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030616

SALES TAX INSTRUCTIONS/
RULING NO. 15/2003

GOVERNMENT OF PAKISTAN
CENTRAL BOARD OF REVENUE
REVENUE DIVISION
(SALES TAX WING)
*****

C. No. 1/29-STR/99.                                                                                                       Islamabad the 16th June, 2003.

To:     1.    The Collectors,
                Collectorates of Sales Tax & Central Excise,
                Lahore/ Rawalpindi/Gujranwala/ Peshawar/Karachi (East/West).
          2.   The Collectors,
                Collectorates of Customs, Sales Tax & Central Excise,
                Multan/Hyderabad/Quetta.
          3.   The Collector,
                Collectorate of Sales Tax, Faisalabad.
          4.   The Collector,
                Large Tax Payers Unit, Karachi.

SUBJECT: CLARIFICATION ON CHARGEABILITY AND PAYMENT OF SALES TAX BY PRODUCERS OF LPG.

                I am directed to refer to the subject cited above and to say that a question has been raised whether producers of LPG are liable to charge and pay sales tax on supplies made by them from bore-holes and wells in terms of the Collection and Payment of Sales Tax on Natural Gas Rules, 1999.

2.            The matter has been examined in the Central Board of Revenue. The provisions of the Collection and Payment of Sales Tax on Natural Gas Rules, 1999 are explicit and un-ambiguous. Rule 3 enlists stages of collection and payment of sales tax and identifies, stage-wise, the persons responsible to charge and pay sales tax on the supply of natural gas. In case of LPG, the liability to collect and pay sales tax commences from the event of supply from bore-holes and wells and continues until the same is sold to the ultimate consumers. As such all the persons engaged in the sale and supply of natural gas including LPG at any stage from bore-holes and wells to retail sale, are liable to get themselves registered under section 14 of the Sales Tax Act, 1990 and discharge their statutory responsibilities under the Sales Tax Act, 1990. The person paying sales tax (output tax) is, however, entitled to take adjustment of the tax (input tax) already paid at the previous stage. Therefore, all persons involved in any taxable activity of production, supply transmission, distribution or retailing of LPG, are liable to follow the provisions of the Sales Tax Act, 1990 read with Collection and Payment of Sales Tax on Natural Gas Rules, 1999 notified vide SRO 1040(I)/99 dated 14-09-1999.

 

(Pervez Esbhani)
Secretary (STR&S)
 


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