons or classes of persons, enumerated below, shall be exempt from the operation of such provisions of this Ordinance, subject to such conditions and to the extent, as are specified hereunder:-
(1A) the provision of clause (d) of section 46 shall not apply to Sukuk issued by “The Second Pakistan International Sukuk Company Limited” and the Third Pakistan International Sukuk Company Limited.
(3) The provisions of clause (b) of component C of the formula contained in sub-section (2) of section 61 shall not apply in case of donations made to Agha Khan Hospital and Medical College, Karachi:
(4A) No provision of this Ordinance shall apply for recoup of tax credit already allowed to National Power Parks Management Company (Private) Limited for investment in plant and machinery notwithstanding non issuance of share certificates or any restructuring of its ownership pattern or debt to equity ratio prior to privatization as part of the privatization process.
(5) The provisions of section 111 regarding un-explained income or assets shall not apply in respect of, —
(i) any amount of foreign exchange deposited in a private Foreign Currency account held with an authorized bank in Pakistan in accordance with the Foreign Currency Accounts Scheme introduced by the State Bank of Pakistan:
Provided that the exemption clause shall not be available in respect of any incremental deposits made on or after the 16th day of December, 1999 in such accounts held by a resident person or in respect of any amount deposited in accounts opened on or after the said date by such person.
(ii) any amount invested in the acquisition of Three Years Foreign Currency Bearer Certificates issued under the Foreign Currency Bearer Certificates Rules, 1997.
(iii) rupees withdrawn or assets created out of such withdrawal in rupees from private foreign currency accounts, or encashment of Foreign Exchange Bearer Certificates, US Dollar Bearer Certificates and Foreign Currency Bearer Certificates.
(9AA) Provisions of clause (a) of sub-section (1) of section 153, shall not apply to ship breakers as recipient of payment:
Provided that this clause shall only apply for ships imported after the 1st July 2014.
(11A) The provisions of section 113, regarding minimum tax, shall not apply to,-
(i) National Investment (Unit) Trust or a collective investment scheme authorized or registered under the Non-banking Finance Companies (Establishment and Regulation) Rules, 2003 or a real estate investment trust approved and authorized under the Real Estate Investment Trust “Regulations, 2015”, or a pension fund registered under the Voluntary Pension System Rules, 2005 or any other company in respect of turnover representing transactions in shares, or securities listed on a registered stock exchange;
(ii) petroleum dealers, in so far as they relate to turnover on account of sale of petroleum and petroleum products, notwithstanding their status as a company, a registered firm or an individual, engaged in retail sale of petroleum and petroleum products through petrol pumps for the purposes of assessment of their income and determination of tax thereon:
Provided that this exemption shall not apply to the sale of petroleum and petroleum products through petrol pumps which are directly operated or managed by companies engaged in distribution of petroleum and petroleum products.
Explanation.- For the removal of doubt it is declared that the companies engaged in distribution of petroleum and petroleum products other than through petrol pumps shall not be entitled to the benefits of this exemption;
(iii) Hub Power Company Limited so far as they relate to its receipts on account of sale of electricity;
(v) companies, qualifying for exemption under clause (132) of Part-I of this Schedule, in respect of receipts from sale of electricity;
(vi) Provincial Governments and Local Governments, qualifying for exemption under section 49 and other Government bodies which are otherwise exempt from income tax:
Provided that nothing shall be construed to authorize any refund of tax already paid or the collection of any outstanding demand created under the said section;
(vii) Pakistan Red Crescent Society;
(viii) special purpose, non-profit companies engaged in securitizing the receivables of Provincial Governments;
(xi) a resident person engaged in the business of shipping who qualifies for application of reduced rate of tax on tonnage basis as final tax under clause (21) of Part II of the Second Schedule;
(xii) a venture capital company, venture capital fund and Private Equity and Venture Capital Fund which is exempt under clause (101) of Part-I of this Schedule;
(xiv) Corporate and Industrial Restructuring Corporation (CIRC);
(xvi) a morabaha bank or a financial institution approved by the State Bank of Pakistan or the Securities and Exchange Commission of Pakistan (SECP), as the case may be, for the purpose of Islamic Banking and Finance in respect of turnover under a morabaha arrangement;
(xvii) WAPDA First Sukuk Company Limited “; and”
“(xviii) Pakistan International Sukuk Company Limited.”
“(xix) Second Pakistan International Sukuk Company Limited.”
(xix) LNG Terminal Operators and LNG Terminal Owners.
(xx) taxpayers located in the most affected and moderately affected areas of Khyber Pakhtunkhwa, FATA and PATA for tax year 2010, 2011 and 2012 excluding manufacturers and suppliers of cement, sugar, beverages and cigarettes.
(xxi) Rice Mills for the Tax Year 2015.
(xxii) taxpayers qualifying for exemption under clauses (126I) of Part-I of this Schedule in respect of income from manufacture of equipment with dedicated use for generation of renewable energy.
(xxiii) taxpayers qualifying for exemption under clauses (126J) of Part-I of this Schedule in respect of income from operating warehousing or cold chain facilities for storage of agriculture produce.
(xxiv) taxpayers qualifying for exemption under clauses (126K) of Part-I of this Schedule in respect of income from operating halal meat production, during the period mentioned in clause (126K).
(xxv) taxpayers qualifying for exemption under clauses (126L) of Part-I of this Schedule in respect of income from a manufacturing unit set up in Khyber Pukhtunkhwa Province between 1st day of July, 2015 and 30th day of June, 20181; and
“(xxvi) China Overseas Ports Holding Company Limited, China Overseas Ports Holding Company Pakistan (Private) Limited, Gwadar International Terminal Limited, Gwadar Marine Services Limited and Gwadar Free Zone Company Limited for a period of twenty three years, with effect from the sixth day of February, 2007.”
(xxvii) companies, qualifying for exemption under clause (126M) of Part-I of this Schedule, in respect of profits and gains derived from a transmission line project.”
“(xxviii) Third Pakistan International Sukuk Company Limited.”
(xxx) taxpayers qualifying for exemption under clause (126) of Part-I of this Schedule with effect from the tax year 2014.
(xxxi) National Disaster Risk Management Fund.
(xxxii) Deposit Protection Corporation established under sub-section (1) of section 3 of the Deposit Protection Corporation Act, 2016 (XXXVII of 2016).
(xxxiii) SARMAYA-E-PAKISTAN LIMITED.
(xxxiv) Green field industrial undertaking qualifying for exemption under clause (126O) of Part I of the Second Schedule:
(xxxv) The Prime Minister’s COVID-19 Pandemic Relief Fund-2020;
(xxxvi) the Federal Government Employees Housing Authority and Naya Pakistan Housing and Development Authority for the tax year 2020 and the following four tax years;
(xxxvii) Hajj Group Operators in respect of turnover relating to Hajj operations for the tax year 2021;
(xxxviii) A resident company engaged in hotel business in Pakistan in respect of turnover for the period starting on the first day of April, 2020 and ending on the thirtieth day of September, 2020.
(xxxix) Islamic Naya Pakistan Certificates Company Limited (INPCCL);
(xl) receipts from sale of electricity produced from a bagasse and biomass based cogeneration power project qualifying for exemption under clause (132C) of Part-I of this Schedule;
(xli) National Power Parks Management Company (Private) Limited or demerged entities of National Power Parks Management Company (Private) Limited commencing from the commercial operation dates and continuing after the date of change of ownership as a result of privatization by the Privatization Commission of Pakistan.”;
(xlii) Persons qualifying for exemption under clause (126E) of Part I of this Schedule for tax year 2021 and onwards;
(xliii) Persons qualifying for exemption under clause (126EA) of Part I of this Schedule;
(xliv) Persons mentioned in Table I of clause (66) of Part I of Second Schedule.
(11B) The provisions of section 150 shall not apply in respect of inter-corporate dividend within the group companies entitled to group taxation under section 59AA “subject to the condition that the return of the group has been filed for the latest completed tax year”.
(11C) The provisions of section 151 shall not apply in respect of inter-corporate profit on debt within the group companies entitled to group taxation under section 59AA “subject to the condition that the return of the group has been filed for the latest completed tax year”.
(11D) The provisions of section 113C shall not apply to LNG Terminal Operators and LNG Terminal Owners.”
(11E) The provisions of clause (b) of sub-section (1) of section 153 shall not apply to payments received by Sui Southern Gas Company Limited and Pakistan LNG Terminal Limited from Sui Northern Gas Pipelines Limited on account of re-gasification charges.
