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3. Scope of tax.—

(1)       Subject to the provisions of this Act, there shall be charged, levied and paid a tax known as sales tax at the rate of fifteen per cent of the value of--

(a)   taxable supplies made (***) by a registered person in the course or furtherance of
       any taxable activity carried on by him; and

(b)   goods imported into Pakistan.

(1A)     Subject to the provision of sub-section (6) of section 8 or any notification issued thereunder where taxable supplies are made to a person other than a registered person there shall be charged, levied and paid a further tax at the rate of three per cent of the value in addition to the rate specified in sub-section (1), sub-section (2), and sub-section (4) and (5):

Provided that the aforesaid further tax shall not be charged, levied and paid if the said taxable supplies are made:--

(1)    by a person registered as a retailer: or

(2)    by any registered person to a person whose income is not liable to tax under the
         Income Tax Ordinance, 2001 (XLIX of 2001) but has deducted income tax at
        source under section 153 of the said Ordinance: or   

(3)    By a registered person on the supply of--

        (i)        electrical energy;

        (ii)       natural gas;

        (iii)      petroleum gases including liquified petroleum gas;

        (iv)      petroleum products excluding asphalt, bitumen and lubricants all sorts;

                                (v)       substances registered as drugs under the Drugs Act, 1976 (XXXI of 1976)
                                           and medicaments as are classifiable under any heading of Chapter 30 of
                                           the First Schedule to the Customs Act, 1969 (IV of 1969);

        (vi)      vegetable ghee and cooking oil; and    

        (vii)     fertilizers;

(4)    to a person enrolled for the purpose of turnover tax at the rate of two per cent.

(2)      Notwithstanding the provisions of sub-section (1):--

(a)       taxable supplies specified in the Third Schedule shall be charged to tax at the rate of fifteen per cent of the retail price which alongwith the amount of sales tax shall be legibly, prominently and indelibly printed or embossed by the manufacturer on each article, packet, container, package, cover or label, as the case may be; and

(b)       the Federal Government may, subject to such conditions and restrictions as it may impose, by notification in the official Gazette, declare that in respect of any goods or class of goods imported into or produced in Pakistan or any taxable supplies made by a registered person or a class of registered persons, the tax shall be charged, collected and paid in such manner and at such higher or lower rate or rates as may be specified in the said notification.

(3)       The liability to pay the tax shall be,--

(a)        in the case of supply of goods, of the person making the supply, and

(b)        in the case of goods imported into Pakistan, of the person importing the goods.  

(3A)     Notwithstanding anything contained in clause (a) sub-section (3), the Federal Government may, by a notification in the official Gazette, specify the goods in respect of which the liability to pay tax shall be of the person receiving the supply.

(4)        The Federal Government may, for a period not beyond the 30th June, 2003, in addition to or in lieu of levying and collecting the tax under sub-section (1), levy and collect such withholding tax not exceeding five per cent of the value on any supply of textile goods to be payable by any registered person or class of registered persons, supplying such goods or class of goods, in such mode, manner and at time, and subject to such conditions and limitations as it may specify by a notification in the official Gazette.

(5)        The Federal Government may, in addition to the tax levied under sub-section (1) and (1A), sub-section (2) and sub-section (4), levy and collect such extra amount of tax not exceeding fifteen per cent of the value of such goods or class of goods and on such persons or class of persons, in such mode, manner and at time, and subject to such conditions and limitations as it may, by rules, prescribe.

(6)        The Federal Government or the Central Board of Revenue may, in lieu of the tax under sub-section (1), by notification in the official Gazette, levy and collect such amount of tax as it may deem fit on any supplies or class of supplies or on any goods or class of goods and may also specify the mode, manner or time of payment of such amount of tax.

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