(12)
(a) The provisions of clause (l) of section 21 and clause (a) of sub-section (1) of section 153 shall not apply where agricultural produce is purchased directly from the grower of such produce subject to provision of a certificate by the grower to the withholding agent in the following format, namely:—
CERTIFICATE TO BE FILED BY THE GROWER OF AGRICULTURAL PRODUCE
It is certified that I …………………………. Holder of CNIC Number …………………………………… have sold following agricultural produce, namely:
i) name of agricultural produce (wheat, rice, cotton, sugarcane, etc. …………………………………………………..
ii) quantity ………………………………………..
iii) total price ………………………………………
iv) land identification (if any) ……………………
to Mr / M/s ………………………………………. on (date) ……………………. and being the grower / producer of the said agricultural produce and owner of agricultural land area measuring (optional) …………………………… located in ………………………………. I am not liable to any Withholding Income Tax.
Signature / Thumb impression …………………………………..
Name ………………………………………………………………..
CNIC …………………………………………………………………
Address ……………………………………………………………..
Date…………………………….
(b) the provisions of clause (a) of sub-section (1) of section 153 shall not apply only in case of cash payments made for meeting the incidental expenses of a business trip to the crew of oil tanker. This exemption shall not apply in case of any other payments made by owners of oil tankers; and
(12A) The provisions of section 150 shall not apply to dividend paid to Transmission Line Projects under Transmission Line Policy 2015.
(12B) The provisions of section 148 shall not apply to the import of following goods for a period commencing from 20th day of March, 2020 and ending on 30th day of June, 2021.
TABLE
| S. No. | Description | PCT |
| (1) | (2) | (3) |
| 1. | Real-time PCR system (standard 96-well plate and 0.2ml tubes format, 5 channel) | Respective Headings.”; |
| 2. | Biosafety Cabinet | |
| 3. | Auto Clave 50 Liter Capacity | |
| 4. | Multi channel pipette (0.5-10 μl) | |
| 5. | Single channel pipette a) 2 μl b) 10 μl c) 200 μl d) 1000 μl | |
| 6. | Muti channel pipette 20-200 ml | |
| 7. | Vacuum fold | |
| 8. | Micro Centrifuge (Non-refrigerated, Rotor capacity: 12 x 1.5 / 2.0 ml vessels, 2 x PCR strip, Max. speed: 12,100 x g (13,400 rpm)) | Respective Headings.”; |
| 9. | PCR Cabinet (HEPA filter system, UV and white light) | |
| 10 | Real-time PCR kit for the detection of Coronavirus (SARS-CoV-2) | |
| 11 | Viral RNA Extraction Kit and machine (Automatic Extractors) | |
| 12 | VTM (Viral Transport Medium) | |
| 13 | Dr Oligo Synthesizer | |
| 14 | Refrigerator/freezer (-20 ºC) | |
| 15 | Vortex Machine | |
| 16 | Refrigerated Centrifuge Machine (Rotor capacity 1.5ml x 24, max. speed 14000 rpm) | |
| 17 | UPS (6 KVA) | |
| 18 | Tyvek Suits | |
| 19 | N-95 | |
| 20 | Biohazard Bags (18 Liters) | |
| 21 | PAPR (Powdered Air Purifying respirators) | |
| 22 | Multimode ventilator with air compressor | |
| 23 | Vital sign monitor with 2IBPand ETco2 two Temp. | |
| 24 | ICU motorized patient bed with side cabinet and over bed table | |
| 25 | Syringe infusion pump | |
| 26 | Infusion pump | |
| 27 | Electric suction machine | |
| 28 | Defibrillator | |
| 29 | X-Ray Mobile Machine | |
| 30 | Simple Nebulizer | |
| 31 | Ultrasound machine | |
| 32 | Noninvasive BIPAP | |
| 33 | ECG Machine | |
| 34 | Pulse Oximeters | |
| 35 | Ripple mattress | |
| 36 | Blood gas analyzer | |
| 37 | AMBU Bag | |
| 38 | Nitrile Gloves | |
| 39 | Latex Gloves | |
| 40 | Goggles | |
| 41 | Face Shields | |
| 42 | Gum Boots | |
| 43 | Mackintosh bed sheets | |
| 44 | Surgical Masks | |
| 45 | Air Ways | |
| 46 | Diaflow | |
| 47 | Disposible Nebulizer Mask Kit Respective Headings.”; | |
| 48 | ECG Electrodes | |
| 49 | ETT Tube (Endotracheal Tubes) All sizes | |
| 50 | Humidifier Disposable Flexible | |
| 51 | IV Cannula all sizes | |
| 52 | IV Chambers | |
| 53 | Oxygen Recovery Kit | |
| 54 | Padded Sheets | |
| 55 | Stomach Tube | |
| 56 | Stylet for Endotracheal Tube | |
| 57 | Suction Tube control valve | |
| 58 | Tracheostomy Tube 7, 7.5, 8 | |
| 59 | Ventilator Circuit | |
| 60 | Ventury Masks | |
| 61 | Disposable shoes cover (water proof) |
(12C) The provision of section 148 shall not apply to persons importing pulses for a period commencing from the 7th day of April, 2020 and ending on 30th September, 2020.
(12D) The provisions of section 148 shall not apply on the import of finished drug Remdesivir 100 mg injection and injectable solution 100 mg vial for the period starting from the 22nd day of June, 2020 and ending on the date as may be notified by the Board in the official Gazette on recommendation of the National Health Services, Regulation and Coordination Division.
(12E) The provisions of section 148 shall not apply to persons on import of medicines for treatment of life threatening rare diseases not manufactured in Pakistan, subject to the following conditions, namely:—
(i) the import is approved by the Board, through notification in the official Gazette;
(ii) the specification and quantity of medicine is recommended by the National Health Services, Regulation and Coordination Division in a prescribed format on a case to case basis; and
(iii) such medicine is required for the personal use of the importing person or his immediate family member:
Provided that where circumstances exist to take immediate action in emergency situations, the Board may, on recommendation of a provincial health department or a tertiary care hospital of the Federal or Provincial Government, provisionally allow import of such quantity of medicine under this clause which does not exceed sixty days usage.
(12F) The provision of section 148 shall not apply on import of 1.5 million tons of wheat having PCT Heading 1001.1900 and 1001.9900 in pursuance of Cabinet Decision in case No.399/23/2020 dated the 16th June, 2020;
(12G) The provisions of section 148 shall, in pursuance of the Cabinet Decision in case No. 541/30/2020 dated the 4th August, 2020, not apply on import by the Trading Corporation of Pakistan of 300,000 metric tons of white sugar having PCT heading 1701.9910,1701.9920, specification B;
(12H) (a) The provisions of section 148 shall not apply on import of following goods for a period of three months starting from the 23rd of June, 2020, namely:—
| S. No. | Description | PCT Code |
| (1) | (2) | (3) |
| 1. | Oxygen gas | 2804.4000 |
| 2. | Cylinders (for oxygen gas) | 7311.0090 |
| 3. | Cryogenic tanks (for oxygen gas) | 7311.0030 |
(b) the concessions given in this clause shall also apply in respect of the letters of credit opened or goods declaration forms filed on or after the 23rd June, 2020;
(12I) The provisions of section 148 shall not apply on import of 83 X Micron sprayers for Anti-Locust Operation (Respective heading) by National Disaster Management Authority (NDMA).
(12J) The provisions of section 148 shall, in pursuance of the Cabinet Decision in case No. 34/02/2021, dated the 12th January, 2021, not apply on import of three hundred thousand metric tons of wheat through tendering process by the Trading Corporation of Pakistan;
(12K) (a) The provisions of section 148 shall not apply on import of following goods by the manufacturers of oxygen for a period of three months starting from the 25th day of December, 2020, namely:—
| S. No. | Description | PCT Code |
| (1) | (2) | (3) |
| 1. | Cryogenic Tanks (for oxygen Gas) | 7311.0030 |
(b) the concessions given in this clause shall also apply in respect of the letters of credit opened or goods declaration forms filed on or after the 25th day of December, 2020;
(12L) The provisions of section 148 and 153 shall not apply on import and subsequent supply of five hundred thousand metric tons of white sugar imported by the Trading Corporation of Pakistan;
(12M) The provisions of section 148 shall not apply on import of following goods for a period of one hundred and eighty days starting from the 14th day of May, 2021, namely:—
| S. No. | Description | PCT Code |
| (1) | (2) | (3) |
| 1. | – Oxygen | 2804.4000 |
| 2. | – – – Other (Oxygen Cylinders) | 7311.0090 |
| 3. | – – – For Cryogenic (Tanks/Vessels) | 7311.0030 |
| 4. | Oxygen Concentrators/Generators/Manufacturing Plants of all specifications and capacities. | Respective headings. |
(12N) Border sustenance markets—
- The provisions of section 148 shall not apply on the import of goods which takes place within the jurisdiction of Border sustenance markets specified in Table-I below:—
TABLE
| PCT Heading | |||
| 1. | 07011000 | -SEED (Potatoes) | |
| 2. | 07020000 | TOMATOES, FRESH OR CHILLED. | |
| 3. | 07031000 | -ONIONS AND SHALLOTS | |
| 4. | 07032000 | -GARLIC | |
| 5. | 07049000 | -OTHERS which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 6. | 07061000 | -CARROTS AND TURNIPS | |
| 7. | 07070000 | CUCUMBERS AND GHERKINS FRESH OR CHILLED. | |
| 8. | 07081000 | -PEAS (PISUM SATIVUM) | |
| 9. | 07082000 | -BEANS (VIGNA SPP., PHASEOLUS SPP.) | |
| 10. | 07089000 | -OTHER LEGUMINOUS VEGETABLES | |
| 11. | 07131000 | – Peas (Pisum sativum) | |
| 12. | 07132010 | Grams (Dry/Whole) | |
| 13. | 07132090 | —other- which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 14. | 07133100 | — Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek | |
| 15. | 07133200 | — small red (Adzuki) beans (Phaseolus or Vigna angularis) | |
| 16. | 07133300 | Kidney beans including white beans | |
| 17. | 07133400 | — Bambara – vigna subteranea or vaahdzeia subterrea | |
| 18. | 07133500 | – – Cow peas (Vigna unguiculata) | |
| 19. | 07133990 | — Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 20. | 07134010 | – Lentils (Dry Whole) | |
| 21. | 07135000 | – Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor) | |
| 22. | 07136000 | – Pigeon peas (cajanus cajan) | |
| 23. | 07139090 | – Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 24. | 09051000 | Vanilla (Neither crushed nor ground) | |
| 25. | 09061100 | Cinnamon | |
| 26. | 09061900 | Other (Cinnamon And Cinnamon Tree Flowers) | |
| 27. | 09071000 | – – Neither crushed nor ground (Cloves) | |
| 28. | 09072000 | – – Crushed or ground (Cloves) | |
| 29. | 09081100 | – – Neither Crushed nor ground (Nutmeg) | |
| 30. | 09081200 | – – Crushed or ground (Nutmeg) | |
| 31. | 09082100 | – – Neither crushed nor ground (Maze) | |
| 32. | 09082200 | – – Crushed or ground (Maze) | |
| 33. | 09083110 | – – – Large (Cardammoms) | |
| 34. | 09083120 | – – – Small (Cardammoms) | |
| 35. | 09083200 | – – Crushed or ground (Cardammoms) | |
| 36. | 09092100 | – – Neither crushed nor ground (Coriander) | |
| 37. | 09092200 | – – Crushed or ground (Coriander) | |
| 38. | 09093100 | – – Neither crushed nor ground (Seeds of Cumins) | |
| 39. | 09093200 | – – Crushed or ground (Seeds of Cumins) | |
| 40. | 09096100 | – – Neither crushed nor ground (Seeds of Anise, Badian, Caraway, Fennel etc) | |
| 41. | 09096200 | – – Crushed or ground (Seeds of Anise, Badian, Caraway, Fennel etc) | |
| 42. | 09109910 | – – – THYME; BAY LEAVES | |
| 43. | 10031000 | Barley (Seeds) | |
| 44. | 10039000 | Other (Barley) | |
| 45. | 12060000 | Sunflower seeds ,whether or not broken | |
| 46. | 12129200 | Locust beans | |
| 47. | 12130000 | Cereal straws and husks | |
| 48. | 15161000 | Animal Fats and Oil and their fractions | |
| 49. | 15162010 | Vegetable Fats and their fractions | |
| 50. | 15162020 | Vegetable Oils and their fractions | |
| 51. | 82089010 | – – – Knives and cutting blades for paper and paper board | |
| 52. | 04011000 | -OF A FAT CONTENT, BY WEIGHT, NOT EXCEEDING 1 % (Milk and Cream) | |
| 53. | 04012000 | -OF A FAT CONTENT, BY WEIGHT, EXCEEDING 1 % BUT NOT EXCEEDING 6 % (Milk and Cream) | |
| 54. | 04014000 | – Of a fat content, by weight, exceeding 6 % but not exceeding 10% (Milk and Cream) | |
| 55. | 04015000 | – Of a fat content, by weight, exceeding 10 % (Milk and Cream) | |
| 56. | 07039000 | -LEEKS AND OTHER ALLIACEOUS VEGETABLES | |
| 57. | 07041000 | -CAULIFLOWERS AND HEADED BROCCOLI | |
| 58. | 07042000 | -BRUSSELS SPROUTS | |
| 59. | 07051100 | – – CABBAGE LETTUCE (HEAD LETTUCE) | |
| 60. | 07051900 | – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 61. | 07052100 | – – WITLOOF CHICORY (CICHORIUM INTYBUS VAR.FOLIOSUM) | |
| 62. | 07052900 | – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 63. | 07069000 | -OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 64. | 07096000 | Fruits of the genus Capsicum or of the genus Pimenta | |
| 65. | 08042000 | Figs | |
| 66. | 08061000 | -FRESH (Grapes) | |
| 67. | 08062000 | —DRIED (Grapes) | |
| 68. | 08071100 | – – WATERMELONS | |
| 69. | 08071900 | – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 70. | 08081000 | -APPLES | |
| 71. | 09021000 | Green Tea | |
| 72. | 09022000 | Other Green Tea | |
| 73. | 09101200 | – – Crushed or ground (Ginger) | |
| 74. | 09103000 | -TURMERIC (CURCUMA) | |
| 75. | 09109990 | – – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 76. | 17021110 | Lactose (Sugar ) | |
| 77. | 17021120 | – – – Lactose syrup | |
| 78. | 17021900 | – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 79. | 17029020 | – – – CARAMEL | |
| 80. | 23040000 | OIL-CAKE AND OTHER SOLID RESIDUES, WHETHER OR NOT GROUND OR IN THE FORM OF PELLETS, RESULTING FROM THE EXTRACTION OF SOYA BEAN OIL. | |
| 81. | 23099000 | Other (animal feed) | |
| 82. | 52042010 | — FOR Sewing (Thread) | |
| 83. | 52042020 | For embroidery (Thread) | |
| 84. | 82011000 | – Spades and shovels | |
| 85. | 82055900 | Other (Tools for masons, watchmakers, miners and hand tools nes) | |
| 86. | 82083000 | – For kitchen appliances or for machines used by the food industry | |
| 87. | 82089090 | – – – Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 88. | 04031000 | -YOGURT | |
| 89. | 07019000 | Other (Potatoes) | |
| 90. | 07104000 | – Sweet corn | |
| 91. | 07109000 | – Mixtures of vegetables | |
| 92. | 08041010 | Fresh (Dates) | |
| 93. | 08041020 | Dried (Dates) | |
| 94. | 08091000 | -APRICOTS | |
| 95. | 08092100 | – – Sour cherries (Prunus cerasus) | |
| 96. | 08092900 | – – Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 97. | 08093000 | -PEACHES, INCLUDING NECTARINES | |
| 98. | 08094000 | -PLUMS AND SLOES | |
| 99. | 08101000 | Strawberries | |
| 100. | 08105000 | Kiwi Fruit | |
| 101. | 09101100 | – – Neither crushed nor ground (Ginger) | |
| 102. | 10011900 | Other (Durum wheat (excl. seed for sowing)) | |
| 103. | 10019900 | Other (Wheat and meslin (excl. seed for sowing, and durum wheat)) | |
| 104. | 11010010 | Of Wheat (Flour) | |
| 105. | 11010020 | Of Meslin (Flour) | |
| 106. | 19021920 | – – – VERMACELLI | |
| 107. | 19059000 | Other (Packed Cake) | |
| 108. | 20071000 | Homogenised perparations | |
| 109. | 20079100 | Citrus Fruit | |
| 110. | 20079900 | Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 111. | 34013000 | -ORGANIC SURFACE-ACTIVE PRODUCTS AND PREPARATIONS FOR WASHING THE SKIN, IN THE FORM OF LIQUID OR CREAM AND PUT UP FOR RETAIL SALE, WHETHER OR NOT CONTAINING SOAP | |
| 112. | 34022000 | – Preparations put up for retail sale | |
| 113. | 34029000 | —- Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |
| 114. | 69111090 | Others (Tableware and kitchenware of porcelain or china) | |
| 115. | 69119000 | Other (Household articles nes & toilet articles of porcelain or china) | |
| 116. | 70134900 | Other (Glassware for table or kitchen purposes (excl. glass having a linear c) | |
| 117. | 70139900 | Other (Glassware nes (other than that of 70.10 or 70.18)) | |
| 118. | 82159910 | – – – Spoons | |
| 119. | 82159990 | Other (Tableware articles not in sets and not plated with precious meta)l | |
| 120. | 87120000 | Bicycles and other cycles (including delivery tricycles), not motorised. | |
| 121. | 96170010 | – – – Vacuum flasks | |
| 122. | 96170020 | – – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets |
(b) The provisions of section 154 shall not apply to the export of goods which takes place within the jurisdiction of Border sustenance markets specified in Table – II below:—
TABLE II
| Sr.# | PCT Heading | Description | |||
| 1. | 02012000 | Other cuts with bone in (Meat of bovine animals, fresh or chilled) | |||
| 2. | 02013000 | Boneless (Meat of bovine animals, fresh or chilled) | |||
| 3. | 02022000 | Other cuts with bone in (Meat of bovine animals, frozen) | |||
| 4. | 02023000 | Boneless (Meat of bovine animals, frozen) | |||
| 5. | 03021100 | Fish | |||
| 6. | 04090000 | Honey | |||
| 7. | 06022000 | Plants | |||
| 8. | 07011000 | -SEED (Potatoes) | |||
| 9. | 07019000 | Other (Potatoes) | |||
| 10. | 07020000 | TOMATOES, FRESH OR CHILLED. | |||
| 11. | 07031000 | -ONIONS AND SHALLOTS | |||
| 12. | 07032000 | Garlic | |||
| 13. | 07061000 | -CARROTS AND TURNIPS | |||
| 14. | 07069000 | -OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 15. | 07070000 | Cucumbers | |||
| 16. | 07093000 | Egg Plant | |||
| 17. | 07096000 | Fruits of the genus Capsicum or of the genus Pimenta (pepper) | |||
| 18. | 07099900 | Others (Lady Finger) | |||
| 19. | 07101000 | Fresh Potato | |||
| 20. | 07102100 | Pea | |||
| 21. | 07103000 | Spinach | |||
| 22. | 08031000 | – Plantains (Bananas) | |||
| 23. | 08039000 | – Other (Bananas) | |||
| 24. | 08041010 | Fresh (Dates) | |||
| 25. | 08041020 | Dried (Dates) | |||
| 26. | 08045020 | — Mangoes | |||
| 27. | 08052100 | — Mandarins (including tangerines and satsumas) | |||
| 28. | 08052910 | —Kino (fresh) | |||
| 29. | 08061000 | Grapes (Fresh) | |||
| 30. | 08071100 | – – WATERMELONS | |||
| 31. | 08071900 | Melons | |||
| 32. | 08091000 | Apricots | |||
| 33. | 08092900 | Cherries | |||
| 34. | 08093000 | Peaches | |||
| 35. | 08101000 | Strawberries | |||
| 36. | 08109010 | Pomegranates | |||
| 37. | 08109090 | Fresh fruits nes (Other) | |||
| 38. | 08133000 | Apple | |||
| 39. | 09021000 | Green Tea | |||
| 40. | 09022000 | Other green tea | |||
| 41. | 09030000 | Mate. | |||
| 42. | 09042110 | Red Chillies (Whole) | |||
| 43. | 09042190 | — Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 44. | 09042210 | Red Chillies (Powder) | |||
| 45. | 09042290 | — Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 46. | 09051000 | – – Neither crushed nor ground (Vanilla) | |||
| 47. | 09052000 | – – Crushed or ground (Vanilla) | |||
| 48. | 10061010 | – – – SEED FOR SOWING (Rice) | |||
| 49. | 10061090 | – – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 50. | 10062000 | -HUSKED (BROWN) RICE | |||
| 51. | 10063010 | – – – BASMATI (Rice) | |||
| 52. | 10063090 | – – – OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 53. | 10064000 | -BROKEN RICE | |||
| 54. | 11010010 | Flour (of Wheat) | |||
| 55. | 12074000 | – Sesamum seeds | |||
| 56. | 12079900 | Other (hemp Seeds) | |||
| 57. | 12119000 | Ajwain | |||
| 58. | 15162020 | Vegetable Oils and their fractions | |||
| 59. | 19021920 | – – – VERMACELLI | |||
| 60. | 19041090 | Papad | |||
| 61. | 20071000 | – Homogenised preparations | |||
| 62. | 20081900 | –Nimko | |||
| 63. | 21069090 | – – – OTHER (Custard Powder) | |||
| 64. | 23099000 | Other (Animal feed) | |||
| 65. | 25010010 | Table Salt | |||
| 66. | 25010020 | — Rock Salt | |||
| 67. | 25010030 | — Sea Salt | |||
| 68. | 25010090 | — Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 69. | 34060000 | Candles | |||
| 70. | 36050000 | Safety Match | |||
| 71. | 39264090 | -OTHER (Plastic Articles) | |||
| 72. | 53101000 | Woven fabrics of jute or of other textile bast fibres, unbleached | |||
| 73. | 53109010 | – – – Jute (hessian cloth) | |||
| 74. | 56074100 | – – Binder or baler twine | |||
| 75. | 56074900 | – – Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 76. | 56075000 | – Of other synthetic fibres | |||
| 77. | 58021100 | — Unbleached (Terry toweling in similar woven terry fabrics, of cotton) | |||
| 78. | 58021900 | — Other (Terry toweling In similar woven Terry fabrics, OF cotton) | |||
| 79. | 58022000 | – Terry towelling and similar woven terry fabrics, of other textile materials | |||
| 80. | 58023000 | – Tufted textile fabrics | |||
| 81. | 58043000 | – Hand made lace | |||
| 82. | 58050000 | Hand-woven tapestries of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up. | |||
| 83. | 58064000 | – Fabrics consisting of warp without weft assembled by means of an adhesive (bolducs) | |||
| 84. | 59011000 | – Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like | |||
| 85. | 61119000 | Mix Goods/Garments (Babies garments&clothg accessories) | |||
| 86. | 62031990 | —OTHER (Men or Boys Suits etc) | |||
| 87. | 62042200 | – – Of cotton | |||
| 88. | 62042900 | – – Of other textile materials | |||
| 89. | 62043900 | – – Of other textile materials | |||
| 90. | 62044210 | – – – Shisha embroidered dresses | |||
| 91. | 62129000 | -OTHER which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets | |||
| 92. | 63021090 | -OTHER (Bed linen, Toilet linen etc) | |||
| 93. | 63051000 | Jute Bags (of jute or of other textile bast fibres of heading 53.03) | |||
| 94. | 63052000 | Sacks and bags, for packing of goods, of cotton | |||
| 95. | 63090000 | Worn clothing and other worn articles | |||
| 96. | 69111090 | Other (Tableware and kitchenware of porcelain or china) | |||
| 97. | 69119000 | Others (Household articles nes & toilet articles of porcelain or china) | |||
| 98. | 70133700 | Drinking glasses (excl. glasses of glass ceramics or of lead crystal a | |||
| 99. | 73181690 | Nuts, iron or steel, nes (Others) | |||
| 100. | 82055900 | Tools for masons, watchmakers, miners and hand tools nes (Other) | |||
| 101. | 82059000 | Hand tools (Other, including sets of articles of two or more subheadings of this heading) | |||
| 102. | 82119100 | – – Table knives having fixed blades | |||
| 103. | 82119200 | – – Other knives having fixed blades | |||
| 104. | 82159990 | Tableware articles not in sets and not plated with precious metal | |||
| 105. | 84485100 | Needle | |||
| 106. | 96170010 | – – – Vacuum flasks | |||
| 107. | 96170020 | – – – Other which qualifies for exemption or concession or reduced rate under the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal Excise Act, 2005 for Border Sustenance Markets. | |||
The exemption under this clause shall be available on the import of goods subject to 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, income tax shall be charged on the import value as per provisions of section 148 of this Ordinance;
(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 income 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
(v) Breach of any of the conditions specified herein shall attract relevant legal provisions of the Ordinance, besides recovery of the amount of income tax along with default surcharge and penalties involved.
(16) The provisions of sections 113, 148, 151, 153, 155 and 156 shall not apply to the institutions of the Agha Khan Development Network (Pakistan) listed in Schedule 1 of the Accord and Protocol dated November 13, 1994, executed between the Government of the Islamic Republic of Pakistan and Agha Khan Development Network:
Provided that such institutions shall continue to collect and deduct tax under section 149, 151, 152, 153, 155, 156 or 233 from others persons, wherever required thereunder.
(19) The provisions of sections 113 and 151 shall not apply to non-residents, (excluding local branches or subsidiaries or offices of foreign banks, companies, associations of persons or any other person operating in Pakistan), in respect of their receipts from Pak rupees denominated Government and corporate securities and redeemable capital, as defined in the Companies Act, 2017 (XIX of 2017), listed on a registered stock exchange, where the investments are made exclusively from foreign exchange remitted into Pakistan through a Special Convertible Rupee Account maintained with a bank in Pakistan.
(36A) The provisions of clause (a) of sub-section (1) of section 151 shall not apply in respect of any amount paid as yield or profit on investment in Bahbood Savings Certificate or Pensioner’s Benefit Account and Shuhada Family Welfare Account.
(36B) The provisions of section 151 shall not apply to profit on debt paid on promissory notes and sales tax refund bonds issued under the provisions of the Sales Tax ,Act, 1990.
(36C) The provisions of section 151 shall not apply to profit on debt paid on Pakistan Banao Certificate,
(36D) The provisions of sections 150 and 151 shall not be apply to SARMAYA-E-PAKISTAN LIMITED
(36E) The provisions of section 151 shall not apply on profit on debt paid on bonds issued under the Federal Government Duty Drawback Bonds Rules, 2019
(38) The provisions of section 151, 153 “, 233 and 236Q” shall not apply to special purpose vehicle for the purpose of securitization “or issue of sukuks”.
(38A) The provisions of sections 150, 151 and 233 shall not apply to a Venture Capital Company;
(38AA) The provisions of section 150 shall not apply to China Overseas Ports Holding Company Limited, China Overseas Ports Holding Company Pakistan (Private) Limited, Gwadar International Terminal Limited, Gwadar Marine Services Limited and Gwadar Free Zone Company Limited for a period of twenty-three years.”
(38C) The provisions of section 150, 151, 152, 153 and 233 shall not apply to the Islamic Development Bank.
(38D) The provisions of section 151 and 153 shall not apply to the National Disaster Risk Management Fund.
(42) The provisions of sub-section (3) of section 153 shall not apply in respect of payments received by a resident person for providing services by way of operation of container or chemical or oil terminal at a sea-port in Pakistan or of an infrastructure project covered by the Government’s Investment Policy, 1997.
(43A) The provisions of sub-section (1) of section 153 shall not apply to payments received by a person on account of supply of petroleum product imported by the same person under the Government of Pakistan’s deregulation policy of POL products;
(43B) The provisions of clause (a) sub-section (1) of section 153 shall not apply to payments received on sale of air tickets by travelling agents, who have paid withholding tax on their commission income.
(43C) The provision of clause (a) of sub-section (1) of section 153 shall not be applicable to any payment received by a petroleum agent or distributor who is registered under Sales Tax Act, 1990 on account of supply of petroleum products.
(43D) The provisions of clauses (a) and (b) of sub-section (1) of section 153 shall not apply in case of an oil tanker contractor with effect from 1st July 2008, provided that such contractor pays tax @ 2.5%, on the payments for rendering or providing of carriage services.
(43E) The provisions of clauses (a) and (b) of sub section (1) of section 153 shall not apply in case of goods transport contractors, provided that such contractors pay tax at the rate of 3.5% on payments for rendering or providing of carriage services.
(43F) The provisions of section 153 shall not apply in the case of a start-up, being recipient of payment, as defined in clause (62A) of section 2.
(43G) The provisions of section 153 shall not apply to commodity futures contracts listed on a Futures Exchange licensed under the Futures Market Act, 2016 (XIV of 2016).
(45) The provisions of sub-section (1) of section 153 shall not apply to any manufacturer-cum-exporter as the prescribed person:
Provided that—
(a) the manufacturer-cum-exporter shall deduct tax from payments made in respect of goods sold in Pakistan;
(b) if tax has not been deducted from payments on account of supply of goods in respect of goods sold in Pakistan, the tax shall be paid by the manufacture-cum-exporter, if the sales in Pakistan are in excess of five per cent of export sales.
(45A) The rate of deduction of withholding tax under clauses (a) and (b) of sub-section (1) of section 153 shall be one per cent on local sales, supplies and services provided or rendered to the taxpayers falling in thefollowing categories namely:-
(i) textile and articles thereof;
(ii) carpets;
(iii) leather and articles thereof including artificial leather footwear;
(iv) surgical goods; and
(v) sports goods;
Explanation.—For removal of doubt, it is clarified that the relief of reduced rate for withholding tax under clause (a) and (b) of subsection (1) of section 153 is available only to the local sales, supplies and services made by the taxpayers of categories specified at serial no (i) to (v) of this clause:
Provided that the rate of deduction of withholding tax under clauses (a) and (b) of sub-section (1) of section 153 shall be 0.5% on local sales, supplies and services made by traders of yarn to the above mentioned categories of taxpayers.
(45B) The provisions of section 153 shall not apply on the purchase of used motor vehicles from general public.
(46) The provisions of sub-section (1) of section 153 shall not apply to any payment received by an oil distribution company or an oil refinery “and provisions of sub-section (2A) of section152 shall not apply to” Permanent Establishment of Non-resident Petroleum Exploration and Production (E&P) Companies for supply of its petroleum products.
(46A) the provisions of sub-section (3) of section 153 shall not apply to any payment received by a manufacturer of iron and steel products relating to sale of goods manufactured by him.
(46AA) The provisions of section 153 shall not apply to the following persons as recipients of payment, namely:—
(i) a Provincial Government;
(ii) a local authority;
(iii) persons who are residents of Azad Kashmir and execute contracts in Azad Kashmir only and produce a certificate to this effect from the concerned income tax authority;
(iv) subject to fulfillment of procedure laid down in clause (12) of Part IV of Second Schedule, persons receiving payments exclusively for the supply of agriculture produce including following—
(I) fresh milk;
(II) fish by any person engaged in fish farming;
(III) live chicken, birds and eggs by any person engaged in poultry farming;
(IV) live animals by any person engaged in cattle farming;
(V) unpackaged meat; and
(VI) raw hides:
Provided that this clause shall not apply to the payments for agriculture produce which has been subjected to any process other than that which is ordinarily performed to render such produce to be fit to be taken to the market.”; and
(v) companies receiving payments for the supply of electricity and gas including companies receiving payments for the transmission of electricity and gas.
(vi) companies receiving payments for the supply of crude oil;
(vii) hotels and restaurants receiving payments in cash for providing accommodation or food or both, as the case may be;
(viii) shipping companies and air carriers receiving payments for the supply of passenger tickets and for the cargo charges of goods transported;
(ix) individuals who are not registered under section 181 of the Ordinance, receiving payments for the supply of sand, bricks, grit, gravel, crushed stone, soft mud or clay; and
(x) artisans, plumbers, electricians, surface finishers, carpenters, painters or daily wagers, receiving payments in respect of services provided or rendered to the construction sector including construction of buildings, roads, bridges and other such structures or the development of land, subject to the following conditions, namely:—
(a) services under this clause are provided or rendered by an individual who is not registered under section 181;
(b) the name, Computerized National Identity Card Number and address of such individual is recorded by the recipient of such service; and
(c) payment for such services is made directly to such individual.”;
(47A) The provisions of section 153 shall not apply in respect of payments received by a resident person for supply of such goods as were imported by the same person and on which tax has been paid under section 148.
(47B) The provisions of sections 150, 151, 233 and Part I, Division VII of the First Schedule shall not apply to any person making payment to National Investment Unit Trust or a collective investment scheme or Approved Pension Fund or an Approved Income Payment Plan or a REIT Scheme or a recognized provident fund or an approved superannuation fund or an approved gratuity fund.
(47C) The provisions of sub-section (1) of section 154 shall not apply to an exporter in respect of cooking oil or vegetable ghee exported to Afghanistan, from whom advance tax has been collected under section 148 on import of edible oil.
(47D) The provisions of clause (a) of sub-section (3) of section 153 shall not apply to cotton ginners.
(56) The provisions of section 148, regarding withholding tax on imports shall not apply in respect of—
(i) goods classified under Pakistan Customs Tariff falling under “Chapter 86 and 99 except PCT Heading 9918”;
(ia) Petroleum oils and oils obtained from bituminous minerals crude (PCT Code 2709.0000), Furnace-oil (PCT Code 2710.1941), High speed diesel oil (PCT) Code 2710.1931), Motor spirit (PCT Code 2710.1210), J.P.1 (PCT Code 2710.1912), base oil for lubricating oil (PCT Code 2710.1993), Light diesel oil (PCT Code 2710.1921) and Super Kerosene Oil imported by Pakistan State Oil Company Limited, Shell Pakistan Limited, Attock Petroleum Limited, Byco Petroleum Pakistan Limited, Admore Gas Private Limited, Chevron Pakistan Limited, Total-PARCO Pakistan(Private) Limited, Hascol Petroleum Limited, Barki Energy (Private) Limited, Gas and Oil Pakistan (Pvt) Ltd or any other oil marketing company licensed by Oil and Gas Regulatory Authority (OGRA) and oil refineries.
(ii) goods imported by direct and indirect exporters covered under sub-chapter 7 of Chapter XII of SRO 450(I)/2001 dated June 18, 2001;
(iii) goods temporarily imported into Pakistan for subsequent exportation and which are exempt from customs duty and sales tax under Notification No.492(I)/2009, dated the 13th June, 2009;
(iiia) Goods temporarily imported into Pakistan by international athletes which would be subsequently taken back by them within one hundred and twenty days of temporary import;
(iv) Manufacturing Bond as prescribed under Chapter XV of Customs Rules, 2001 notified vide S.R.O. 450(I)/2001, dated June 18, 2001; and
(v) mineral oil imported by a manufacturer or formulator of pesticides which is exempt from customs-duties under the customs Notification No. S.R.O. 857(I)/2008, dated the 16th August, 2008.
(vi) the Federal Government;
(vii) a Provincial Government;
(viii) a Local Government
(ix) a foreign company and its associations whose majority share capital is held by a foreign government;
(x) a person who imports plant and machinery for execution of a contract with the Federal Government or a provincial government or a local government and produces a certificate from that government;
(xi) companies importing high speed diesel oil, light diesel oil, high octane blending component or kerosene oil, crude oil for refining and chemical used in refining thereof in respect of such imports; and
(xii) Petroleum (E&P) companies covered under the Customs and Sales Tax Notification No. S.R.O.678(I)/2004, dated the 7th August, 2004, except motor vehicles imported by such companies.
(xiii) Goods produced or manufactured and exported from Pakistan which are subsequently imported in Pakistan within one year of their exportation, provided conditions of section 22 of the Customs Act, 1969 (IV of 1969) are complied with;
(xiv) plant and machinery imported for setting up of a bagasse/biomass based cogeneration power project qualifying for exemption under clause (132C) of Part-I of this Schedule.;
(xv) persons authorized under Export Facilitation Scheme 2021 notified by the Board with such scope, conditions, limitation, restrictions and specification of goods.;
(xvi) motor vehicles upto 1000cc in CBU condition;
(xvii) Printed books excluding brochures, leaflets and similar printed matter, whether or not in single sheets.(PCT code 49.01);
(xviii) Newspapers, journals and periodicals, whether or not illustrated or containing advertising material (PCT code 49.02); and
(xix) blind talking mobile phones imported by blind persons as per rules issued by the Board (respective PCT headings);
(56F) The provision of sub-section (2) of section 156A and clause (a) of sub-section (1) of section 169 shall not apply in respect of a person if the person opts to file return of total income along with accounts and documents as may be prescribed, subject to the condition that minimum tax liability under normal tax regime shall not be less than 10% of the commission or discount received.
(57) The provisions of section 153 shall not apply to companies operating Trading Houses which—
(i) have paid up capital of exceeding Rs.250 million;
(ii) own fixed assets exceeding Rs.300 million at the close of the Tax Year;
(iii) maintain computerized records of imports and sales of goods;
(iv) maintain a system for issuance of 100% cash receipts on sales;
(v) present accounts for tax audit every year; and
(vi) is registered under the Sales Tax Act, 1990
Provided that the exemption under this clause shall not be available if any of the aforementioned conditions are not fulfilled for a tax year:
“Provided further that minimum tax under section 113 shall be 0.5% upto the tax year 2021 and one per cent thereafter.”
Explanation.- (i) For the removal of doubt, exemption under this clause, in respect of section 153, shall only be available as a recipient and not as withholding agent.
“(ii) It is further clarified that in-house preparation and processing of food and allied items for sale to customers shall not disqualify a company from being treated as a Trading House, provided that all the conditions in this clause are fulfilled and sale of such items does not exceed two per cent of the total sales.”
(59) The provisions of section 151, regarding withholding tax on profit on debt, shall not apply—
(ii) to any payment made by way profit or interest to any person on Term Finance Certificates being the instruments of redeemable capital under the Companies Act, 2017 (XIX of 2017), issued by Prime Minister’s Housing Development Company (Pvt) Limited (PHDCL);
(iv) in the case of any resident individual, no tax shall be deducted from income or profits paid on,-
(b) Investment in monthly income Savings Accounts Scheme of Directorate of National Savings, where monthly installment in an account does not exceed one thousand rupees.
(60) The provisions of sections 148 and 153 shall not apply to fully as well partly designed/assembled cypher devices, for use within the country as are verified by Cabinet Division (NTISB) with reference to design, quality and quantity.
(60A) The provisions of section 148 shall not apply for import of plant, machinery and equipment including dumpers and special purposes motor vehicles imported by the following for construction of Sukkur-Multan section of Karachi-Peshawar Motorway project and Karakorum Highway(KKH) Phase-II (Thakot to Havellian Section) of CPEC project respectively, namely:-
(a) M/s China State Construction Engineering Corporation Ltd. (M/s CSCEC); and
(b) M/s China Communication Construction Company (M/s CCCC).
(60AA) The provisions of section 148 of the Income Tax Ordinance, 2001(XLIX of 2001), shall not apply for import of construction materials or goods upto a maximum of 10,898.000 million rupees imported by China State Construction Engineering Corporation (M/s CSCEC) for construction of Sukkur-Multan section of Karachi-Peshawar Motorway project of National Highway Authority under CPEC.
(60B) The provisions of section 148 shall not apply on import of thirty-five armoured and security vehicles imported by or for Ministry of Foreign Affairs, Government of Pakistan meant for security of visiting foreign dignitaries, subject to the following conditions, namely:-
(a) that the vehicles imported under this clause shall only be used for the security purpose of foreign dignitaries and will be parked in Central Pool of Cars (CPC) in the Cabinet Division for further use as and when needed; and
(b) that the importing Ministry at the time of import shall furnish an undertaking to the concerned Collector of Customs to the extent of customs-dues exempted under this clause on consignment to consignment basis binding themselves that the vehicles imported under this clause shall not be re-exported, sold or otherwise disposed of without prior approval of the Board and in the manner prescribed therefor.
(60C) The provision of section 148 shall not apply on import of equipment to be furnished or installed for Rail Based Mass Transit Projects in Lahore, Karachi, Peshawar and Quetta under CPEC.
(60D) The provisions of section 148 shall not apply on import of fire fighting equipments by industrial undertakings set up in the special economic zones established by the Federal Government.
(60DA) The provisions of section 148 shall not apply to the import of the capital equipment as defined in section 2 of the Special Technology Zones Ordinance 2020 (XIII of 2020) by—
(a) zone developers as defined in section 2 of the Special Technology Zones Ordinance 2020 for consumption in the special technology zones for the period of 10 years commencing from the date of signing the development agreement;
(b) zone enterprises as defined in section 2 of the Special Technology Zones Authority Ordinance, 2020 for a period of ten years from the date of issuance of license by the Special Technology Zone Authority; and
(c) Special Technology Zones Authority established under the Special Technology Zones Ordinance 2020.
(60E) The provisions of section 148 shall not apply on mobile phones brought in personal baggage under Baggage Rules, 2006.
(62) The following provisions of Section 97 shall not apply in case of transfer of assets on amalgamation of companies or their businesses or acquisition of shares, requiring that transferor:
(a) be resident company; and
(b) belong to a wholly-owned group of resident companies.
Provided that:
(i) the transferee resident company shall own or acquire atleast 75% of the share capital of the transferor company or the business in Pakistan of the transferor company;
(ii) the amalgamated company is a company incorporated in Pakistan;
(iii) the assets of the amalgamating company or companies immediately before the amalgamation become the assets of the amalgamated company by virtue of the amalgamation, otherwise than by purchase of such assets by the amalgamated company or as a result of distribution of such assets to the amalgamated company after the winding up of the amalgamating company or companies;
(iv) the liabilities of the amalgamating company or companies immediately before the amalgamation become the liabilities of the amalgamated company by virtue of the amalgamation; and
(v) the scheme of amalgamation is sanctioned by the State Bank of Pakistan, any court or authority as may be required under the law.
(65) Any income derived by a project, approved by Designated National Authority (DNA), from the transfer or sale of Clean Development Mechanism Credits i.e. Certified Emission Reductions, verified Emission Reductions.
(66) The provisions of section 235 shall not be applicable to the taxpayers registered with sales tax as exporters or manufacturer of —
(a) carpets;
(b) leather and articles thereof including artificial leather footwear;
(c) surgical goods;
(d) sports goods; and
(e) textile and articles thereof.
(67) The provisions of sections 150, 151, 152, 153 and 233 shall not apply in respect of payments made to the International Finance Corporation established under the International Finance Corporation Act, 1956 (XXVII of 1956).
(67A) The provisions of section 100B and Eighth Schedule shall not apply to transactions carried on upto 30th day of June, 2015, on any Stock Exchange of Pakistan, by International Finance Corporation established under the International Finance Corporation Act, 1956 (XXVIII of 1956).
(68) The provisions of sections 151, 153 and 155 shall not apply in respect of payments made to the Pakistan Domestic Sukuk Company Ltd.
(69) The provisions of sections 150, 151, 152, 153 and 233 shall not apply in respect of payments made to the Asian Development Bank established under the Asian Development Bank Ordinance, 1971 (IX of 1971).
(70) The provisions of section 148, regarding withholding tax on imports, shall not apply in respect of goods or classes of goods for the execution of contract, imported by contractors and sub-contractors engaged in the execution of power project under the agreement between the Islamic Republic of Pakistan and HUB Power Company Limited.
(71) The provisions of this Ordinance shall not be applicable to the M/s TAISEI Corporation under the agreement between National Highway Authority, GOP, which falls under the zero rated regime of sales tax and registered with sales tax in respect of supply of products, services and equipment.
(72) The provisions of sections 150, 151, 152, 153 and 233 shall not apply in respect of payments made to The ECO Trade and Development Bank.
(72AA) The provisions of section 152 shall not apply in case of a Hajj Group Operator in respect of Hajj operations.
(73) To mitigate part of the cost of obtaining foreign support to fill productivity gap, income tax payable by a foreign expert shall be exempted provided that such expert is acquired with the prior approval of the Ministry of Textile Industry.
(74) The provisions of sub-section (8) of section 22 shall not apply to Civil Aviation Authority (CAA) in respect of the asset transferred for the purpose of the ijara agreement between Pakistan Domestic Sukuk Company Limited and the Federal Government.
(75) The provisions of sub-section (15) of section 22 shall not apply to Civil Aviation Authority (CAA) on the assets acquired from the Federal Government which were previously transferred for the purpose of the ijara agreement between Pakistan Domestic Sukuk Company Limited and the Federal Government:
Provided that depreciation shall be allowed at the written down value of the assets immediately before their transfer for the purpose of above mentioned Ijara agreement.
(77) Provisions of sections 148 and 153 shall not be applicable on import and subsequent supply of items with dedicated use of renewable sources of energy like solar and wind etc., even if locally manufactured, which include induction lamps, SMD, LEDs with or without ballast with fittings and fixtures, wind turbines including alternator and mast, solar torches, tubular day lighting devices such assolatube, lanterns and related instruments, PV modules with or without the related components including invertors, charge controllers and batteries.
(78) Coal Mining and Coal based Power Generation Projects in Sindh,—
(i) the dividend income of the shareholders of such a project shall be exempt from provisions of section 150 from the date of commencement of business till 30 years from such date; and
(ii) the payments made on account of sale or supply of goods or providing or rendering of services during project construction and operations, shall be exempt from the provisions of section 152(2A) and section 153.
(79A) The provisions of clause (b) of sub-section (1) of section 153 shall not apply to payments received by National Telecommunication Corporation against provision of telecommunication services including ancillary services specified in subsection (3) of section 41 of the Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996).
(86)(a) The provisions of section 111 shall not apply to-
(i) investment made by an individual in a green field industrial undertaking directly or as an original allottee in the purchase of shares of a company establishing an industrial undertaking or capital contribution in an association of persons establishing an industrial undertaking;
(ii) investment made by an association of persons in an industrial undertaking; and
(iii) investment made by a company in an industrial undertaking—
if the said investment is made on or after the 1st day of January, 2014 and commercial production commences on or before the 30th day of June, 2019;
(b) The concessions given in this clause shall also apply to investment made in –
(i) construction industry in corporate sector;
(ii) low cost housing construction in the corporate sector;
(iii) livestock development projects in the corporate sector;
(iv) new captive power plants; and
(v) mining and quarrying in Thar coal, Balochistan and Khyber Pakhtunkhawa;
(c) The concessions given in sub-clause (a) shall not apply to investment made in-
(i) arms and ammunitions;
(ii) explosives;
(iii) fertilizers;
(iv) sugar;
(v) cigarettes;
(vi) aerated beverages;
(vii) cement;
(viii) textile spinning units;
(ix) flour mills;
(x) vegetable ghee; and
(xi) cooking oil manufacturing;
(d) The term green field industrial undertaking shall include expansion projects for the purposes of this clause; and
(e) Immunity under this clause shall not be available to proceeds of crime relating to offences under the following laws, namely:-
(i) Control of Narcotics Substances Act, 1997;
(ii) Anti Terrorism Act, 1997; and
(iii) Anti-Money Laundering Act, 2010.
(91) The provisions of section 148 shall not apply to-
(i) Tillage and seed bed preparation equipment asspecified below
| Equipment | PCT Code |
| (i) Rotavator | 8432.8010 |
| (ii) Cultivator | 8432.2910 |
| (iii) Ridger | 8432.8090 |
| (iv) Sub soiler | 8432.3900 |
| (v) Rotary slasher | 8432.8090 |
| (vi) Chisel plow | 8432.1010 |
| (vii) Ditcher | 8432.1090 |
| (viii) Border disc | 8432.2990 |
| (ix) Disc harrow | 8432.2100 |
| (x) Bar harrow | 8432.2990 |
| (xi) Mould board plow | 8432.1090 |
| (xii) Tractor rear or front blade | 8430.6900 |
| Land leveller or land planer | 8430.6900 |
| (xiv) Rotary tiller | 8432.8090 |
| (xv) Disc plow | 8432.1090 |
| (xvi) Soil-scrapper | 8432.8090 |
| (xvii) K.R.Karundi | 8432.8090 |
| (xviii) Tractor mounted trancher | 8701.9200 |
| (xix) Land leveler | 8430.6900 |
(iii) Seeding or planting equipment
| Equipment | PCT Code |
| (i) Seed-cum-fertilizer drill (wheat, rice barley, etc.) | 8432.3100 |
| (ii) Cotton or maize planter with fertilizer attachment | 8432.3900 |
| (iii) Potato planter | 8432.3900 |
| (iv) Fertilizer or manure spreader or broadcaster | 8432.4100 |
| (v) Rice transplanter | 8432.3900 |
| (vi) Canola or sunflower drill | 8432.3100 |
| (vii) Sugarcane planter | 8432.3900 |
(iii) Irrigation, drainage and agro-chemical application equipment
| Equipment | PCT Code |
| (i) Tubewells filters or, Strainers | 8421.2100 |
| (ii) Knapsack sprayers | 8424.2010 |
| (iii) Granular applicator | 8424.2010 |
| (iv) Boom or field sprayers | 8424.2010 |
| (v) Self propelled sprayers | 8424.2010 |
| (vi) Orchard sprayer | 8424.2010 |
(iv) Harvesting, threshing and storage equipment
| Equipment | PCT Code |
| (i) Wheat thresher | 8433.5200 |
| (ii) Maize or groundnut thresheror sheller | 8433.5200 |
| (iii) Groundnut digger | 8433.5900 |
| (iv) Potato digger or harvester | 8433.5300 |
| (iv) Sunflower thresher | 8433.5200 |
| (v) Post hole digger | 8433.5900 |
| (vi) Straw balers | 8433.4000 |
| (vii) Fodder rake | 8433.5900 |
| (viii) Wheat or rice reaper | 8433.5900 |
| (ix) Chaff or fodder cutter | 8433.5900 |
| (x) Cotton picker | 8433.5900 |
| (xi) Onion or garlic harvester | 8433.5200 |
| (xii) Sugar harvester | 8433.5200 |
| (xiii) Tractor trolley or forage wagon | 8716.8090 |
| (xiv) Reaping machines | 8433.5900 |
| (xv) Combined harvesters | 8433.5100 |
| (xvi) Pruner/shears | 8433.5900 |
| (xvii) Corn harvester/corn picker and silage maker with their respective PCT heading |
(v) Post-harvest handling and processing & miscellaneous machinery
| Equipment | PCT Code |
| (i) Vegetables and fruits Cleaning and sorting or grading equipment | 8437.1000 |
| (ii) Fodder and feed cube Maker equipment | 8433.4000 |
(92) The provisions of section 148 shall not apply to.—
| PCT Code | |
| Aircraft, whether imported or acquired on wet or dry lease | 8802.4000 |
| Maintenance kits for use in trainer aircrafts of PCT headings 8802.2000 and 8802.3000 | Respective headings |
| Spare parts for use in aircrafts, trainer aircrafts or simulators | Respective headings |
| Machinery, equipment and tools for setting up maintenance, repair and overhaul (MRO) workshop by MRO company recognized by Aviation Division | Respective headings |
| Operational tools, machinery, equipment and furniture and fixtures on one-time basis for setting up Greenfield airports by a company authorized by Aviation Division | Respective headings |
| Aviation simulators imported by airline company recognized by Aviation Division | Respective headings |
(93) The provisions of sub-section (1) of section 154 shall not apply to taxpayers operating halal meat production and qualifying for exemption under clause(126K) of Part-I of this Schedule for the period specified in clause (126K).”
(95) the provisions of sections 147, 150A, 151, 152, 236A and 236K shall not apply to “The second Pakistan international Sukuk Company Limited” and the Third Pakistan International Sukuk Company Limited, as a payer.
(95A) The provisions of section 236A shall not apply in respect of auction of franchise rights to participating teams in a national or international league organized by any board or other organization established by the Government in Pakistan for the purposes of controlling, regulating or encouraging major games and sports recognized by the Government with effect from the first day of July; 20l9.
(96) the provisions of sections 147, 150A, 151, 155 and 236K shall not apply to “The second Pakistan international Sukuk Company Limited” and the Third Pakistan International Sukuk Company Limited, as a recipient.
(97) the provision of section 236C shall not apply to “Pakistan International Sukuk Company Limited.
(98) The provisions of section 148 shall not apply to import of ships and other floating crafts including tugs, survey vessels and other specialized crafts purchased or bare-boat chartered by a Pakistani entity and flying Pakistani flag:
Provided that exemption under this clause shall be available up to the year 2030, subject to the condition that the ships and crafts are used for the purpose for which they were procured, and in case such ships and crafts are used for demolition purposes, tax collectible under section 148, applicable to ships and crafts purchased for demolition purposes, shall be chargeable.
(99) The provisions of section 148 shall not apply to import or acquisition of aircraft on wet or dry lease by M/s Pakistan International Airlines Corporation with effect from 19th March, 2015.
(100) The provisions of section 236U shall not apply to an insurance collecting premium under:-
(a) Crop Loan Insurance Scheme (CLIS); and
(b) Livestock Insurance Scheme (LIS).
(102) The provisions of section 231B (1A) shall not apply to light commercial vehicles leased under the Prime Minister’s Youth Business Loan Scheme.
(102A) The provisions of section 233 shall not apply to commission received by a retail branchless banking agent on any amount disbursed by the Ehsaas Emergency Cash Transfer Programme for the period commencing on 16th April, 2020 and ending on 30th day of September, 2020.
(103) The provisions of section 7B shall not apply to yield or profit on investment in Bahbood Savings Certificate or Pensioner’s Benefit Account, provided that tax on the said yield or profit on debt is paid at the rates specified in Division I of Part I of the First Schedule subject to clause (6) of Part III.
(104) The provisions of section 5A shall not apply to a company where a restriction has been imposed on distribution of dividend on account of an agreement with the Government of Pakistan.
(107) The provisions of section 111 relating to unexplained income or assets shall not apply in respect of any contribution paid to the Supreme Court of Pakistan – Diamer Bhasha & Mohmand Dams – Fund.
(108) The provisions of sections 113 and 151 shall not apply to the Supreme Court of Pakistan – Diamer Bhasha & Mohmand Dams – Fund.
(109A) The provisions of sections in Division III of Part V of Chapter X and Chapter XII of the Ordinance for deduction or collection of withholding tax which were not applicable prior to commencement of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018) shall not apply to individual domiciled or company and association of persons resident in the Tribal Areas forming part of the Provinces of Khyber Pakhtunkhwa and Balochistan under paragraph (d) of Article 246 of the Constitution with effect from the 1st day of June, 2018 to the 30th day of June, 2023 (both days inclusive).
(110) The provisions of sections in Division III of Part V of Chapter X and Chapter XII of the Ordinance for deduction or collection of withholding tax which were not applicable prior to commencement of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018) shall not apply to individual domiciled or company and association of person resident in the Tribal Areas forming part of the Provinces of Khyber Pakhtunkhwa and Balochistan under paragraph (d) of Article 246 of the Constitution with effect from the 1st day of June, 2018 to the 30th day of June, 2023 (both days inclusive).
(111) The provisions of section 48 shall not apply to so much of the income of banking company as defined in the said section subject to reduced rate of tax at 20% under rules 7D, 7E and 7F of the Seventh Schedule for tax years 2020 to 2023.
(111A) The provisions of section 100BA and rule 1 of the Tenth Schedule shall not apply to the extent of payment of dividend to non-resident persons.
(111AB) The provisions of section 100BA and rule 1 of the Tenth Schedule shall not apply to non-resident individual holding Pakistan Origin Card (POC) or National ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC) maintaining a Foreign Currency Value Account (FCVA) or Non-resident Pakistani Rupee Value Account (NRVA) with authorized banks in Pakistan under the foreign exchange regulations issued by the State Bank of Pakistan.
(113) The provision of sub-section (5B) of sections 147 shall not apply in respect of capital gains arising to a non-resident company having no permanent establishment in Pakistan from investment in debt instruments and Government securities including treasury bills and Pakistan investment bonds through special convertible rupee account (SCRA) maintained with a banking company or financial institution in Pakistan.
(114) The provisions of section “clause (ae) of sub-section (a) of section 114” and 181 shall not apply to a non-resident company having no permanent establishment in Pakistan solely by reason of capital gain or profit on debt earned from investments in debt securities and Government securities including treasury bills and Pakistan investment bonds through special convertible rupee account maintained with a banking company or financial institution in Pakistan.
(114A) The provisions of clause (ae) of sub-section (1) of section 114 and section 181 shall not apply to a non-resident individual holding Pakistan Origin Card (POC) or National ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC) maintaining a Foreign Currency Value Account (FCVA) or a Non-resident Pakistani Rupee Value Account (NRVA) with authorized banks in Pakistan under the foreign exchange regulations issued by the State Bank of Pakistan:
Provided that this clause shall not apply if the person referred in this clause has Pakistan-source taxable income other than the following; namely:—
(a) profit on debt on FCVA or Non-resident Pakistani Rupee Value Account (NRVA);
(b) profit on debt earned on Government of Pakistan (GOP) securities either conventional or Shariah Compliant where investment has been made from proceeds of FCVA or NRVA;
(c) capital gain on disposal of immovable property acquired from proceeds of FCVA or NRVA;
(d) capital gain on disposal of securities traded on Pakistan Stock Exchange and units of mutual funds that are acquired from proceeds of FCVA or NRVA; or
(e) dividend income from securities traded on Pakistan Stock Exchange and mutual funds that are acquired from proceeds of FCVA or NRVA.
(115) The provisions of section 153 shall not apply to traders being individuals having turnover upto one hundred million Rupees as a prescribed person.
Explanation.- Trader in this clause shall have the meaning as provided in clause (28D) of Part II of the Second Schedule.
(116) The provisions of section 151 and 236P shall not apply to The Prime Minister’s COVID-19 Pandemic Relief Fund-2020.
(118) The provisions of withholding taxes contained in the Income Tax Ordinance, 2001 (XLIX of 2001) shall not apply to Islamic Naya Pakistan Certificates Company Limited (INPCCL) as a recipient.
(119) The provisions of section 153(1)(a) shall with effect from the first day of July, 2020 not apply to distributors, dealers, wholesalers and retailers of locally manufactured mobile phone devices as withholding agent.
Note: Clauses not present in the text have been deleted through various amendments.
(Disclaimer: The text of the above section is only for information. Team PkRevenue.com makes all efforts to provide the correct version of the text. However, the team PkRevenue.com is not responsible for any error or omission.)
